Summary
A three-judge panel of the Pennsylvania Superior Court has upheld a $175 million jury award to Ernest Caranci, finding that his non-Hodgkin lymphoma was caused by exposure to Monsanto’s Roundup. The court held that Pennsylvania’s stricter “failure to warn” statute survives preemption under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), reinforcing state-level claims and paving the way for future litigation.
Key Details
Verdict affirmed: The panel agreed the Philadelphia jury’s award was not excessive and that Caranci proved causation.
Preemption analysis: Judge Alice Beck Dubow ruled that FIFRA’s labeling requirements mirror—but do not supplant—Pennsylvania’s additional warning standards.
Third Circuit distinction: Unlike the Third Circuit’s Schaffner decision, this ruling confirms federal law preempts only direct conflicts with state statutes.
Reactions from Plaintiffs’ Attorneys
“It’s a tremendous result. This case has always been about the science, and this new verdict puts a huge exclamation point on that fact. It’s about time for Monsanto to finally, once and for all, pull this product off the market and negotiate a global settlement,” commented R. Brent Wisner of Wisner Baum.
“We’re happy Ernie Caranci was awarded justice today. The verdict is a harbinger for things to come in the Roundup litigation,” added Jason Itkin of Arnold & Itkin.
Strategic Implications for Mass-Tort Practices
- Expanded failure-to-warn opportunities
Plaintiffs’ counsel can pursue Pennsylvania claims alongside federal theories, broadening case intake and leverage. - Heightened damages exposure
Nine-figure awards underscore jury appetite for compelling causation narratives—defense teams should bolster risk models. - Venue selection
Pennsylvania remains a premier forum for glyphosate litigation; assess states with comparable statutes for new filings. - Media and outreach
Sustained media focus on glyphosate risks drives inbound inquiries. Position your firm as a leading advocate to capture qualified plaintiffs.
Why Blue Sky Legal
We deliver signed retainers at a targeted price range. We’ve successfully recruited hundreds of Roundup plaintiffs through precision media buying, fraud-and-spam detection, and real-time reporting. Our performance-driven model ensures predictable cost-per-case metrics, freeing your team to focus on case development and courtroom strategy.
Contact us to learn how we can power your next chemical-exposure or mass-tort campaign.
