FOLLOW US

Tue

August 3, 2026

America May 31, 2024 5 mins read

Monsanto PCB Plaintiffs Seek $185M Reinstatement in Washington Supreme Court Appeal

America ı By Rochdi Rais

0 Comments

Monsanto PCB Plaintiffs Want $185M

Seattle, WA - A group of public school teachers is urging the Washington State Supreme Court to review a state appellate court decision that overturned their $185 million win in a PCB tort case against Monsanto. The teachers contend that the ruling stifles plaintiffs' rights in cases stemming from the same school site and other product liability litigation.

The teachers, led by Kerry L. Erickson, argue that the three-judge panel from the Washington Court of Appeals' first division erred when it reversed the $185 million verdict. Monsanto had argued that it should have been able to assert the Evergreen State's statute of repose as a defense. In a Friday petition, the teachers urged the state's high court to revisit the ruling, focusing on the finding that their claims were potentially limited by the rule that product sellers usually can't be held liable for harm occurring after the product's 12-year "useful safe life" expires.

"If the harsh logic of the Division One decision is allowed to stand, the claims of injured Washington residents can be extinguished long before they ever arise, long before anyone could conceivably have discovered their cause, and in the case of every child plaintiff involved, long before the victim was even born," the teachers stated in their petition for review.

The three teachers, joined by one of their spouses, were the first among more than 200 plaintiffs tied to the Sky Valley Education Center to take their claims to trial. They presented evidence that they were sickened by Monsanto-made polychlorinated biphenyls (PCBs) emitted by aging fluorescent light ballasts at the school site, roughly 35 miles northeast of Seattle. The cases have so far resulted in more than $1.2 billion in losses for Pharmacia LLC, the Monsanto spin-off responsible for litigation stemming from its manufacture of PCBs from the 1930s to 1977, with more cases pending trial.

Reversing a King County Superior Court jury's $185 million award to the three teachers, the Court of Appeals panel concluded that the trial court wrongly determined that the Washington Product Liability Act's statute of repose did not apply to the case. Instead, it had looked to the product liability law of Monsanto's home state of Missouri, which does not have a similar time limit for defective product claims.

The appellate judges remanded the case to the trial court for further proceedings, noting potential factual issues regarding whether the statute of repose is fatal to the plaintiffs' case. The law includes exceptions that preserve a claimant's ability to sue beyond the 12-year time frame in certain circumstances, such as if the seller warranted the product for longer or caused the harm by misrepresenting or concealing certain information about the product.

The teachers argued in their petition that the Court of Appeals ruling conflicts with the state supreme court's 2023 ruling in Bennett v. United States, which found that the statute of repose for medical malpractice claims violated the Washington Constitution's privileges and immunities clause.

The teachers said that the appellate panel in Erickson upheld the WPLA statute of repose as constitutional without showing it passed the test outlined in Bennett, which involves serving the legislature's stated purpose of curbing insurance costs for businesses.

Among other things, the teachers protested the Court of Appeals' finding that toxic exposure testimony offered by one of the plaintiffs' experts, industrial hygienist Kevin Coghlan, was new and not generally recognized by the scientific community. The panel's two-judge majority erred by ruling out certain calculations by Coghlan, the teachers argued, even though he was simply applying basic math to existing scientific techniques.

"That decision implicates all seven other jury verdicts from seven other trials, and it parts ways with the views of six experienced Washington judges, including five trial judges who were specifically selected for their expertise in complex civil litigation," the teachers stated.

A spokesperson for Monsanto said the plaintiffs' petition "comes as no surprise, as the Erickson appeal decision undercuts their case and should result in the reversal of all the past verdicts in this litigation given the cross-cutting errors cited in the opinion."

Henry Jones of Friedman Rubin PLLP, representing the Sky Valley plaintiffs, said the teachers would file a motion with the state supreme court seeking expedited review.

"Monsanto's main defense has always been 'delay,'" Jones said. "Prompt and final resolution of the issues on appeal will save the court system and the parties an enormous amount of time and money."

According to the petition, since the Court of Appeals ruling, Monsanto has sought to compel the teachers to pay $2 million in costs. The plaintiffs, however, have moved to defer a ruling on costs pending their appeal to the state supreme court.

The three teachers are represented by Deepak Gupta, Gregory A. Beck, and Robert D. Friedman of Gupta Wessler PLLC and Richard H. Friedman, Sean J. Gamble, James A. Hertz, Henry G. Jones, and Ronald J. Park of Friedman Rubin PLLP.

Monsanto is represented by Jennifer L. Campbell, Allison K. Krashan, Farron Curry, CaroLea W. Casas, Jean-Claude André, A. Elizabeth Sternhell-Blackwell, Kenneth Lee Marshall, and Logan M. Rutherford of Bryan Cave Leighton Paisner LLP.

The case is Kerry L. Erickson et al. v. Pharmacia LLC, case number 83287-5, in the Washington Court of Appeals, Division I.

Previous Article

Nord Stream 2 Argues EU Violated International Law with Pipeline Regulations

Read More
2760 Posts

Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 01, 2026
Mail Carrier Accused of Pocketing Stranger’s $2,600 Jackpot
By – Rihem Akkouche
America August 01, 2026
Westinghouse Electric Files for IPO
By – Rihem Akkouche
America July 31, 2026
Kean University Hit With Class Claims Over Data Breach
By – Rihem Akkouche
America July 31, 2026
Space-Eyes to Go Public in $638 Million SPAC Merger
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 31, 2026
California, Arizona, Nevada would face Colorado…

The Colorado River has been running low for years, and…

By – Rihem Akkouche
America July 31, 2026
Alimentation Couche-Tard Inks $8.6B Deal For…

Alimentation Couche-Tard Inc. just made its boldest move yet, announcing…

By – Rihem Akkouche
America July 31, 2026
Netflix sued for $105M over stolen…

An unreleased World War II spy film starring Nicolas Cage…

By – Rihem Akkouche
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After…

Colin Gray received a 15-year prison sentence Thursday, far below…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter