She wrote, “In enforcing due process limits, the court does not sit as a replacement for the jury but only as a check on arbitrary awards. The punitive damages award must be constitutionally reduced to the maximum allowed by due process in this case — $39,253,209.35 — equal to the amount of compensatory damages awarded by the jury based on its findings of harm to the plaintiff.”
In a statement, Johnson’s lawyers said they are reviewing the judge’s decision whether to accept it or retry the punitive damages portion. If Johnson accepts the reduced punitive award, the judge will order Monsanto to pay a total of $78 million.
“A step in the right direction”
Bayer, the company that recently acquired Monsanto, issued a statement regarding the judge’s decision.
It said, “The Court’s decision to reduce the punitive damage award by more than $200 million is a step in the right direction. We continue to believe that the liability verdict and damage awards are not supported by the evidence at trial or the law and plan to file an appeal with the California Court of Appeal.”
