In addition to Bard, the six other Sky Valley cases that yielded jury verdicts against Monsanto have been appealed. Monsanto has appellate briefs due in June and July in some of those cases and will likely continue detailing its stance on Erickson’s unique impact on each verdict. Two of those cases have been fully briefed and are awaiting scheduling for oral arguments before the court.
PCBs’ ‘Useful Safe Life’
The Court of Appeals ruled the product liability claims in Erickson should have been tried under the Washington statute of repose, a finding that has implications for at least four other cases that yielded $430 million in verdicts for the plaintiffs.
The ruling does not eliminate the chance of future wins for the plaintiffs in those cases, but instead means the plaintiffs will have to overcome additional hurdles for a favorable outcome.
The Washington statute of repose for product liability establishes that a product seller cannot be held liable for harm caused after the expiration of a product’s “useful safe life,” which is presumed to be 12 years unless certain exceptions apply.
