In McKivison’s case, a 12-member jury deliberated for only an hour before returning the eye-popping verdict against the agrochemical giant, which Germany-based Bayer acquired in 2019 for roughly $62 billion.
Following the verdict, Monsanto’s counsel asked the court to issue a remittitur reducing the award, which defense attorneys claimed was “orders of magnitude” greater than in similar cases.
Monsanto’s lawyers argued that the verdict was the result of the judge permitting improper testimony and statements by McKivison’s lawyers. Monsanto particularly took issue with arguments that McKivison’s cancer diagnosis was a death sentence, even though his cancer has since been found to be in remission.
In her order Tuesday, Judge Schulman didn’t elaborate on her reasoning in deciding to cut the verdict.
Monsanto said in a statement Tuesday that the company still plans to appeal the liability verdict, and that the trial was “marred by significant and reversible errors that misled and inflamed the jury.”
