Weekly Mass Torts Bulletin 2025-May-26
Report: Monsanto May File Bankruptcy in Roundup Deal
After enduring a string of massive courtroom defeats in Roundup cancer lawsuits, Bayer is reportedly weighing the possibility of placing its Monsanto subsidiary into Chapter 11 bankruptcy as a means to manage the thousands of lawsuits still pending.
This potential move comes after a decade of intense litigation that has seen Bayer and Monsanto face more than 120,000 lawsuits from individuals who allege they developed non-Hodgkin’s lymphoma after using Roundup weedkiller.
The core allegation in these lawsuits is that consumers were not adequately warned about the health risks associated with Roundup, particularly its active ingredient, glyphosate. Although Bayer has already paid over $10 billion to settle a large portion of these claims, thousands remain unresolved—especially from plaintiffs who rejected earlier offers or were more recently diagnosed.
Mounting Legal Setbacks and Strategy Shifts
Bayer has struggled in court to maintain a consistent defense of Roundup’s safety. Multiple juries have issued large verdicts against the company, significantly weakening its legal stance and prompting a strategic pivot. Rather than relying solely on litigation, Bayer has been seeking legislative and judicial relief. The company has recently focused its efforts on convincing lawmakers and the U.S.
Supreme Court that Roundup lawsuits should be preempted by federal law, arguing that the EPA’s approval of the product without a cancer warning should nullify state-based claims.
Despite these efforts, the courts have not been receptive. In a major setback, the Missouri Supreme Court earlier this year upheld a $1.25 million verdict against Bayer. This follows the U.S. Supreme Court's previous refusals to hear two other Bayer appeals—one of which involved an $87 million judgment from California.
Bankruptcy on the Table
In light of its ongoing legal troubles, Bayer may now be preparing to use the U.S. bankruptcy system as a shield against further liability. According to recent reports, the company is considering using Monsanto to file for Chapter 11 bankruptcy if it cannot negotiate additional settlements. This tactic would consolidate all current and future Roundup claims into bankruptcy court, potentially allowing Bayer to limit the total amount it pays out.
This would place Bayer among several large corporations that have tried similar legal maneuvers to manage liability. Notably, Johnson & Johnson and 3M have attempted a controversial process dubbed the “Texas Two-Step.” This involves creating a new subsidiary to shoulder all legal claims, which then declares bankruptcy. While this tactic can drastically reduce the companies’ financial obligations, it has also faced increasing scrutiny from judges. In fact, a Texas bankruptcy judge recently rejected J&J’s attempt to use the maneuver in its talcum powder litigation.
Monsanto’s Case is Different
What sets Bayer’s situation apart is that Monsanto is not a newly created entity designed to absorb liability—it is the original manufacturer of Roundup and existed independently long before Bayer acquired it in 2018. Because Monsanto has a direct connection to the product and the associated health claims, legal experts believe that its bankruptcy filing might have a better chance of being approved by the courts compared to the artificial subsidiaries used in other cases.
Legal Gambles Continue
While the bankruptcy plan remains unconfirmed, Bayer's recent legal actions reflect a company running out of options. Last month, Bayer filed a third petition with the U.S. Supreme Court, requesting the Court to rule that Roundup lawsuits are federally preempted and therefore invalid. This effort, widely seen as a long shot, follows previous denials from the Supreme Court and underscores Bayer’s urgent desire to cap its liability.
Ongoing Risk from Past Products
In 2021, Bayer announced plans to reformulate Roundup by removing glyphosate from consumer versions of the weedkiller, aiming to mitigate future legal exposure. However, this change does not affect lawsuits tied to earlier formulations. As more former users continue to be diagnosed with non-Hodgkin’s lymphoma, Bayer is likely to remain entangled in litigation for years—unless it successfully secures relief through bankruptcy or a favorable ruling from the courts.
Paraquat MDL Judge Sets June 11 Settlement Update Deadline
The U.S. District Judge overseeing all federal Paraquat lawsuits has issued a 30-day pause on discovery deadlines, allowing time for attorneys to finalize the terms of a large-scale settlement.
This development could resolve thousands of claims brought by individuals who developed Parkinson’s disease after being exposed to the herbicide.
Thousands of Lawsuits Centralized in Federal Court
More than 6,000 lawsuits are currently pending in the federal court system, all alleging that Syngenta and Chevron failed to properly warn users of the potential health risks linked to Paraquat exposure, especially during the mixing, spraying, or handling of the product. Due to the common legal and factual issues, all cases have been consolidated into a multidistrict litigation (MDL) in the Southern District of Illinois, under the direction of a single federal judge since June 2021.
Tentative Settlement Reached Amid Trial Preparations
Although the court has been preparing a selection of bellwether cases for early trial dates, expected to begin later this year, a tentative settlement was recently announced. However, the exact terms have not yet been disclosed, and individual plaintiffs are still awaiting details on possible compensation. The settlement talks prompted a joint motion filed on April 14, 2025, requesting that the Seventh Circuit Court of Appeals pause an ongoing appeal as the parties near agreement.
Earlier Bellwether Dismissals and New Trial Candidates
In April 2024, the judge dismissed the initial batch of bellwether lawsuits after excluding the plaintiffs’ expert witness testimony. That decision is currently under appeal. Meanwhile, the judge has moved forward by selecting 10 new bellwether candidates late last year, this time incorporating different expert testimony. These cases are being readied for trial, with the first trial set for October 14, 2025, and the second on April 6, 2026.
Court Orders 30-Day Stay in Discovery
On May 9, 2025, the judge issued an order staying all case-specific discovery deadlines for 30 days, instructing both sides to update the court on the settlement status no later than June 11, 2025. If the settlement does not move forward, discovery will resume for the second batch of bellwether trials. It remains uncertain whether the trial schedule will be affected if settlement discussions collapse.
Bellwether Trials to Serve as Indicators
While the outcome of these bellwether trials will not be legally binding for other plaintiffs, they are viewed as critical indicators. The trials will showcase key evidence and testimony that could be central in future proceedings, helping both sides gauge potential jury reactions if a nationwide Paraquat settlement is not ultimately reached.