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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Farmers Say Roundup Caused Cancer, David Domina Featured in Courthouse News

Monsanto may claim that its weed killer Roundup is “safe enough to drink,” but four Nebraska farmers are saying the product gave them non-Hodgkin’s lymphoma.

Last September, California became the first state to officially label Roundup as a carcinogen based on research by the World Health Organization’s (WHO) International Agency for Research on Cancer (IARC) that classified glyphosate, the main ingredient in Roundup, as “probably carcinogenic to humans.” The Office of Environmental Health Hazard Assessment (OEHHA) announced it planned to add the chemical to the state’s Proposition 65 list of chemicals known to cause cancer, birth defects, or other reproductive harm. OEHHA overruled its own conclusion with this decision, after evaluating glyphosate between 1997 and 2007.

Monsanto sued the state in January in an attempt to stop the classification as a carcinogen, and may need to address the findings of the Environmental Protection Agency in the near future as well. The EPA agreed to analyze the effects of glyphosate, along with three other commonly used pesticides, on 1,500 endangered plants and animals in the US last year.

Domina Law Group’s David Domina is representing the four farmers - Larry Domina, Frank Pollard, Robert Dickey, and Royce Janzen – and is assisted by Robin Greenwald with Weitz & Luxemborg in New York City.

"Roundup is used by Nebraskans raising everything from grain to grass and tulips to trees. Nothing on the label alerts users to health risks," attorney David Domina said in an interview. "Nebraskans deserve the benefit of the WHO research, and protection against unknown exposure."

The plaintiffs claim, among other things, that Monsanto mislabeled the product, in defiance of the “body of scientific evidence linking the disease to exposure to Roundup.” They’re seeking punitive damages for defective design, failure to warn, negligence, and breach of warranty.

Monsanto is fighting these claims against their product that generated $4.8 billion in sales in 2015, stating that, "[s]ince 1991, glyphosate has been classified by the U.S. EPA in its lowest category for evidence of non-carcinogenicity based on extensive animal studies. In fact, glyphosate is one of the most thoroughly studied herbicides in the marketplace."

Domina Law Group has put together an informational sheet for farmers and others in agriculture who may have claims against Monsanto over Roundup. Access your copy here.

To learn more, contact a Monsanto Roundup cancer lawyer at Domina Law Group today - (888) 387-4134 or you can Sign Up Now.

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