Developments in the Paraquat Lawsuit: A Look at the Latest Updates
In August, a Daubert hearing took place in the Paraquat lawsuit, yet a ruling is still pending. Initially scheduled for fall 2023, the first trials are currently postponed without rescheduled dates, causing frustration among involved parties.
Judge Rosenstengel’s Concerns and Orders
Judge Rosenstengel has raised concerns multiple times regarding cases with seemingly improbable theories of liability, which she refers to as “drifter” cases where the exposure to Paraquat was not direct. To address this, she issued an order last month compelling each plaintiff in the MDL to issue third-party subpoenas by March 11, 2024, under Federal Rule of Civil Procedure 45. These subpoenas aim to gather documents as evidence of Paraquat use and/or exposure.
Implications and Speculation
The delay in the Daubert ruling has led to speculation about the future of the cases. While it seems unlikely that all cases will be dismissed, it is evident that the court is keen on ensuring a docket of viable and credible claims.
