Thread. Key details of #Roundup settlement for busy people (and from Bayer's media release--haven't seen the settlement itself):
1) Looks like inventory deals with lead plaintiffs' attorneys in MDL and California. Bayer says deal covers 75% current claims https://media.bayer.com/baynews/baynews.nsf/id/Bayer-announces-agreements-to-resolve-major-legacy-Monsanto-litigation

2) Deal includes $8.8 billion to $9.6 billion for current Roundup plaintiffs BUT current plaintiffs won't know if they're actually eligible to receive compensation until AFTER they've given up their right to sue in court and entered into the settlement program.

3) That means that plaintiffs shouldn't be dazzled by the big numbers, but should focus carefully on the criteria that will be used to evaluate their claims. Their lawyers have apparently already agreed to deliver them into the deal, so they should be wary of that advice, too.

4) Bayer's appeals of cases that went to trial (Johnson, Hardeman & Pilliod) are sill in place. It wants appellate courts to rule on its preemption claims. #Repeatplayers

5) This is the strangest part: a futures class (subject to court approval) with a Class Science Panel that will hold claims in abeyance for years while it decides whether Roundup causes cancer.

Remember that the World Health Org. & EPA have reached conflicting decisions here.

6) Potential payout for a "futures" class is capped at $1.25 billion, whereas the current deal is for up to $9.6 billion (depending on claims valuation).

Both sides are supposedly bound to the science panel's decision.

So many questions...

7) A few questions: how will notice be adequate given the long latency period? Will a federal court find that a futures class complies with Amchem and Ortiz? Will that certification be appealed?

Bigger Q's: is class action retrenchment occurring? NFL, Opioids, BP, Roundup?