The Supreme Court today denied review in Johnson v. Monsanto Company, where a jury awarded over $39 million in compensatory and $250 million in punitive damages to a plaintiff who said his non-Hodgkin’s lymphoma was caused by an herbicide he used as a school grounds manager.
In a partially published opinion, the First District, Division One, Court of Appeal found the future noneconomic damages excessive, reduced the compensatory and punitive damages to $10,253,209.32 each, and otherwise affirmed. It rejected numerous arguments, including that the action was preempted by federal law.
Both sides unsuccessfully petitioned for review.
[Disclosure: Horvitz & Levy is representing Monsanto on appeal.]