The U.S. District Court for the Middle District of Georgia granted summary judgment in favor of Firm client, Monsanto, on plaintiffs’ failure to warn and breach of implied warranty claims in a product liability lawsuit involving Roundup-branded herbicides.  Plaintiffs allege that Mr. Terry’s renal cancer was caused by his occupational and home use of Roundup® products.

The federal district court granted summary judgment in favor of Monsanto on the failure to warn claims, concluding that because Mr. Terry admitted during his deposition that he did not read the labels on the Roundup that he allegedly used, plaintiffs could not establish proximate causation to support the failure to warn claims. The court also dismissed plaintiffs’ breach of implied warranty claim because Mr. Terry never purchased any Roundup products and therefore lacked standing to assert the breach of warranty claim.

Terry v. Monsanto Co., No. 7:19-CV-98 (HL), 2021 WL 4473408 (M.D. Ga. Sept. 29, 2021)