Additional Syngenta Trials Have Been Scheduled in Kansas MDL
With the ink barely dry on the $217.7 million Kansas class verdict, Judge Lungstrum has set forth the plan for trying the additional class claims comprising the Kansas multi-district litigation. On July 6, the court ordered the following schedule:
- Arkansas and Missouri class claims will be tried together on January 22, 2018, with dispositive motions due September 22, 2017.
- Illinois and Nebraska class claims will be tried together on April 4, 2018, with dispositive motions due January 5, 2018.
- Iowa and South Dakota class claims will be tried together on May 14, 2018, with dispositive motions due February 26, 2018.
- Ohio class claims will be tried October 8, 2018, with dispositive motions due May 28, 2018.
In creating this schedule, the court struck a balance between the plaintiffs’ request to consolidate more claims with fewer trials and Syngenta’s request to try each set of class claims separately. The court found that differences in laws between the states could be appropriately addressed with careful jury instructions. Judge Lungstrum noted that this schedule will provide the parties with a number of verdicts to consider when weighing a potential global settlement. The court pointed out that, in addition to the Kansas verdict and the above four trials, there will also be at least one trial in the Minnesota state court class action.
This week the court also granted Syngenta a few extra days to post a $272.125 million bond so that the Kansas class judgment can be stayed (not collected) during Syngenta’s appeal of the June 23, 2017, $217.7 million verdict.
We’ll keep you posted!