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Bayer Continues With Appeals Regarding Roundup Case

Court cases can often leave businesses in line to lose a considerable amount of money, often millions of dollars, especially if the court rules against the company. In such cases, many business owners and operators choose to appeal verdicts that may not be favorable to them. If successful, appeals can help companies reach better outcomes.

Florida readers may be interested in an appeal currently underway in another state. Bayer, the maker of Roundup, has been tied up in litigation for years over claims that Roundup causes cancer. A groundskeeper filed the initial claim that the use of the product caused his non-Hodgkin’s Lymphoma, and a jury initially awarded him $289.2 million. The amount was reduced to $78.5 million by the trial judge, and the Court of Appeal reduced it further to $20.5 million.

Though considerably reduced, Bayer continues to appeal the decisions made by the court system. The company believes that the ruling goes against federal law and certain legal principles, including how other courts handle similar cases involving Roundup claims. Bayer also believes that the court should consider whether the company should be held liable for using a federally approved herbicide.

Appeals can be an important part of the legal process, especially when a company feels that a ruling is unjust. Of course, moving forward with additional legal action can be time consuming and difficult. As a result, it is wise to have experienced and knowledgeable legal help to ensure that Florida companies are able to handle their cases as best as possible.

By : admin | September 15, 2020 | Appeals

Appealing A Court Order May Be Necessary In Business Litigation

Lawsuits between businesses can be complicated to handle. Often, there is a lot at stake in such cases, and company owners and operators want to keep the best interests of their businesses at the forefront. In some cases, efforts to protect a company may mean appealing a court order.

Florida readers may be interested in an appeal currently underway by General Motors. GM and Fiat Chrysler have been in litigation over claims that Fiat Chrysler paid off union leaders to reduce labor costs in relation to contract negotiations. The judge involved in the case believes that it would be a waste of time and resources to continue with the case and ordered the CEO of GM and the head of Fiat Chrysler to meet without legal representation to negotiate a settlement.

GM is attempting to appeal that order, which the company claims is an abuse of power. GM also believes that the court does not have the authority to consider a properly filed lawsuit a distraction and that the order shows that the judge cannot act in an impartial manner in relation to the case. Fiat Chrysler indicated that the company was ready to comply with the judge’s order for negotiations.

Appealing a court order takes work, and it does not always have the desired outcome. However, it is often worthwhile to exhaust this option, if available, after an undesirable outcome. If Florida business owners believe that their cases have not been properly handled and are considering an appeal, they may wish to thoroughly review this option with their legal counsel.

By : admin | June 30, 2020 | Appeals

An Appeal Could Mean Hope After An Unfavorable Ruling

Fort Lauderdale Real Estate Litigation Attorney

Running a business is not an easy job. In fact, it likely often feels as if you actually have numerous jobs as you try to keep everything on track. Unfortunately, even your best efforts may not satisfy everyone, and your company may have recently faced a lawsuit. Whether the suit came as a shock or as something you anticipated due to a disagreement or other issue, it was still difficult for your company.

You likely approached the case with your defense strategies in mind and with your legal counsel close at hand. Unfortunately, the jury did not rule in your favor. Immediately after hearing such news, you may have felt that you suffered a tremendous blow. However, you may have the opportunity to appeal the decision.

How is an appeal different?

An appeal differs from a trial in a number of ways. First, your legal counsel likely presented your defense in the courtroom in front of a jury, and the court likely called in witnesses and showed evidence. The jury considered the evidence presented from both sides as well as testimonies given, and in the end, the outcome was not favorable for your company.

When it comes to an appeal, your legal counsel does not call witnesses or present new evidence, and no jury plays a part in an appeal. Instead, the court accepts the information that the trial uncovered, unless certain information is heavily unsupported by the evidence. Additionally, a jury trial consists of one judge presiding over the proceedings. With an appeal, three to dozens of judges could play a role in the appeal at once.

How does an appeal work?

You may understandably wonder how an appeal could help you reach a better outcome if new evidence does not play a part. Rather than focusing on the details of the case, the appeal focuses on the application of the law in regard to the case. Your legal counsel will argue why one did not apply the law correctly, and the opposition will have the opportunity to argue why the initial outcome fit the situation. Typically, each side presents this information in written briefs, but short oral arguments do take place.

Going through the appeals process can certainly seem confusing, and a lot of the proceedings may feel out of your hands. As a result, it is important to have trusted and experienced legal counsel at your side. Your attorney can answer any questions you have and go over the ways an appeal could work for you and your Florida business.

By : admin | May 14, 2020 | Appeals