There are settlement discussions underway with Monsanto that could lead to a global settlement that would compensate many of the pending Roundup claims.  While these settlement talks are encouraging, we know from past negotiations that Monsanto could again walk away without a deal.

These settlement negotiations are difficult because Monsanto holds at least two potential trump cards.  The first trump card is Monsanto’s federal preemption defense.  The United States Supreme Court (the “Court”) initially declined to hear Monsanto’s preemption argument.  Since that time, Monsanto has continued to litigate this defense in the lower courts and may now be in a better position to get this issue before the Court.  If the Court decides to consider Monsanto’s preemption argument and sides with Monsanto, we lose.  The second trump card is Monsanto’s threatened bankruptcy.  If Monsanto seeks bankruptcy protection, civil claims will become a claim in bankruptcy with much less leverage and even more delays.