Hardeman
Hardeman v. Monsanto Co. (In re Roundup Prods. Liab. Litig.)
Opinion
Lead Opinion
*1044 PRETRIAL ORDER NO. 160: GRANTING IN PART AND DENYING IN PART MONSANTO'S MOTION FOR JUDGMENT AS A MATTER OF LAW ON PUNITIVE DAMAGES; DENYING MONSANTO'S MOTION FOR A NEW TRIAL ON COMPENSATORY DAMAGES
This order addresses Monsanto's post-trial challenge to Mr. Hardeman's damages award. The approximately $5 million compensatory damages award is sufficiently supported by the evidence, and Monsanto's request for a new trial on that issue is therefore denied. The jury's decision to award punitive damages is reasonable as well, but the size of the award - $75 million - is constitutionally impermissible. This will be reduced to $20 million, for a total award of $25,267,634.10.
I.
State law governs review of a compensatory damages award in a diversity action. See Gasperini v. Ctr. for Humanities, Inc. , 518 U.S. 415 , 430-31, 116 S.Ct. 2211 , 135 L.Ed.2d 659 (1996) ; Foradori v. Harris , 523 F.3d 477 , 497 (5th Cir. 2008). Under California law, a new trial may be granted on the basis of an excessive award only if "after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a…