WASHINGTON – The Judicial Panel on Multi District Litigation on June 7 assigned Chief District Judge Nancy Rosenstengel of East St. Louis to preside over claims that weed killer paraquat causes Parkinson’s disease.
“We are confident that Judge Rosenstengel will steer this litigation on a prudent course,” panel members stated.
Plaintiffs seek damages from Syngenta and Chevron.
Rosenstengel, whose docket already carried 20 paraquat suits, now presides over 33 from Northern California and 24 from other districts.
Judges on the panel found centralization in Southern Illinois would serve the convenience of parties and witnesses and promote just and efficient conduct.
They found Illinois ranks in the top five states in paraquat usage.
They found the litigation implicates complex scientific and regulatory issues, and centralization “affords us the opportunity to select a skilled jurist who has not yet served as a transferee judge.”
The panel denied relief to Henry and Tara Holyfield, the first paraquat plaintiffs, who argued that consolidation would delay their case.
“Plaintiffs in Holyfield can present their arguments about the need for swift progress in resolving their claims to the transferee judge,” panel judges wrote.
The Holyfields sued Chevron and Syngenta at the Scott County courthouse in Benton, Mo., last July.
Attorneys Steven Crick, Kevin Stanley, and Paul Anderson, all of Independence, Mo., represent them.
Syngenta retained Michael Nester of Belleville, who removed the complaint to U.S. District Court for Eastern Missouri.
Defendants moved to dismiss and in January, District Judge John Ross held the only adversarial proceeding on paraquat to date.
He partially dismissed the complaint and granted the Holyfields leave to amend it, which they did.
Defendants moved to dismiss again, and the Holyfields amended again.
Ross won’t hear the case again, unless Rosenstengel sends it back for trial.
Litigation in Southern District of Illinois started on Feb. 23, when Stephen Tillery of St. Louis sued Syngenta and Chevron for James Hemker of Clinton County.
On Feb. 26, Tillery sued for Barbara Piper of Jefferson County and Terry Runyon of Richland County.
On March 12, Dallas lawyer Patrick Luff sued for Michael Kearns of Texas.
On March 15, Colorado lawyer David Wool and Sarah Doles of Clayton, Mo., sued for Stephen Durbin of Christian County.
Four lawyers from Heninger Garrison in Birmingham, Ala., and Jarrod Beasley of Belleville sued for Jerry Burnette on April 9, without stating his residence.
Luff sued for Charles Adams of Indiana on April 13, with Doles as local counsel.
Tor Hoerman and three lawyers from his firm in Edwardsville sued for Allen Tippey of Schuyler County on April 20.
Christopher Schnieders of Overland Park, Kan., sued for Albertus Barber of Sangamon County on April 21.
Randall Ewing of Tillery’s firm sued for Ellis Pratt of Williamson County on April 22.
On April 28, Tillery sued for Virginia Altman and John Moynihan of St. Clair County, Dorvil Branscum and Sheila Branscum of Macoupin County, Mary Stanton of Jackson County, Patrick Halloran of Lake County, and Edward Bankston and Franklin Douglas of Cook County.
On April 30, Mark DiCello of Mentor, Ohio, sued for John Shea of Gallatin County.
Meanwhile, Luff filed seven suits in Northern California in association with Eric Ploicastro of Dallas.
Aimee Wagstaff of Colorado filed 10 in association with David Wool of her firm and Kathryn Forgie of California.
Curtis Hoke of Orange, Virginia, filed five.
Cynthia Garber of Onder Law in Webster Groves, Mo., filed one.