EAST ST. LOUIS – Chief U.S. District Judge Nancy Rostenstengel, presiding over national litigation of claims that weed killer paraquat caused Parkinson’s disease, devised a plan to pick a perfect plaintiff for a first trial.
Rosenstengel laid out her rules on Dec. 3, in search of someone whose verdict could provide a solid basis for settling hundreds of claims.
She set trial next November, and in case it shouldn’t lead to settlement she set three trials in 2023.
A judicial panel in Washington consolidated paraquat suits from district courts around the nation earlier this year and assigned them to Rosenstengel.
Plaintiffs seek damages from Syngenta and Chevron, which made paraquat and distributed it to farmers and ranchers who held licenses to buy it.
At the first step of the trial selection process, lead counsel for plaintiffs will name eight prospects, Syngenta will name four, and Chevron will name four.
Parties will exchange names by Dec. 15, and limited discovery will follow.
Rosenstengel defined limited discovery as a fact sheet, a document requested in a fact sheet, and depositions of a family member, physician, and exposure witness.
She wrote that she’d permit further discovery only upon agreement of parties or with her leave.
Limited discovery will end on March 31.
On April 15, plaintiffs may suggest striking two names and each defendant may suggest striking one.
From the pool of 12 to 16 prospects, Rosenstengel will choose four by April 30.
Parties will designate fact witnesses by May 13.
Depositions will take place before June 17, and fact discovery will end on that date.
Parties will file motions for summary judgment and exclusion of experts by July 1.
They will file motions to limit evidence by Sept. 15.
Before she issued the plan on Dec. 3, she held a brief Zoom conference.
She said plaintiff lawyers who have cases coming need to get them in.
“I want them on the docket for many reasons,” she said.
She referred to deficiencies in responses to questionnaires and told plaintiff lawyers the better they do on questionnaires the better things would be.
She set a Zoom conference Jan. 7, with public access by telephone.