Last week, U.S. District Judge Margaret Guzman was one of the first trial judges in the nation to express the view that the Supreme Court’s recent decision in Monsanto v. Durnell does not eliminate all personal injury claims involving Roundup. That observation came during a status conference in Rubin v. Monsanto, a Roundup case currently pending in the U.S. District Court for the District of Massachusetts. The Rubin case was part of the MDL before it was remanded to the Massachusetts court.
The court’s observations followed brief submissions by the Plaintiffs, Joel and Rachel Rubin, and Monsanto, in which the parties expressed competing views on the impact of Durnell. The Rubins, represented by Matt Leckman of Leckman Law in partnership with the Bernheim Kelley law firm, argued that there are certain state court tort claims that Durnell leaves unaffected, including “design defect” claims and “non-label-based failure to warn” claims. Judge Guzman agreed and granted the plaintiffs permission to amend their complaint and designate any additional expert testimony that might be necessary. Notably, the court also set a final pretrial conference for December 29 and kept the previously-ordered January 4, 2027, trial date untouched.
These developments come immediately on the heels of both Durnell and Bayer / Monsanto’s efforts to push a class action settlement to final approval. That class action, filed in St. Louis City state court in Missouri on February 17, purports to cover all present and future Roundup injury claims—whether or not class members already have individual lawsuits or are represented by their own attorneys. Many plaintiff attorneys have advised clients not to participate in the class, taking the position that the class is riddled with legal infirmities and does not adequately compensate Roundup victims. Those not participating in the class are now left to navigate the post-Durnell world of Roundup litigation, and the scheduling order in Rubin marks a critical first step.
Matt Leckman and Bernheim Kelley also represent plaintiffs in three other cases that have been remanded from the MDL to the District of Massachusetts, each of which has also been set for trial: Tudal v. Monsanto (trial date November 2, 2026), and McDermott v. Monsanto / Sullivan v. Monsanto (trial date November 30, 2026). Anyone with questions about a Roundup claim should speak with counsel about the facts, deadlines, jurisdiction, and court decisions that may apply. To learn more, use the firm’s contact form to schedule a free case review.
Disclaimer: The articles on this blog are for informational purposes only and are not a substitute for legal advice. Reading this post does not create an attorney-client relationship. Prior results and pending litigation developments do not guarantee any particular outcome, and claim eligibility may depend on the facts, applicable deadlines, jurisdiction, court rulings, and other legal considerations. If you are seeking legal advice, please contact the law firm directly.