Bayer disagrees with Washington Supreme Court ruling, considering legal options

The Washington Supreme Court issued a decision in Erickson vs. Monsanto which impacts several legal issues across cases involving allegations of exposure to polychlorinated biphenyls at the Sky Valley Education Center, Bayer (BAYRY) announced. “The company disagrees with the Supreme Court’s decision to reverse the Court of Appeals in Erickson and deny Monsanto’s cross-petition regarding the availability of punitive damages. In particular, the company believes that the Court’s choice-of-law analyses underlying its rulings on punitive damages and the statute of repose are wrong and contrary to the U.S. Constitution because the rulings unlawfully discriminate against out of state companies doing business in Washington. Three dissenting justices found in favor of the company on its entitlement to a statue of repose defense under Washington law, writing: ‘…courts are not supposed to start their analysis with policy preferences when there’s a state statute right on point.’ The company is considering its legal options,” Bayer stated.