Monsanto loses first phase of federal bellwether trial on whether weedkiller causes cancer.

SAN FRANCISCO -- A federal jury on Tuesday returned another unanimous finding that exposure to Monsanto's signature weedkiller causes cancer.

The six-person jury found the Bayer AG-owned company liable for a 70-year-old man's Non-Hodgkin lymphoma, setting the stage for the next phase of the trial over allegations of misconduct.

Monsanto has maintained the plaintiff's non-Hodgkin lymphoma was most likely caused by the 70-year-old man's other medical conditions, namely Hepatitis C or B.

A San Francisco Superior Court jury in August also unanimously awarded a dying man $289 million over allegations exposure to Roundup caused his Non-Hodgkin lymphoma. The verdict, which is being appealed, was reduced to $78 million. Jurors in the federal case only considered whether Roundup's primary active ingredient, glyphosate, causes cancer and whether plaintiff Edwin Hardeman's exposure to the weedkiller specifically caused his illness. The trial will continue Wednesday with the jury hearing testimony and evidence of misconduct and whether damages are warranted.

Monsanto maintained in a statement that the jury's finding of liability in the first causation phase "has no impact on future cases and trials because each one has its own factual and legal circumstances."

"We have great sympathy for Mr. Hardeman and his family, but an extensive body of science supports the conclusion that Roundup was not the cause of his cancer," said Bayer spokesperson Dan Childs. "Bayer stands behind these products and will vigorously defend them."

Both sides started with 32 hours to present their cases. The plaintiff's attorneys have just 71/2 hours remaining in the second phase, while the defense has 181/2 hours.

Hardeman's was the first of three test cases in the consolidated litigation against Monsanto before U.S. District Judge Vince Chhabria of San Francisco. In re: Roundup Liability Litigation, 16-MD02741 (N.D. Cal., filed Oct. 4, 2016).

Monsanto scored a pretrial victory when the judge bifurcated the trial at the request of its attorneys.

Chhabria has emphasized expediency and instructed attorneys to come to court Wednesday prepared to give opening remarks.

The plaintiff's attorneys argued the "entirety of the scientific literature" -- the epidemiological, animal and mechanistic studies -- proves Roundup and the weedkiller's active ingredient, glyphosate, cause Non-Hodgkin lymphoma and that Monsanto is ignoring inconvenient evidence.

The defense, in turn, contended the National Cancer Institute's Agricultural Health Study, which followed the health outcomes of nearly 45,000 farmers who sprayed glyphosate-based weedkillers, is the "highest level of evidence" on the matter and that the other side is presenting significantly flawed studies by experts with questionable credentials and interests.

Aimee H. Wagstaff of Andrus Wagstaff and Jennifer Moore of the Moore Law firm represents Hardeman, while Brian Stekloff and Tammara M. Johnson of Wilkinson, Walsh & Eskovitz represents Monsanto.

The next California state trial against Monsanto starts March 28 in Alameda County Superior Court. Pilliod v. Monsanto, RG17862702 (Ala. Super. Ct., filed June 2, 2017).