R. Brent Wisner

Wisner is unafraid to battle large companies in product liability cases.

Alva and Albert Pilliod, two longtime users of Roundup, Monsanto's glyphosate-based weedkiller, sought his counsel after they were diagnosed with non-Hodgkin lymphoma and diffuse large B-cell lymphoma.

"Monsanto's commercials had people wearing shorts and T-shirts spraying Roundup," Wisner said. "The label used internally by Monsanto employees says you need to wear boots, gloves, and a respirator. None of that is on the consumer label. By Monsanto's own studies, by their own internal documents, they knew that was unsafe to be spraying like that."

In his closing argument at trial in Oakland, Wisner said the company hid facts about the product from consumers for decades. The jury agreed, finding the company acted with malice, oppression or fraud.

"It was a pretty dramatic moment in the courtroom when they read the verdict. We could see some of the jurors holding hands. It was like they sent a message to Monsanto that they need to stop giving people cancer," Wisner said.

In May 2019, the Alameda County jury awarded $2.055 billion to the couple. Pilliod v. Monsanto Co., RG17862702 (Alameda Super. Ct., filed Nov. 16, 2017). Superior Court Judge Winifred Smith reduced the verdict to $86.7 million.

In February, Bayer AG-owned Monsanto asked the 1st District Court of Appeal to overturn the verdict. On June 24, the company announced it would pay more than $10 billion to settle cases alleging Roundup exposure causes cancer. Hardeman v. Monsanto Co. et al., 16-CV-00525 (N.D. Cal., filed Oct. 4, 2016).

But then, at the last minute, Monsanto withdrew the offer.

-- Nick Kipley