Mothra said:And yet, the gatekeeper - the court of appeals - upheld it, determining it wasn't frivolous.Tempus Edax Rerum said:The case was frivolous. The science does not back up the claim on Roundup and never has, but juries aren't too bright.Mothra said:
I find the allegation that it "was Mr. Kennedy's claim that glyphosate is carcinogenica position rejected by most health agencies that enabled him and other lawyers to land a $289 million judgment against Roundup maker Monsanto," very interesting.
So, presumably, he tried a case that got past the dismissal stage, and then the summary judgment stage, went to a jury, and that jury decided, based on a qualified expert(s)' testimony, that glyphosate is carcinogenica, and then was appealed, and affirmed, although the jury award was reduced (which happens all the time).
That would suggest the case wasn't frivolous in the least, and apparently had a pretty solid factual and legal basis.
Whoops. Have another theory?
Talk to farmers and groundskeepers. They will tell you there is a problem if you use glyphosate a lot. Occasional home users, not so much.