The Challenge with Glyphosate Litigation
Despite the clear science behind the safety and benefits of Roundup, the litigation industry has identified Roundup as its latest in a long list of targets.
It is spending millions and making billions suing the most widely tested herbicide in the world – and the impact will be felt by farmers and everyday Americans.
The litigation industry has fueled thousands of lawsuits by spending millions in marketing and advertising to recruit and accumulate plaintiffs. An Institute for Legal Reform (ILR) report looking at the size of the litigation industry found that costs and compensation in the U.S. tort system amounted to $443 billion in 2020, equivalent to 2.1 percent of U.S. GDP, with only 53 cents of every dollar paid in the tort system going to claimants while the rest went to litigation costs and other expenses.1
Costs and compensation in the U.S. tort system amounted to $443 billion in 2020, equivalent to 2.1 percent of U.S. GDP, with only 53 cents of every dollar paid in the tort system going to claimants.
The litigation industry also engages in third-party litigation funding (TPLF). According to ILR2, TPLF allows hedge funds and other financiers to invest in lawsuits in return for a portion of any settlement or judgment. These agreements often lack mandatory disclosure, meaning judges, defendants, and even plaintiffs may be unaware of a hidden third party's financial interest and profit expectations in the case. The absence of safeguards surrounding TPLF could pose significant national security risks, undermining American economic security.
The litigation industry often relies on junk science to try to mislead juries, while seeking to keep the full scope of relevant evidence and scientific information out of court. When the whole story is not told, billions of dollars are diverted to the litigation industry – funds that could have been invested in expanding leading R&D programs and other essential tools that benefit both farmers and society.
References
1. U.S. Chamber of Commerce Institute of Legal Reform: Tort Costs in America: An Empirical Analysis of Costs and Compensation of the U.S. Tort System: https://instituteforlegalreform.com/research/tort-costs-in-america-an-empirical-analysis-of-costs-and-compensation-of-the-u-s-tort-system/
2. U.S. Chamber of Commerce Institute of Legal Reform: What You Need to Know About Third Party Litigation Funding: https://instituteforlegalreform.com/what-you-need-to-know-about-third-party-litigation-funding/
