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court-appointed mediator for
the settlement talks, said he
continues to be “cautiously op-
timistic that an accord can be
reached” but called it “prema-
ture” to say any final agree-
ment has been achieved.
A spokesman for Bayer said,
“Mediation discussions con-
tinue in good faith under a
court order requiring confiden-
tiality, and the company cannot
comment on speculation about
outcomes, timing or progress.”
The company has defended
the popular weedkiller, noting
that multiple regulators, in-
cluding the U.S. Environmental
Protection Agency, have said it
is safe. The company lost its
first three jury trials, all of
which it is appealing.
The major firms that have
agreed to terms are Andrus
Wagstaff PC, Baum Hedlund
Aristei & Goldman PC, Moore
Law Group PLLC, Weitz & Lux-
enberg PC, the Miller Firm PC
and Lundy, Lundy, Soileau &
South LLP. Those companies
have either won big verdicts
against Bayer, have trials up-
coming or have large invento-
ries of cases, giving them sig-
nificant leverage.
Bayer inherited tens of
thousands of lawsuits with its
2018 takeover of Monsanto
Co., the maker of Roundup.
Bayer may still struggle to
achieve finality in the case, es-
pecially given that the product
remains on store shelves. Some
law firms representing thou-
sands of plaintiffs remain un-
happy with the terms offered
so far, saying it favors the lead-
ing firms over others. It is un-
clear if this complaint would be
enough reason for them to re-
ject the certainty offered by a
settlement versus going to trial.
BayerAG has agreed on
draft settlement terms with
half a dozen law firms repre-
senting tens of thousands of
plaintiffs alleging that the
company’s Roundup weedkiller
causes cancer, pushing the liti-
gation closer to a final resolu-
tion, according to people fa-
miliar with the matter.
The six big firms speak on
behalf of dozens of firms that
represent a large chunk of the
plaintiffs suing Bayer, the people
said. Bayer is striving to find a
way to both keep Roundup on
consumer shelves and end litiga-
tion that significantly damaged
its share price following the loss
of three jury trials in the U.S.
For weeks, Bayer and plain-
tiffs attorneys have been dis-
cussing a settlement in the
$10 billion range, The Wall
Street Journal has reported,
citing people familiar with the
matter. One person said the
deal still appears poised to
end up around that number,
though the people cautioned
that a formal deal hasn’t been
signed and could yet fall apart.
Bayer has said that protect-
ing itself from future litigation
is a condition of any settlement.
The parties could reach a fi-
nal agreement in the coming
weeks, the people said. That
would help Bayer appease anx-
ious shareholders in advance
of its annual meeting in late
April. A first deal with plaintiff
lawyers would relieve the Ger-
man chemicals and pharma-
ceuticals company of a major
headache as it is under grow-
ing pressure to reach a settle-
ment to appease investors.
Kenneth Feinberg, the
BYLAURAKUSISTO
ANDJACOBBUNGE
Bayer Moves
Closer to a
Settlement
“Cancer victims have to be
treated the same and if they’re
not we’re ready, willing and
fully motivated to go to trial,”
said Majed Nachawati, a Dal-
las-based attorney represent-
ing more than 4,000 claimants.
Jim Onder, senior member
of the St. Louis-based Onder
Law Firm, said Bayer has yet
to offer satisfactory settlement
terms to tens of thousands of
plaintiffs, including more than
22,000 clients represented by
his firm. “We have a series of
cases set to go to trial begin-
ning in June 2020,” he said.
Bayer and the plaintiff attor-
neys are under growing pres-
sure to reach a deal. California
U.S. District Judge Vince
Chhabria, who is overseeing the
consolidated cases, on March 5
granted the parties a 35-day ex-
tension suspending deadlines
on the litigation so they can fo-
cus on settlement talks.
Tom Claps, an analyst at
Susquehanna Financial Group,
said that means that if the par-
ties don’t reach a deal by mid-
April, they would begin moving
forward on the litigation. “We’re
getting to that point where there
has to be some movement on the
settlement front or the judge is
going to push forward,” he said.
Bayer executives have in-
sisted they are under no pres-
sure to settle unless they can
achieve a lasting deal for the
right price.
—Ruth Bender
contributed to this article.
Bayer has defended the weedkiller Roundup, noting that regulators, including the Environmental Protection Agency, have said it is safe.
JOSH EDELSON/AFP/GETTY IMAGES
WASHINGTON—The Penta-
gon’s star-crossed JEDI cloud-
computing project has taken
yet another turn, raising the
potential for further delays.
A federal judge already has
halted work on the Joint En-
terprise Defense Infrastructure
over allegations of contract ir-
regularities. Now, the Penta-
gon is seeking a halt to court
proceedings, saying it wants
time to rethink some aspects
of the project.
The Pentagon awarded the
contract, expected to be worth
up to $10 billion over a de-
cade, to MicrosoftCorp.—
triggering a lawsuit challeng-
ing the decision by rival
bidderAmazon.comInc.
The Pentagon’s move to
pause the court proceedings
opens the door to possible
changes in the deal.
Lawyers for Amazon plan to
oppose the move, according to
court documents filed this
week by the Department of
Defense as part of its move to
pause court proceedings. Ama-
zon is worried that it might
ultimately serve only to allow
the Pentagon to shore up its
case for letting Microsoft pro-
ceed with the contract.
Amazon said it was pleased
by what it said was the De-
fense Department’s acknowl-
edgment that the contracting
process was flawed.
Meanwhile, the Pentagon’s
proposed reconsideration of
parts of the contract repre-
sents the latest in a series of
complications and delays for
the controversial JEDI project,
which has been in develop-
ment since at least 2017.
Amazon’s cloud unit, Ama-
zon Web Services was long
considered the favorite to win
the contract, but lost out to
Microsoft in a decision that
Amazon contends was tainted
by influence from President
Trump. In response to Ama-
zon’s bid protest, a judge de-
cided last month to halt work
on the project.
BYJOHND.MCKINNON
Another
Hurdle
For JEDI
Project
immigrant labor and from law-
makers in districts with large
immigrant populations.
This year, lawmakers
reached a compromise that
hands Mr. DeSantis a partial
victory, but appeases the con-
cerns of some opponents.
Though the GOP governor
had pushed for a bill that
would require all employers to
use E-Verify, lawmakers weak-
ened it—in part to appease
House members, including Re-
publican Speaker José Oliva,
uncomfortable with some en-
forcement provisions. The ver-
sion passed by lawmakers
would mandate E-Verify only
for public employers and com-
panies that contract with them.
Private employers would
have a choice either to use E-
Verify or rely on I-9 employ-
ment authorization forms al-
ready required for businesses.
Advocates of stronger immi-
gration enforcement said the
bill didn’t go far enough.
“A better way to start with
state-based E-Verify legisla-
tion is to start with requiring
state agencies and contractors
or certain industries to use it
and build on that,” said Jes-
sica M. Vaughan, director of
policy studies for the Center
for Immigration Studies, a
group arguing for lower levels
of immigration. “But you can’t
give employers the choice.”
The current version stripped
out controversial aspects in an
earlier iteration. They included a
provision allowing the state’s
economic-development office to
conduct random audits of em-
ployment files of firms that
don’t use E-Verify. Business
groups assailed those parts of
the bill as empowering a state
agency to become an arm of fed-
eral immigration authorities. Un-
der the current bill, private em-
ployers face just an additional
paperwork rule: To retain for at
least three years the documenta-
tion workers provide as part of
the I-9 verification process.
“They didn’t get everything
they wanted, but they were still
able to pass legislation that un-
dermines business and scape-
goats immigrants,” said Ali
Noorani, executive director of
the National Immigration Fo-
rum, which works with busi-
nesses that support liberalized
immigration legislation.
MIAMI—Florida lawmakers
passed a bill late Thursday
that requires some employers
to use the federal E-Verify sys-
tem to check the immigration
status of new hires, but
doesn’t include the strict en-
forcement provisions for which
conservatives had advocated.
The measure comes in a
presidential election year in
which President Trump is ex-
pected to campaign in part on
his aggressive crackdown on il-
legal immigration. Florida,
which has a large immigrant
population, but also a Republi-
can base animated by opposi-
tion to illegal immigration, will
likely be a key battleground.
The bill passed the Florida
Senate 23-17, after clearing the
state House 73-45 a day ear-
lier. It is now headed to Re-
publican Gov. Ron DeSantis, an
ally of Mr. Trump who is ex-
pected to sign it.
The bill would make Florida
the 21st state to require use of
the federal E-Verify program,
an electronic government data-
base that checks whether new
hires are eligible to work in the
U.S., according to LawLogix, a
software company that special-
izes in immigration compliance.
While employers praised
lawmakers for removing the
bill’s most stringent enforce-
ment provisions, some still crit-
icized the state for passing any
version of an E-Verify bill. They
argued immigration legislation
should be handled by Congress,
not by individual states that
thereby create an inconsistent
patchwork for companies.
Paul DiMare, president of
DiMare Fresh, a large tomato
grower in Florida, said he al-
ready struggles to fill jobs, 30%
to 40% of which are vacant at
his company. An E-Verify mea-
sure will make it even harder
by scaring away workers, he
added. “As soon as you put in
E-Verify, they will move to an-
other state,” he said. “It’s a de-
struction of our businesses.”
E-Verify legislation has
failed repeatedly in Florida in
recent years. It has faced strong
opposition from business and
agricultural groups that rely on
BYARIANCAMPO-FLORES
ANDALEJANDROLAZO
Florida Legislature Passes
A Weakened E-Verify Bill
Gov. Ron DeSantis is expected to sign E-Verify legislation.
WILFREDO LEE/ASSOCIATED PRESS
The state would be
the 21st to require
use of the federal
program.
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French Art de Vivre
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