Connect with us

Hi, what are you looking for?

The Savage DiaryThe Savage Diary


Bayer defeats Merck in lawsuit over talc liabilities – One America News Network

By Jonathan Stempel

(Reuters) -A Delaware judge on Monday dismissed Merck & Co’s lawsuit seeking to hold Bayer AG responsible for more talc-related liabilities stemming from its $14.2 billion purchase of Merck’s consumer care business in 2014.

Vice Chancellor Nathan Cook of the Delaware Chancery Court said the purchase agreement “clearly and unambiguously” left Merck liable for claims related to products, including Dr. Scholl’s foot powder, sold before the transaction closed.

The companies face potentially billions of dollars of liability from lawsuits by consumers alleging that asbestos contained in talc-based products such as Dr. Scholl’s caused cancer.

Merck claimed that its liability ended on Oct. 1, 2021, seven years after the transaction closed, and sued Bayer after the German company refused to assume liability.

But the judge called Bayer’s interpretation of the purchase agreement “the only reasonable one,” and said letting Merck “dump” cases would give the Rahway, New Jersey-based company an incentive to prolong or stall lawsuits.

“Nothing in the (agreement) indicates that the parties intended Bayer to assume liability for all of Merck’s actions for the period during which it formulated, marketed, and sold the products” at issue, Cook wrote in a 37-page decision.

Merck said it was disappointed with the decision and planned to appeal. Bayer did not immediately respond to a request for comment.

Advertisement. Scroll to continue reading.

The $14.2 billion purchase also included Merck’s Claritin allergy medicine and Coppertone sunscreen lines.

Bayer separately inherited liability for litigation over whether the weedkiller Roundup causes cancer when it spent $63 billion in 2018 to buy Monsanto.

In June 2020, Bayer agreed to settle much of that litigation for $10.9 billion. As of February 2023, about 109,000 of the 154,000 claims it faced had been settled or deemed ineligible.

The case is Merck & Co v. Bayer AG, Delaware Chancery Court, No. 2021-0838.

(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot and Jonathan Oatis)






You May Also Like


First graders arrive with goodie bags for their first introductory day to school during the coronavirus pandemic on August 13, 2020 in Oberpleis near...


GOP War RoomMon, September 25, 2023 6:33pmURL:Embed:Comments made on 9/25/24 Advertisement


People standing near a Ukrainian national flag watch as dark smoke billows following an air strike in the western Ukrainian city of Lviv, on...


OAN’s John Hines2:00 PM – Monday, September 25, 2023 Executive Director of the C02 Coalition, Gregory Wrightstone, says global warming activists are pushing the...


(Photo by NICHOLAS KAMM/AFP via Getty Images) OAN’s James Meyers1:03 PM – Monday, September 25, 2023 The United States has established a new partnership with...


GOP War RoomMon, September 25, 2023 3:22pmURL:Embed:Comments made on 9/24/23 Advertisement


GOP War RoomMon, September 25, 2023 3:20pmURL:Embed:Comments made on 9/24/23 Advertisement


GOP War RoomMon, September 25, 2023 3:19pmURL:Embed:Comments made on 9/25/24 Advertisement