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This case was last updated from PACER on 06/13/2021 at 07:29:29 (UTC).

Alassaf v. Monsanto Company

Case Summary

On April 14, 2021, Fouzan Alassaf (“Plaintiff”) represented by Jason Alon Ott of Dailey Law Firm, PC filed a personal injury lawsuit against Defendants Monsanto Company (“Monsanto” or “Defendant”) seeking compensatory, punitive and economic damages for allegedly manufacturing and selling dangerous product through its herbicide Roundup without ensuring necessary safeguards. This case was filed in the U.S. District Court for the Northern District of Illinois with Judge Charles P. Kocaras presiding. 

 

The Plaintiff asserted that Defendant Monsanto discovered the herbicidal properties of glyphosate during the 1970’s and subsequently began to design, research, manufacture, sell, and distribute glyphosate-based Roundup as a broad-spectrum herbicide. Glyphosate is a "non-selective" herbicide, meaning it kills indiscriminately based only on whether a given organism produces a specific enzyme, known as EPSP synthase.

 

In the complaint, the Plaintiff alleged that “The manufacture, formulation and distribution of herbicides, such as Roundup, are regulated under the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. § 136 et seq. FIFRA requires that all pesticides be registered with the Environmental Protection Agency ("EPA") prior to their distribution, sale, or use, except as described by FIFRA 7 U.S.C. 136a(a). The EPA completed its review of glyphosate in early 2015. It observed that in addition to the toxicity of the active molecule, many studies support the hypothesis that glyphosate formulations found in Defendant Monsanto's Roundup products are more dangerous and toxic than glyphosate alone. As early as 1991, evidence existed demonstrating that glyphosate formulations were significantly more toxic than glyphosate alone.”

 

The Plaintiff further alleged that “Defendant Monsanto knew or should have known that tests limited to Roundup's active ingredient glyphosate were insufficient to prove the safety of Roundup. Monsanto further failed to appropriately and adequately test Roundup, Roundup's adjuvants and ‘inert’ ingredients, and/or the surfactant POEA to protect Fouzan Alassaf from Roundup. In spite of this knowledge, Defendant Monsanto continued to issue broad and sweeping statements suggesting that Roundup was, and is, safer than ordinary household items such as table salt, despite a lack of scientific support for the accuracy and validity of these statements and, in fact, voluminous evidence to the contrary.” “As a direct and proximate result of Defendant’s wrongful acts and omissions, Fouzan Alassaf suffered from non-Hodgkin's lymphoma (NHL) and severe and permanent physical and emotional injuries, pain and suffering, and economic loss (including significant expenses for medical care and treatment).”

 

There are seven claims for relief laid down by the Plaintiff. The first claim is for strict products liability due to an alleged design defect. The second claim is for strict products liability due to an alleged failure to warn. The third claim is for alleged negligence, alleged gross negligence, and alleged personal injury. The fourth claim is for alleged fraudulent concealment. The fifth claim is for alleged fraud, alleged misrepresentation and alleged silent fraud as Monsanto represented to the general public, including Fouzan Alassaf, that its Roundup products were safe to use for their intended purposes. The sixth claim for relief is for the alleged breach of express warranty. The seventh claim is for the alleged breach of implied warranty. 

 

In the prayer for relief, the Plaintiff has requested the Court to award compensatory damages for the past and future damages, including but not limited to pain, suffering, emotional distress, loss of enjoyment of life, severe and permanent personal injuries sustained by Plaintiff including health care costs and economic loss, as well as punitive damages for Monsanto’s conduct, and other reasonable costs. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01995

  • Filing Date:

    04/14/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Northern District

Judge Details

Presiding Judge

Charles P. Kocoras

 

Party Details

Plaintiff

Fouzan Alassaf

Defendant

MONSANTO COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

Jason Alan Ott

Attorney at Dailey Law Firm, PC

30 N. Lasalle, #3200

Chicago, IL 60602

 

Court Documents

#4

(#4) TRANSFERRED to the USDC Northern District of California the electronic record. (mc, ) (Entered: 05/11/2021)

#3

(#3) CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Northern District of California. Mailed notice(mc, ) (Entered: 05/11/2021)

#2

(#2) MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 6/3/2021 at 10:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) (Entered: 05/03/2021)

1 #2

Civil Cover Sheet Civil Cover Sheet

1 #1

Exhibit Attorney Appearance

#1

(#1) COMPLAINT filed by Fouzan Alassaf; jury demand. Filing fee $ 402, receipt number 0752-18124052. (Attachments: #1 Exhibit Attorney Appearance, #2 Civil Cover Sheet Civil Cover Sheet)(Ott, Jason) (Entered: 04/14/2021)

 

Docket Entries

  • 05/13/2021
  • DocketELECTRONIC Acknowledgement of case transferred to the California Northern District as case 3:21-cv-03582, filed 05/13/2021. (ph, ) (Entered: 05/13/2021)

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  • 05/11/2021
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  • Docket(#4) TRANSFERRED to the USDC Northern District of California the electronic record. (mc, ) (Entered: 05/11/2021)

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  • 05/10/2021
  • Docket***Civil Case Terminated. (mc, ) (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#3) CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Northern District of California. Mailed notice(mc, ) (Entered: 05/11/2021)

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  • 05/03/2021
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  • Docket(#2) MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 6/3/2021 at 10:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) (Entered: 05/03/2021)

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  • 04/29/2021
  • DocketSUMMONS Issued as to Defendant Monsanto Company (crl, ) (Entered: 04/29/2021)

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  • 04/14/2021
  • DocketCASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (exr, ) (Entered: 04/14/2021)

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  • 04/14/2021
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  • Docket(#1) COMPLAINT filed by Fouzan Alassaf; jury demand. Filing fee $ 402, receipt number 0752-18124052. (Attachments: #1 Exhibit Attorney Appearance, #2 Civil Cover Sheet Civil Cover Sheet)(Ott, Jason) (Entered: 04/14/2021)

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