This case was last updated from U.S. District Courts on 11/13/2021 at 08:23:23 (UTC).

Roland et al v. Chevron U.S.A. Inc. et al

Case Summary

On September, 14, 2021 Roland J. Perry and Debra Perry (“Plaintiffs”), represented by Bradley H. Weidenhammer, Leslie M. Smith, Ragan Naresh and Rebecca C. Fitzpatrick of Kirkland & Ellis LLP; Jihan E. Walker of Jones Day; Julia Ann Merritt of Beasley Allen Law Firm; Khaldoun A. Baghdadi of Walkup, Melodia, Kelly & Schoenberger; Megan Ann Scheiderer of Husch Blackwell LLP; Michael J. Nester of Donovan Rose Nester, P.C.; Peter J. Flowers of Meyers & Flowers, LLC; and Sarah Shoemake Doles of Carey Danis & Lowe, filed a product liability lawsuit against Syngenta Crop Protection LLC (“SCPLLC”), Syngenta Ag (“SAG”) and Chevron U.S.A. Inc. (collectively, “Defendants”), seeking compensatory damages for personal injuries allegedly caused by the Defendants. This case was filed in U.S. District Court in the Southern District of Illinois with Judge Nancy J. Rosenstengel presiding.

The Complaint purports to assert a cause of action by Plaintiff against Defendants to recover damages for personal injuries allegedly resulting from Plaintiff’s exposure to paraquat over many years in Alabama.

In the complaint, the Plaintiffs alleged that, “As a direct and proximate result of the defective and unreasonably dangerous condition of the paraquat manufactured, distributed, and sold by SCPLLC, SAG, their corporate predecessors, and others with whom they acted in concert, Plaintiff developed PD; has suffered severe and permanent physical pain, mental anguish, and disability, and will continue to do sofor the remainder of the Plaintiff’s life; has suffered the loss of a normal life and will continue to do so for the remainder of the Plaintiff’s life.”

The Plaintiffs also alleged that, “As a direct and proximate result of the lack of adequate directions for the use of and warnings about the dangers of the paraquat manufactured, distributed and sold by SCPLLC, SAG, their corporate predecessors, and others with whom they acted in concert, Plaintiff developed PD; has suffered severe and permanent physical pain, mental anguish, and disability, and will continue to do so for the remainder of the Plaintiff’s life.”

Further, the Plaintiffs alleged that, “As a direct and proximate result of the negligence of SCPLLC, SAG, their corporate predecessors, and others with whom they acted in concert, Plaintiff developed PD; has suffered severe and permanent physical pain, mental anguish, and disability, and will continue to do sofor the remainder of the Plaintiff’s life; has suffered the loss of a normal life and will continue to do so for the remainder of the Plaintiff’s life.”

There are nine claims for relief laid down by the Plaintiffs. The first and fifth claims alleged are for strict product liability for personal injuries caused due to design defects against SCPLLC and SAG and Chevron U.S.A. Inc. respectively; the second and sixth claims alleged are for strict product liability for personal injuries caused due to failure to warn against SCPLLC and SAG and Chevron U.S.A. Inc. respectively; the third and seventh claims alleged are for negligence against SCPLLC, SAG and Chevron U.S.A. Inc. respectively; the fourth and eight claims alleged are for breach of express and implied warranty of merchantability against SCPLLC and SAG and Chevron U.S.A. Inc. respectively; and the ninth claim alleged is for loss of consortium.

In the prayer for relief, the Plaintiffs have requested the Court to enter judgment in the Plaintiffs’ favor and against Defendants, jointly and severally, for compensatory damages, costs, pre- and post-judgment interest, attorneys’ fees, punitive damages and for such further relief to which the Plaintiffs may show themselves to be entitled.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-PQ-01136

  • Filing Date:

    09/14/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Nancy J. Rosenstengel

 

Party Details

Plaintiffs

Roland Perry

Debra Perry

Perry Roland

Debra Roland

Defendants

Chevron U.S.A. Inc.

Syngenta AG

Syngenta Crop Protection LLC

Special Master

Randi Ellis

Attorney/Law Firm Details

Plaintiff Attorneys

Khaldoun A. Baghdadi

Attorney at Walkup, Melodia, Kelly & Schoenberger

650 California Street, 26Th Floor

San Francisco, CA 94108

Peter J. Flowers

Attorney at Meyers & Flowers, LLC

225 West Wacker Drive, Suite 1515

Chicago, IL 60606

Sarah Shoemake Doles

Attorney at Carey Danis & Lowe - St. Louis

8235 Forsyth Boulevard, Suite 1100

St. Louis, MO 63105

Julia Ann Merritt

Attorney at Beasley Allen et al - AL

218 Commerce Street

Montgomery, AL 36104

Defendant Attorneys

Jihan E. Walker

Attorney at Jones Day - Chicago

77 West Wacker Drive, Suite 3500

Chicago, IL 60601

Megan Ann Scheiderer

Attorney at Husch Blackwell LLP - Kansas City

4801 Main Street, Suite 1000

Kansas City, MO 64112

Leslie M. Smith

Attorney at Kirkland & Ellis LLP - Chicago

300 N. Lasalle Street

Chicago, IL 60654

Bradley H. Weidenhammer

Attorney at Kirkland & Ellis LLP - Chicago

300 North Lasalle

Chicago, IL 60654

Michael J. Nester

Attorney at Donovan Rose Nester, P.C.

15 North First Street, Suite A

Belleville, IL 62220

Ragan Naresh

Attorney at Kirkland & Ellis - Washington DC

1301 Pennsylvania Ave. N.W.

Washington, DC 20004

Rebecca C. Fitzpatrick

Attorney at Kirkland & Ellis LLP - Chicago

300 North Lasalle

Chicago, IL 60654

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

1 #2

Summons Chevron U.S.A.

1 #3

Summons Syngenta AG

1 #4

Summons Syngenta Crop Protection

#3

(#3) Summons Issued as to Chevron U.S.A. Inc., Syngenta AG, Syngenta Crop Protection LLC. Original summons mailed to Attorney Merritt. (lmb) (Entered: 09/15/2021)

#4

(#4) AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Merritt, Julia) (Entered: 09/30/2021)

5 #5

Main Document

5 #1

Exhibit Proof of Service

6 #6

Main Document

6 #1

Exhibit Proof of Service

#7

(#7) AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Merritt, Julia) (Entered: 11/04/2021)

 

Docket Entries

  • 11/04/2021
  • View Court Documents
  • Docket(#7) AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Merritt, Julia) (Entered: 11/04/2021)

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  • 10/14/2021
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  • Docket(#6) SUMMONS Returned Executed by All Plaintiffs. Chevron U.S.A. Inc. served on 10/6/2021, answer due 10/27/2021. (Attachments: #1 Exhibit Proof of Service)(Merritt, Julia) (Entered: 10/14/2021)

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  • 10/13/2021
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  • Docket(#5) SUMMONS Returned Executed by All Plaintiffs. Syngenta Crop Protection LLC served on 10/11/2021, answer due 11/1/2021. (Attachments: #1 Exhibit Proof of Service)(Merritt, Julia) (Entered: 10/13/2021)

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  • 09/30/2021
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  • Docket(#4) AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Merritt, Julia) (Entered: 09/30/2021)

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  • 09/15/2021
  • View Court Documents
  • Docket(#3) Summons Issued as to Chevron U.S.A. Inc., Syngenta AG, Syngenta Crop Protection LLC. Original summons mailed to Attorney Merritt. (lmb) (Entered: 09/15/2021)

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  • 09/14/2021
  • Docket(#2) Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 21-pq-1136-NJR. (jlrr) (Entered: 09/14/2021)

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  • 09/14/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4582456.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons Chevron U.S.A., #3 Summons Syngenta AG, #4 Summons Syngenta Crop Protection)(Merritt, Julia) (Entered: 09/14/2021)

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