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Old August 13, 2018   #18
seaeagle
Tomatovillian™
 
Join Date: Oct 2014
Location: virginia
Posts: 733
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Quote:
Originally Posted by GrowingCoastal View Post
"CBS says Johnson was allowed to go first because of the advanced stage of his disease and the possibility he may not live to see a verdict."

And CBS is exactly correct. That is the reason this case went first.



According to CNN, "Johnson's case is the first to go to trial because, his doctors claim in court filings, he is nearing death. And in California, dying plaintiffs can be granted expedited trials."


This made it easier to move past Monsanto's stalling tactics. If you look at section 36 D of this California code you will see this:


(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.






This is the main reason the first trial was held in California. The fact that it was in friendly territory was just an added bonus. The next case is in St Louis I think which is headquarters of Monsanto. So I guess Monsanto will have home field advantage in this trial.

Last edited by seaeagle; August 13, 2018 at 01:22 PM.
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