Kemner v. Monsanto Co.

I cannot subscribe to what I deem to be an illogical approach by my colleagues to reach a desired policy result. The main opinion, with only a belated allusion to Pedrick, reverses outright, delivering the crowning blow to SVz years of tireless, dedicated work by the trial judge, court personnel, and the jurors who heard a truckload of evidence, deliberated for eight weeks, and then rendered verdicts which were confirmed in post-trial procedures.

The main opinion alludes to the quantity of evidence (some 91,555 pages of transcribed proceedings and 6,333 exhibits) and then dismisses it all,…