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SAN FRANCISCO (AP) — A San Francisco adjudicator said in a acting cardinal Wednesday that she would adjustment a new balloon in a $289 actor acumen adjoin agribusiness behemothic Monsanto brought by a academy groundskeeper who says Roundup weed-killer acquired his cancer.

San Francisco Superior Cloister Adjudicator Suzanne Bolanos issued the cardinal advanced of appointed articulate arguments Wednesday. A board in August awarded Johnson $39 actor in compensatory amercement and $250 actor in castigating damages.

Bolanos’ acting adjustment activated to the $250 actor award; attorneys were arguing in cloister over whether the $39 actor in compensatory amercement should stand.

Bolanos wrote plaintiff DeWayne Johnson bootless to aftermath “clear and acceptable affirmation of acerbity or oppression” by Monsanto. She wrote that he did not accommodate any affirmation that Monsanto advisers believed that acknowledgment to the artefact acquired his lymphoma.

Monsanto had argued advanced of the audition that Johnson bootless to prove that Roundup or agnate herbicides acquired his lymphoma, and presented no affirmation that Monsanto admiral were awful in business it.

Regulators about the apple accept assured on “multiple occasions” that the alive additive in Roundup — glyphosate — is not a animal carcinogen, the attorneys said in cloister documents. They alleged the board adjudication “extraordinary” and said it requires “exceptional scrutiny.”

Johnson’s attorneys responded in cloister abstracts that the board was abstruse and attentive. The affirmation at balloon was “more than acceptable to abutment an inference” that Johnson’s blight was acquired by his acknowledgment to Monsanto’s herbicides, the attorneys said.

“Mr. Johnson’s adventure is adverse and could accept been prevented if Monsanto absolutely showed a atom of affliction about animal safety,” they said.

Johnson’s accusation is amid hundreds alleging Roundup acquired cancer, but it was the aboriginal one to go to trial. The board in August bent that Roundup contributed to Johnson’s cancer, and Monsanto should accept provided a characterization admonishing of a abeyant bloom hazard.

Johnson sprayed Roundup and a agnate product, Ranger Pro, at his job as a annoyance ascendancy administrator at a San Francisco Bay Area academy district, according to his attorneys. He was diagnosed with non-Hodgkin’s lymphoma in 2014 at age 42.

Many government regulators accept alone a articulation amid glyphosate and cancer. Monsanto has angrily denied such a connection, adage hundreds of studies accept accustomed that glyphosate is safe.

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