With several additional Roundup trials in St. Louis set for next year, the outcome of this trial could have a significant ripple effect. How can Bayer/Monsanto be sued in state court? In January 2015, 5 years after his 10-year occupational Roundup exposure, Wyatt was diagnosed with Chronic Lymphocytic Leukemia. Sheltons lawyer concluded his case last week. Bayer hoped to create a split in the circuit courts to compel the Supreme Court to hear the case. We explain below why the recent Roundup losses are misleading. The Roundup settlement wont be admissible in future cases. "name": "What is the average payout for a Roundup lawsuit? Hopefully, this is a precursor to Bayer offering reasonable settlement payouts to the remaining victims to resolve the remaining glyphosate lawsuits. This will be the first Roundup case to go to trial in Saint Louis County Circuit Court, an urban venue that is not kind to corporate defendants. Each point in the settlement is worth a certain amount of money. Hopefully, Bayer will come back with larger settlement offers this year to resolve more of these remaining claims. The last case I referred to them settled for $1.2 million. September 2, 2022 Update: It is not fun reporting on the losses. The take-home message is that newly diagnosed cancer cases from Roundup are viable claims even after this global settlement. Judge Chhabria clearly stated that he was not willing to approve the current draft of the settlement and he suggested that the parties go back and make some adjustments. A research article published in the International Journal of Environmental Research and Public Health focuses on systematic reviews and analysis of over 30 years of research on the relationship between NHL and occupational exposure to an agricultural pesticide. Defense lawyers briefly cross-examined both plaintiffs and focused primarily on the point that none of their doctors even told them that Roundup was the cause of their lymphoma. The next Roundup trial started in California state court this week. The process takes too long.
The trial judge held a hearing (without the jury) on these motions on Friday. February 3, 2023: The Griswold Roundup lawsuit will begin on Monday in St. Louis before Judge Michael Mullen in the 22nd Judicial Circuit of Missouri. But our Roundup lawyers continue to get calls from victims every day. The possibility of continuing Roundup liabilities with no end in sight continues to be a significant problem for Bayer. 6 comments 1 share. Yesterday, the Supreme Court was poised to reject Bayers appeal, and instead, it took no action on Bayers effort to dismiss thousands of Roundup cancer lawsuits. In response, Monsanto/Bayer has trotted out Dr. Donna Farmer. The most important concession from Mr. Grant was that Monsanto never bothered to do their own tests to see if there was a connection between Roundup and NHL or CLL. The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. But that trial never happened. (Yes, it is taking too long.). Personal injury lawyers handling serious personal injury truck and auto accident, medical malpractice and products liability cases throughout the United States. Under the arrangement, anyone in this class would have access to free medical exams and could receive $200,000 in compensation if they are diagnosed with non-Hodgkin lymphoma in the future. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. April 13, 2022 Update: Bayer does not appear to be willing to let another Roundup lawsuit go to trial if the plaintiff has a reasonable claim. More recently, however, Bayer has achieved defense victories in 5 state court Roundup trials in a row. Bayer is not settling cases. A loss any loss in a Roundup weed killer lawsuit hurts. At first, the science behind this was unclear. "text": " Many Roundup victims have already gotten their money. Dead wrong. Ten more Roundup trials are scheduled to begin around the country over the next few months. Bayer has accomplished this by negotiating block settlement arrangements with plaintiffs lawyers who have large numbers of cases in the litigation. If you are running Windows Server 2012 R2, this update will appear as a required update in Windows Update as . Monsanto earned $15 billion in annual sales in 2015, and paid its CEO nearly $12 million last year. The Biden Administration does not support Bayers appeal. The payout is not large. Bayer sought summary judgment based on a version of its federal preemption argument. But there is still a federal Roundup class action lawsuit. May 11, 2022 Update: Big Bayer Monsanto news yesterday. This study was done by a team of researchers in Brazil who examined the impact of glyphosate exposure in laboratory rats. Judge Lysette Shirdon-Harris order effectively creates a mini Roundup class action lawsuit in Pennsylvania. CLL settlements have mostly been in the lower tiers. Only two of eleven studies given to EU regulators were found to be reliable. "@type": "Answer", The study tested urine samples from a group of participants designed to represent the U.S. population and found that 80% of the samples had trace amounts of glyphosate. Bayer has scored defense verdicts in the last few Roundup cases that went to trial in St. Louis. "@type": "Question", So there were trials set for as recently as November 2022 that were settled because, again, Bayer is writing settlement checks on good cases and letting the weaker cases that are harder to prove go to trial. The process takes too long. As of January 2022, Monsanto has reached settlement agreements in nearly 100,000 Roundup lawsuits. February 27, 2023: A professor at the State University of New York at Albany and a frequent expert witness for plaintiffs in several Roundup cases has been cleared and reinstated after Monsanto attempted to discredit him. Will that case go to a verdict? The goofy there is no other word thing about this case is that Bayer already settled with this plaintiff and, as a part of the settlement, required the plaintiffs to appeal the duty to warn claim against Bayer. 30,000 Roundup Cases Left and Counting Although these settlements account for nearly 80% of all . 1414. }}, Another interesting piece of Roundup news this month is whether Roundup will get pulled from the market because of the risks it causes to endangered species. They started off relying on unreliable data to prove their hypothesis, and when the evidence because clear, Monsanto stuck their heads in the sand. The MDL class action lawsuit is in a holding pattern. But the notion that the 11th Circuit ruling will be in their favor or that a positive ruling would be a game-changer seems wishful. To get the standalone package for Internet Explorer 11, search for KB4492872. In previous hearings, Judge Chhabria has expressed significant doubts about whether the science panel proposal was legally valid. The last Roundup trial in St. Louis ended in a defense verdict. Certainly, anyone using this product is potentially at risk. For more details about the updates for Windows 8.1 and Windows 8.1 RT, see What's new in Windows 8.1 Update and Windows RT 8.1 Update. In his filing earlier this week, Judge Chhabria cut right to the very heart of the issue on this in his last question: Why is it in the classs interest to agree in advance to the admission in future trials of the conclusions of a court-appointed independent science panel, given how well the trials have been going for plaintiffs without such a panel? Since 2015, Monsanto has spent more than $10.3 million in lobbying, developing advantageous relationships with political heads and bureaucrats that control agricultural policies and regulations. Ohio resident Gene Wyatt became one of the most recent plaintiffs in the ongoing Roundup litigation. Importantly, $250 million of that award was punitive damages. There will be more trials and more victories for plaintiffs. If you or a loved one has suffered an injury that is the result of the actions of another person, you have the See more 10,192 people like this ", Install this update to resolve issues in Windows. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. The plaintiffs have lost six in a row. This type of long tail tort liability can be a nightmare for publicly traded corporations like Bayer. July 4, 2022 Update: A unanimous Ninth Circuit panel told the EPA to reconsider its conclusion that the weedkiller Roundup is free from unreasonable risk to man or the environment. The court agreed with environmental and food safety advocates that the EPA did not fully consider whether Roundup causes cancer. Griswold v. Monsanto was supposed to go to trial this week, but the trial date was postponed to January 23, 2023. As of May 24, 2022, there is still no verdict in Shelton. Because the facts were not strong for the victims bringing the claims. The terms of the settlement are confidential, so we dont know what the amount of the settlement was. But it is hard to imagine a scenario where the Environmental Protection Agency which reviews a pesticide every 15 years will want to serve as police, judge, and jury on every lawsuit involving a pesticide. This settlement allowed the company to avoid a trial set to start this week in Kansas City. One way to evaluate the proposed settlement is to compare it to the status quo: plaintiffs continue to sue, and Monsanto continues to negotiate settlements with them. Bayer offers a Roundup settlement in some of these cases. an update on where things stand in the Roundup class action lawsuit in January 2023 (including updates from the last few trials), the likely direction the Roundup litigation will likely take moving forward, and, the expected future settlement amounts in the Bayer Roundup lawsuit (Phase 2). Judge Chhabria strongly suggested that Bayer could achieve this goal by agreeing to put very strong warning labels on Roundup. So our Roundup lawyers are still as bullish on the expected individual settlement amounts for Round Two of the Roundup lawsuits as we have ever been. This seems less like a question and more like a statement by Judge Chhabria as to why he may not approve the Roundup settlement. Published By Miller & Zois, Attorneys at Law, That pesticides cause health complications is hardly a surprise. But there may be something to it. That is one theory. This was wrong. If you have not yet brought a Roundup cancer lawsuit, can you bring one? But we all know the score. Why would it be in the interest of people exposed to Roundup before February 2021 to bind themselves to a fund and program that expires so quickly? At the top tier of the point, scale to determine Roundup settlement amounts are NHL lawsuits in which the plaintiffs had extensive exposure to Roundup (e.g., landscapers, agricultural workers, and others who used Roundup every day for years) and were diagnosed with non-Hodgkins lymphoma. In August, Bayer filed a petition for certiorari with the Supreme Court in the Hardeman appeal. The SCOTUS appeal is considered a legal long-shot, the odds of the court even agreeing to hear the case is small. No. This is the 4th Roundup trial and the first time Bayer has won a defense verdict. But the enemy of my enemy This Roundup lawsuit could also take another crack at the pre-trial discovery of what Bayer knew about the harm caused by this weed killer. Defendants in tort cases frequently filed these types of motions at the close of the plaintiffs case. I think Monsanto had a somewhat unique corporate resolve to ignore the evidence that Roundup causes NHL. Our Roundup lawyers believe new cases will probably have a much higher per-person settlement amount than the cases that settled. The same preemption argument was rejected by the 9th Circuit last year, and Bayers effort to appeal that rejection to the Supreme Court failed. The finding of this scientific panel would be fully binding on ALL future claimants and class members. On December 9, 2021, a Roundup trial resulted in another defense victory for Bayer after a jury in California ruled that the plaintiffs cancer was not caused by her years of Roundup use. But it is fair to say a settlement premium is paid for cases ripe for trial. Non-Hodgkin's Lymphoma (NHL) is a form of lymphatic system cancer linked to Roundup and glyphosate exposure. DirectX End-User Runtime Web Installer. The conventional wisdom is that Bayer must pay another $5 billion or more to settle the remaining 30,000 Roundup lawsuits. Roundup lawsuits are in state court in Missouri because Monsanto is based in Missouri. The verdict marks the sixth consecutive Monsanto victory after three huge defeats in the first three Roundup lawsuits. If you have come for the latest Bayer Roundup news, this page was revised with a new litigation and settlement Roundup lawsuit update on January 21, 2023. Monsanto hatched a plot to influence regulators and create outcry against IARCs decision. They got EPA employees to promise that glyphosate wasnt carcinogenic before the agency review. In December 2022, our Roundup NHL lawyers estimate 30,000 Roundup lawsuits are still pending. January 30, 2023: The Griswold trial has been pushed back to March 6th. Our Roundup lawyers are admittedly disheartened by the first loss in a prototypical Roundup case where the victim claims her non-Hodgkins lymphoma was caused by the pesticide. Monsanto Roundup & Dicamba Trial Tracker This blog by Carey Gillam closely tracked and reported the lawsuits involving Monsanto's glyphosate-based Roundup weed killer products from November 2018 through November 2021. ", It was set for trial in San Francisco last month. No one knows. At least four of the last five defense verdicts have been in cases where there we fundamental holes that the classic Monsanto Roundup NHL lawsuit does not have. The 9th Circuit already denied Bayers preemption argument, and the U.S. Supreme Court refused to hear the appeal. Had Bayer been honest about NHL and Roundup, plaintiffs claim they would have changed their investment decisions because of the cost the Roundup lawsuits have taken on the company. January 18, 2023: There are currently still 4,158 active cases pending in the Roundup class action MDL in the Northern District of California. The couple was also awarded another $55 million as compensation for their medical bills, pain and suffering, and other damages. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. There is a deeper backstory that will eventually come out of this. Cases specific factors such as type of cancer, treatment outcome, age of the victim, estimated earnings capacity, etc., are awarded point scores. Gentiles wife, Mary, also testified to tell the jury about the emotional toll that cancer has taken on her husband and family. Gentiles wife also took the stand to testify about the emotional toll that her husbands disease has had. Bayer has now announced that it will stop selling glyphosate-based Roundup to retail consumers beginning in 2023. But this is something to keep an eye on. Although Judge Chhabria punted on the request for preliminary approval at the hearing, he did seem to be slowly inching closer and gave the parties some suggestions on how to get to the finish line. Because that is what it does when the plaintiff has a strong case. Our law firm is taking calls from Roundup victims 24 hours a day. If you have a claim, call a lawyer today. The third trial ended in an eye-popping verdict of $2 billion for the plaintiff. In September 2003, researchers conducted a study of 3,400 farmworkers in the Midwest. The liability in the Roundup lawsuits that led to an $11 billion settlement is the primary cause. Wyatt alleges that he was regularly exposed to Roundup while using it as part of his job with the Ohio Department of Transportation in Washington Courthouse, Ohio, from 2001 to 2011. But we have no final resolution. These lawsuits also name as a defendant the chemical maker Nouryon which produces a key toxic element of Roundup. Microsoft Update Catalog. As the Roundup litigation continues to drag on in the courts, yet another study has been released showing that the ingredient in Roundup (glyphosate) is linked to increased cancer risks. He has had 5 recurrences and has endured all of the sufferings that come with that. "@type": "Answer", James Onder of Onder Law in St. Louis says his firm is proceeding with its inventory of 24,000 Roundup cases and criticized the settlement. He continued to use Roundup after his NHL diagnosis in 2007 because he did not know of the risk of NHL associated with Roundup. Why? The final plaintiff, Cheryl Davis, will testify before the plaintiffs are expected to close their case. "name": "When Will Roundup Victims Get Their Settlement Money? This marks Bayers fourth consecutive victory in a Roundup trial. Bayer won. In Germany, where class action lawsuits are rare, there is a new $1.1 billion lawsuit against Bayer making the same core complaint as Roundup victims: Bayer deceived plaintiffs about whether Roundup causes non-Hodgkins lymphoma. Product Negligence and Defective Design Lawyer | Personal Injury Attorney. But then, many scientific studies started suggesting that prolonged exposure to glyphosate (the active ingredient in Roundup) might cause non-Hodgkins lymphoma and other cancers. November 14, 2022: Yet another Roundup cancer trial in Missouri has ended with a defense verdict in favor of Monsanto. Obtaining the update. December 18, 2021 Update: On Monday, the Supreme Court asked the Biden administration to file a brief in this case expressing the views of the United States in Bayer/Monsantos appeal of a $25 million verdict in the Roundup lawsuits. If the Court understands the settlement correctly, it binds anyone exposed to Roundup before February 3, 2021 (assuming they do not opt out). The court ruled that the case was brought in St. Louis in violation of Missouris relatively new law to prevent forum shopping by plaintiffs. Dr. Braunstein testified for nearly seven hours, and a clip of video testimony from Dr. Marc Martens, a former Monsanto scientist followed him. It may take years or even decades for Roundup users to develop lymphoma. Last week, Bayer agreed to a settlement to resolve a group of Roundup lawsuits. Professor David Carpenter is an expert in environmental toxins. But it is only letting weak Roundup suits go to trial. It is just the most recent in a seemingly continuous stream of studies highlighting the potential harm of Roundup exposure. In his filing earlier this week, Judge Chhabria raised the following questions about this aspect of the settlement proposal: By far, the most contested aspect of the proposed Roundup settlement is the plan to create a scientific panel to study the evidence and issue a definitive finding as to whether or not Roundup causes cancer. Many Roundup victims have already gotten their money. These lawsuits seek partial refunds for the countless consumers who bought Roundup over the years. Our Roundup attorneys get calls and online contact forms from Roundup victims with NHL almost daily. Bayer contends that the FIFRA preempts state law failure to warn of the risk of cancer claims. The sad reality is that Bayer probably makes more money continuing to sell Roundup and just paying off new claims. }}, November 11, 2022 Update: Jury selection begins today in Langford v. Monsanto, the latest Roundup cancer case to go to trial. Bayer liked this case better and took it to trial. The problem with this weed killer is glyphosate, the main ingredient of this pesticide. As expected, the motion was denied. ", But it was not an unexpected win. Bayer settled the lawsuit at the last minute. December 27, 2022: The 11th Circuit recently agreed to an en banc review of a decision by a 3-judge panel which rejected Bayers federal preemption argument in the case of Carson v. Monsanto Co, 11th U.S. I still doubt it. St. Louis Law Firm Representing 24,000 Roundup Cancer Victims Rejects Bayer-Monsanto Settlement . Another trial in St. Louis involving claims that exposure to Roundup caused cancer has resulted in a disappointing defense verdict. Bayer has played the post-settlement well by offering reasonable settlement payouts for viable cases and getting some much-needed wins by letting weaker cases go to trial. Bayer has subsequently appealed that verdict arguing that the Roundup lawsuits should be legally precluded because federal regulators approved the product label on Roundup which did not contain a cancer warning. The corporation has been blamed for the perilous decline of Monarch butterflies and for PCB dumping in San Diego, among other allegations. Business Started Locally: Roundup ranked third for most-featured product, behind the heartburn drug Zantac and talcum powder, for which an estimated $37.9 million and $34.8 million were spent, respectively. As most of you know, glyphosate is the chemical in Roundup that has been named a human carcinogen. Bayer already appealed this issue to the U.S. Supreme Court, which declined to hear the appeal. Bayer has resisted this in the past. The plaintiffs allege that Nurionheadquartered in Radnor, Pennsylvaniaproduced a toxic ingredient in Roundup. That mentality would make it easier for Monsanto to get on with it and settle the remaining 30,000 Roundup lawsuits. For sure, Bayers lawyers will now think they now cracked the secret sauce to defend a Roundup NHL lawsuit. But another way to evaluate the proposed settlement is to compare it to other more conventional arrangements. April 29, 2022 Update: The Round MDL judge indicated that he is prepared to approve a proposed settlement of the Roundup consumer class action cases alleging that Monsanto illegally marketed Roundup without providing cancer warning labels. Most lawsuits have been filed in state court. August 9, 2022 Update: Another new Roundup trial started last week in St. Louis in the case of Alesi, et al. At the lower end of the tiers will be cases where the plaintiffs had less exposure (e.g., homeowners who did not use Roundup every day) and other types of lymphoma or cancers less directly linked to Roundup. It is easy to place too much significance on these recent defeats. There is still no verdict. The jury found that Roundup was a substantial factor in Dewayne Johnson's Non-Hodgkin lymphoma. Bayer agreed to a settlement amount between $23 million and $45 million to resolve a Roundup weed killer class action lawsuit that alleged that consumers have paid too much for Roundup because Bayer/Monsanto did not inform consumers of the cancer risk associated with this weed killer. If you are reading these updates, you must wonder how Bayer could not feel besieged and surrounded. This week, the Supreme Court is scheduled to decide whether to hear the appeal filed by Bayer seeking to reverse the course of the Roundup litigation. March 7, 2022 Update: There are now 4,005 cases remaining in the Roundup MDL. March 23, 2022 Update: Bayer has appealed another Roundup verdict to the U.S. Supreme Court. Many of these cases are pending settlement. Bayer/Monsanto reached an approximately $11 billion settlement with most plaintiffs. "text": " The average settlement payouts for Roundup lawsuits has been around $100,000 to $160,000. " This will be the first Roundup trial since the 3-plaintiff trial in St. Louis that Bayer won. October 19, 2022 Update: Another Roundup cancer case is set to go to trial in St. Louis County again. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. So we now move on to the presentation of Monsantos defense. The verdicts were so significant that Bayer was forced to stop any additional trials and settle most of the pending Roundup cases. This aspect of the settlement proposal in the Roundup spray lawsuit has drawn widespread opposition and objections from various fronts. Roundup is the most widely used herbicide in the world as a weed killer. Bayer has accomplished this by negotiating block settlement arrangements with plaintiffs' lawyers who have large numbers of cases in the litigation. In late November 2021, a newly created commission in Massachusetts is considering restrictions on the use of Roundup because it has been linked to cancer. But the Roundup settlement numbers look much better at 20,000 or 25,000 claims and Bayer putting up a few billion in addition to the $5 billion to increase settlement amounts to resolve these cases. Eventually, every Roundup lawsuit in federal courts was consolidated into a new mass tort MDL in the Northern District of California. Last week, Bayers Roundup lawyers filed several motions to exclude specific evidence from this Roundup lawsuit. These victims have genuinely suffered. Kansas City native Allan Shelton was diagnosed with non-Hodgkins lymphoma before he was 30. History Established in 1988. Wyatt filed a Roundup lawsuit in the Southern District of Ohio against Monsanto on November 18, 2021. Many victims who have settled their lawsuits still have not been paid in 2023 due to a complicated settlement process. 6093 and Model No. The recent Roundup settlement will pay as much as $9.6 billion to resolve victims involved in current litigation and set aside $1.25 billion to pay future claims as part of separate class-action lawsuits. Bayer settles those. Still, the law firm representing her in the case refused to cut her a check after learning she was not a legal U.S. citizen. The company advised investors that it has earmarked about $12 billion for the settlement of roughly 125,000 pending claims, many of which have already been settled and are waiting for dismissal. Under the terms of the proposed settlement, Bayer would pay $10.9 billion. This means Bayer could face a steady stream of new Roundup lawsuits for the next 20 years. In the end, the jury found that the plaintiffs use of Roundup was not the cause of her cancer. Dr. Benbrook is a prominent agricultural economist who has written books and been an expert witness in all of the Roundup trials. But many others are very viable lawsuits. This is the first time Baumann has been ordered to testify in the Roundup cancer lawsuits. Most of that money ($9.6 billion) will be paid to resolve the existing 125,000 claims involving exposure to Roundup before February 2021. Many of the remaining Roundup claims are pending in state court in Missouri. However, Judge Chhabria stated that he will not give final approval unless steps are taken to ensure that the settlement does not confuse plaintiffs who may still file a Roundup cancer lawsuit if they develop NHL in the future. The case, Griswold v. Monsanto, was originally set for trial on January 9, 2023, but a 2-week postponement at the last minute pushed the date back to January 23, 2023. If you would ike to contact us via email please click . Solicitor General, Elizabeth Prelogar, was invited to file a brief in the Roundup weed killer case expressing the views of the U.S. as Bayer seeks to avoid potentially billions of dollars in damages. ]}. Dr. Farmer says that glyphosate targets a particular enzyme in plants, which humans and animals dont have. This trial was expedited because Mr. Langford is in poor health. The emotion, the feel for the witnesses you dont get that on Zoom, as we all know from using it for the last 20 months. Note The update should be installed on Windows Server 2012 R2-based or Windows Server 2012-based computers that are hosting the Active Directory domain services (ADDS) domain . October 2, 2022 Update: Trial dates coming up: September 20, 2022 Update: Bayer is now facing product liability lawsuits involving herbicide products other than Roundup. Share. It does not quit. The automatic stay is part of the bankruptcy law that protects debtors from being sued while the bankruptcy is still pending. This is a very favorable jurisdiction for defendants, so much so that plaintiffs outside of Pennsylvania are joining this Roundup class action lawsuit. Professor David Carpenter, an expert plaintiffs witness in several Roundup lawsuits, has been reinstated at the State University of New York at Albany after Monsanto lawyers attempted to discredit him. Hopefully, more Roundup cancer lawsuits in state court will bring more timely justice. Can you still find a Roundup cancer lawyer after the settlement? Monsanto immediately filed a motion seeking a directed verdict. Circuit Court of Appeals, No. Bayer must offer reasonable Roundup settlement amounts to victims to move past this litigation and turn the page. Our Roundup cancer lawyers believe- and Bayer confirmed on an earnings call there are approximately 31,000 Roundup lawsuits that have still not been settled. December 5, 2021 Update: Bayers appeal of a $25 million Roundup payout is now on the United States Supreme Courts December 10, 2021 conference calendar. That was 19 years ago. A California jury ordered Bayer to pay $2 billion in punitive damages in a lawsuit filed by a couple who both developed cancer after using Roundup for over 30 years. Posted on January 15th, 2023. (Reuters) - In the fall of 2015, when the plaintiffs' firms that would ultimately lead multidistrict litigation over Monsanto's Roundup weedkiller first began filing suits alleging that Roundup. To get the standalone package for Internet Explorer 11, go to the Microsoft Update Catalog website. "@type": "Question", Ironically, Bayer is willing to pay a settlement to secure its win.). However, in other cases, Bayer has opted to avoid trial by negotiating last-minute settlements. 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