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Investing.com -- Bayer (ETR:BAYGN) has filed a petition for a writ of certiorari with the U.S. Supreme Court, seeking review of the Durnell glyphosate litigation case.
The petition, submitted on Friday, initiates a process that could lead to the case being considered during the Court’s October 2025 to June 2026 session.
Shares of the pharma and biotech company were down 3.5% at 08:26 ET (12:26 GMT).
A final ruling, if the case is taken up, would be expected within 30 days after that term concludes.
The filing is in line with previous guidance from Bayer’s management, which had indicated plans to pursue Supreme Court review in the first half of the year.
It is the company’s third attempt to bring a glyphosate-related case before the Court, following unsuccessful petitions in the Hardeman and Pilliod cases.
Unlike earlier efforts, this petition follows a split among federal appellate courts. Bayer recently won an appeal in the Schaffner case in the Third Circuit, creating a legal divergence with earlier rulings from the Ninth and Eleventh Circuits.
Legal analysts note that such splits can increase the chances of Supreme Court review, though the overall acceptance rate remains around 1%.
According to analysts at Jefferies, a favorable ruling for Bayer could sharply reduce its remaining glyphosate-related liabilities, estimated at €7 billion.
This, they say, could represent a 35% upside for the company’s stock if the case is resolved in its favor.
While the probability remains low, the filing introduces a new legal angle that could shift the trajectory of Bayer’s longstanding litigation over glyphosate in the United States.