Flamm Orchards v. Monsanto et al.

Reference :

4:18-cv-01849

Complaint date :

October 29, 2018

Status :

Not judged

Place of jurisdiction :

United States, Missouri

Plaintiffs types :

Economic stakeholders

Plaintiffs names :

Flamm Orchards

Defendants :

Monsanto, BASF, Dupont De Nemours, Pioneer

Lawyers for Health and Environmental Justice :

D. Todd Mathews, Joseph B. Carnduff

Case nature :

Civil court

Specificities :

Jury

Type(s), Product(s), Active substance(s) :

Herbicide, Dicamba, Xtendimax, Engenia, Fexapan

Requests :

Preliminary and permanent injunctions providing that Monsanto and Dupont shall be enjoined from selling, marketing, distributing, or otherwise disseminating Xtend crops; [...]providing that Monsanto, BASF, and Dupont shall be enjoined from selling, marketing, distributing, or otherwise disseminating Xtendimax, Engenia, and Fexapan; Monetary damages including compensatory relief to which Plaintiff are entitled; Punitive and exemplary damages...; Statutory damages...;

Name of the Court :

District Court for the Eastern District of Missouri, United States

Jurisdiction level :

Summary :

Farms near Flamm orchards planted crops with dicamba-resistant seeds and sprayed large amounts of dicamba-based products, resulting in significant damage to the orchard’s groves this year, when dicamba drifted onto their fields. The damage caused loss of yield, as well as loss of seed and progeny in future growing seasons. Dicamba's high volatility is seen as a feature by the manufacturers, meant to force other farmers to use their products if they don’t want to suffer losses when their neighbors spray.

Update as at 31/10/2023: The case has not yet gone to trial. It has been reassigned to another judge, and the lawyers in charge of the case are oftently changing. At last count, on 10 October, changes of lawyers were still in progress.

Scientific references :

No scientifice reference for this case.