Bader Farms et al v. Monsanto and BASF

Reference :

1:16-cv-00299-SNLJ // 1:18-md-02820-SNLJ

Complaint date :

November 23, 2016

Status :

Final judgment

Place of jurisdiction :

United States, San Francisco

Plaintiffs types :

Farmers

Plaintiffs names :

Bader Farms, Inc., Bill Bader

Defendants :

Monsanto, BASF

Lawyers for Health and Environmental Justice :

Angela M. Splittgerber, Beverly T. Randles, Billy R. Randles

Case nature :

Civil court

Specificities :

Jury, Multi-district litigation

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

Herbicide, Dicamba, Xtendimax, Roundup, 2,4-D

Requests :

Compensatory and punitive damages of $21 million ; awarding Plaintiffs their costs, expenses, and reasonable attorney’s fees incurred in this matter; further relief as the Court deems just and proper.

Name of the Court :

United States Court of Appeals for the Eight Circuit of San Francisco, United States

Jurisdiction level :

Decision date :

July 7, 2022

Decision nature :

Positive

Decision content :

Bayer and BASF found liable for plaintiff Bader Farms’ damaged peach trees due to drifting of the herbicide dicamba.

Legal basis :

Court Ruling :

No description

Summary :

The lawsuit alleges that Monsanto and BASF released dicamba-tolerant soybean and cotton GMO seeds and accompanying herbicides knowing that it would likely drift and damage non-tolerant crops. The drift led to damage across thousands of acres of crops. Over 100 farmers making claims against the companies have been combined in multidistrict litigation (MDL 2820) in U.S. District Court in Cape Girardeau, Missouri (1:18-md-02820-SNLJ). This case is the bellwether trial for that litigation. Bader Farms reported a $1.5 million on gross loss of sales, with 30,000 trees lost in the process. The trial, due to be fast-tracked to start in October 2019, began on Jan. 27, 2020. Documents presented in the opening arguments showed that both companies were warned about the herbicide’s potential to damage other crops and prepared for complaints about the weed killer prior to the new GMO crop systems being released. On Feb. 14, 2020 the U.S. District Court of Cape Girardeau, Eastern District of Missouri found Bayer and BASF liable for plaintiff's 30,000+ damaged peach trees due to drifting of the herbicide dicamba. Bader Farms is awarded $15 million in damages. Bayer and BASF are also condemned to pay $ 250 million in punitive damages. The number of farmers seeking legal representation to file suit against Monsanto and BASF has surged since then. On Nov. 25, 2020 District Judge Stephen N. Limbaugh, Jr orders that the punitive damages award be reduced to $60M (16DU-CC00111). On March 12, 2021, BASF files an appeal. On Feb. 15, 2022, lawyers for Monsanto and BASF argued before the Eighth Circuit that the award to Bader peach farm for damages related to their dicamba herbicide was unwarranted. On July 7, 2022 the U.S. Court of Appeals for the Eight Circuit issued a decision holding Monsanto-Bayer and BASF responsible for unprecedented damage to Mr. Bader's orchard caused by the companies' dicamba herbicide-based crop system.

Scientific references :

No scientifice reference for this case.