Bader Farms et al v. Monsanto and BASF

1:16-CV-299SNLJ 16DU-CC00111
November 23, 2016
Final judgment
United States, Cape Girardeau, Eastern District of Missouri, Southeastern Division

Farmers
Bader Farms, Inc., Bill Bader
Monsanto, BASF
Angela M. Splittgerber, Beverly T. Randles, Billy R. Randles

Civil court
Jury, Multi-district litigation
Herbicide, Dicamba, Xtendimax, Roundup, 2,4-D
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.
United States District Court of Cape Girardeau, Eastern District of Missouri, Southeastern Division, United States
Court

February 14, 2020
Positive
Bayer and BASF found liable for plaintiff Bader Farms’ damaged peach trees due to drifting of the herbicide dicamba. Bader Farms awarded $15 million in damages. Bayer and BASF also condemned to pay $250 million in punishment damages.
National law
No description

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. 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, Bayer and BASF were found 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 also condemned to pay $ 250 million in punishment damages.