Smokey Alley Farm P’ship v. Monsanto

4:17-cv-2031 / MDL No. 2820
July 19, 2017
Not judged
United States

Smokey Alley Farm Partnership, Amore Farms, JTM Farms, Kenneth Loretta Garrett Qualls Farm Partnership, Qualls land Co., Michael Baioni, McLemore Farms LLC
Monsanto, BASF, Dupont De Nemours, Pioneer
Paul A. Lesko, Brandon M. Wise

Class action, Multi-district litigation
Herbicide, Dicamba, Xtendimax, Engenia, Fexapan
Injunctions providing that Monsanto and DuPont shall be enjoined from selling, marketing, distributing, or otherwise disseminating Xtend products; Order Monsanto, BASF and DuPont to take affirmative steps to remediate the damage caused by over-the-top application of dicamba on Xtend products; Monetary damages including compensatory relief to which Plaintiffs and the proposed class members are entitled. Plaintiffs request a jury trial on all issues so triable.
District Court for the Eastern District of Missouri, Eastern Division, United States

Complaints have been filed because of drift damage in the Midwest and South due to dicamba application on new Monsanto varieties of cotton and soybeans that allow producers to apply dicamba over-the-top. This class action in the Eastern Federal District of Missouri is being brought by a group of Arkansas farmers who planted older varieties of soybean and cotton that was not resistant to dicamba. On Feb. 2, 2018, the U.S. Judicial Panel on Multidistrict Litigation made the determination that 11 lawsuits filed in 4 states (including this one) against the makers dicamba will be centralized in U.S. District court for the Eastern District of Missouri in St. Louis. On June 24, Bayer settles U.S. Roundup, dicamba and PCB litigation for more than $10 billion. The settlement covers all claims in the multi-district litigation (MDL). Details of the $300 million settlement with Monsanto were finalized on 12/16/2020. The settlement will make $300 million from Bayer available to any soybean farmers who can document yield loss from dicamba injury between 2015 and 2020. (BASF was not part of the signed agreement). Growers with non-soybean crop injury in the multi-district litigation will settle their claims separately and privately with Bayer.