Warren et al v. Monsanto et al

3:17-cv-973 / MDL No. 2820
September 11, 2017
Final judgment
United States

Brian Warren, Warren Farms
Monsanto, BASF, Dupont De Nemours, Pioneer
Ronald E. Osman, René F. Rocha III

Multi-district litigation, Stipulated Settlement Agreement
Herbicide, Dicamba, Xtendimax, Engenia, Fexapan
The lawsuit seeks preliminary and permanent injunctions stopping these companies from marketing or selling Xtend crops, Xtendimax, Engenia, and Fexapan. It also requests compensation for plaintiffs' losses, punitive and exemplary damages, statutory damages, attorneys' fees, and any other relief the Court deems just and proper.
District Court for the Southern District of Illinois, United States

June 24, 2020
Bayer has reached a $400 million settlement with farmers whose crops have been damaged by drift from the herbicide dicamba.
No description

In June and July 2017, plaintiff observed significant dicamba injuries on his crops, due to the application of dicamba herbicides on dicamba-resistant crops in the vicinity by numerous farmers. As a result, plaintiffs’ crops were exposed to dicamba, suffered significant injuries, and sustained a loss of yield. As a further result of exposure to dicamba, plaintiff will sustain loss of seed and progeny in future growing seasons. 11.22.2017, given the number of dicamba cases, the similarities between them and the common defendents, the lawyer asked to transfer actions to the Southern District of Illinois for coordinated or consolidated pretrial proceedings of the complaints that allege that dicamba is highly volatile and can cause injuries to plants several miles away. It also alleges that the defendants deceptively marketed their latest dicamba formulations as "low-volatility" herbicides that would not be as prone to off-target movement. As a result, significant damage was done to millions of acres of American crops, including hundreds of acres of Mr. Warren's crops. 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 the 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).