Bayer has filed post-trial motions in the Missouri Bader Farms case, asking for the $265 million verdict to be overturned in the first dicamba-related case to go to trial.
The weedkiller dicamba is at the heart of hundreds of lawsuits against the company from farmers who claim the pesticide drifted and significantly damaged their crops, once it was widely sprayed as early as 2015.
When it comes to recent federal court rulings on Bayer AG core herbicides glyphosate and dicamba Bayer is now 0-for-4. Most recently – this past February to be exact – a Missouri federal jury awarded $15 million in comensatory damanges and $250 million in punitive danages to the largest peach farm in Missouri, which successfully argued Bayer's dicamba herbicide drifted from neighboring fields causing extensive damage on 1,000 acres of peach orchards. Bayer and co-defendant BASF are challenging the verdict in appellate court and how that turns out is a coin-flip. But with more than a hundred other dicamba drift cases waiting in the wings, Bayer finds itself in a difficult position.
A number of those dicamba related cases are seeking class action status before U.S District Court Judge Stephen Limbaugh Jr. which ultimately could represent not hundreds but thousands of farmers – both row crop and specialty crop. If that is not enough Bayer has lost three consecutive cases defending Roundup and its active chemical glyphosate. Bayer acquired the glyphosate headache when it purchased Roundup manufacturer Monsanto in 2018 for $63 billion. Since then it's been nothing but trouble.
Seeing the handwriting on the federal court wall Bayer is doing its best to plug the lawsuit deluge by attempting to hammer out a settlement proposal with current and potential future litigants. Several pending trials have been postponed in recent weeks as information trickles out of Bayer central that it's working on a global settlement worrth rougly $10 billion dollars.
ByJohnathan Hettinger/Midwest Center for Investigative Reporting |
This fall, the U.S. Environmental Protection Agency will decide whether the benefits of having the herbicide available to farmers for combatting weed resistance issues outweighs the harm to other farmers whose crops are damaged and to the environment.
CAPE GIRARDEAU, Mo. - A federal jury determined that German agribusiness giants Bayer and BASF will have to pay $250 million in punitive damages to Bader Farms, the largest peach farm in Missouri, for damage caused by their dicamba-related products. The verdict comes at the end of a three-week trial of a case where Bader Farms alleges it is going out of business because of damage incurred by the companies' dicamba herbicides moving off of neighboring fields and harming their 1,000 acres of peach orchards.
On Friday, the jury ruled that both Monsanto, which was acquired by Bayer in 2018, and BASF acted negligently and Bader Farms should receive $15 million in actual damages for future losses incurred because of the loss of their orchard.
Read also Reporter’s notebook: Five key takeaways from trial of peach farmer’s lawsuit vs. Bayer, BASF
Bader Farms will receive a total of $265 million. BASF and Bayer will have to sort out what portion of the damages each company pays.
Bader Farms is among thousands of farms, comprising millions of acres of crops, that have alleged dicamba damage since 2015.
CAPE GIRARDEAU, Mo. - A federal jury found in favor of Bader Farms on all counts in a lawsuit against Bayer and BASF. On Friday, the jury awarded $15 million of the requested $20.9 million in damages requested by Bader Farms.
On Saturday, the jury also awarded Bader Farms $250 million in punitive damages. The verdicts come at the end of a three-week trial of a case filed by Missouri’s largest peach farm against German agribusiness giants BASF and Bayer, which bought Monsanto in 2018, over damage allegedly caused by their pesticide dicamba."We are disappointed with the jury’s verdict. While we have empathy for Mr. Bader, Monsanto’s products were not responsible for the losses sought in this lawsuit and we look forward to appealing the decision," Bayer said in a statement shortly after Saturday's verdict was issued. Campbell-based Bader Farms alleges that BASF and Monsanto knew their dicamba-related products would cause damage to other farms and released them anyway to increase demand for their products.
Bader Farms’ harvest dropped from an average of 162,000 bushels in the early 2000s to as low as 12,000 bushels in 2018.
CAPE GIRARDEAU, Mo. - Closing arguments are set for 9 a.m. Friday in the federal trial of a lawsuit alleging Monsanto and BASF intentionally caused widespread damage to farms in order to bolster sales of a new pesticide and seed system. Bader Farms, the largest peach farm in Missouri, alleges that the companies, through the release of the new products built around the pesticide dicamba, are responsible for irreparable damage to its 1,000 acres of peach trees. Bayer, which bought Monsanto in 2018, and BASF deny the allegations that dicamba is volatile when used correctly. The companies blame the issues at Bader Farms on other issues, including soil fungus and weather events.
The cropping system, designed to help farmers kill weeds that are increasingly resistant to the pesticide glyphosate, was hailed as the next generation of farming.
CAPE GIRARDEAU, Mo. - A retired BASF executive told a federal jury on Tuesday that the company never intended to enter into a “joint venture” with Monsanto over the dicamba-tolerant cropping system that was released beginning in 2015.
“We didn’t want to be exposed to Monsanto’s losses,” said Alyson Emanuel, who in her then-role as vice president of global strategic marketing for herbicides helped negotiate the contracts between BASF and Monsanto that governed the relationship. In an effort to combat growing weed resistance, Monsanto genetically engineered soybean and cotton seeds that could withstand being sprayed by dicamba, a volatile herbicide that has been used since the 1960s. The two companies also developed new versions of the pesticide designed to be less volatile. BASF and Bayer, which acquired Monsanto in 2018, are being sued by Bader Farms, the largest peach farm in Missouri, over the dicamba-tolerant cropping system, which has allegedly damaged millions of acres of crops since its release.