DICAMBA CROP DAMAGE LAWSUITS

$400 Million Settlement Agreement Reached

Monsanto has agreed to pay up to $300 million to soybean producers and additional amounts to certain producers of other crops who suffered dicamba damage from dicamba sprayed over-the-top of dicamba tolerant soybeans or cotton from 2015 through 2020, per a global settlement agreement announced today by the Court-appointed Plaintiffs’ Executive Committee in In re: Dicamba Herbicides Litigation, MDL No. 2820, currently pending in the United States District Court for the Eastern District of Missouri.

Monsanto, per the agreement in principle, will also pay litigation expenses, attorneys’ fees, claims administration expenses and other costs in addition to the amounts provided to qualified claimants. The total value of the settlement is expected to reach up to $400 million.

The farmers represented in the multi-district litigation come from several states. They allege that they suffered economic damages due to Monsanto’s decision to commercialize dicamba resistant seeds without a safe formulation of the dicamba herbicide to spray over the top of plants grown from those seeds. All current versions of dicamba are prone to move off target, the lawsuits alleged. Monsanto has denied those allegations and vigorously defended the litigation and states that it has agreed to settle to avoid the further costs and uncertainties associated with the litigation.

This settlement could not come at a better time for farmers,” said Don Downing, Chair of the Plaintiffs Executive Committee. “It will provide much needed resources for farmers in these difficult times, and compensate them for dicamba-related losses they have suffered.”

If you or anyone you know has experienced any dicamba damage, please contact Gray Ritter Graham Our agricultural litigation team, led by Don Downing, has been at the forefront of many successful financial outcomes across the country. We help economically-damaged farmers in their pursuit of justice against large agricultural companies. Let us put our years of experience to work for you! Contact our team today.

Signs of Dicamba Damage

We have already seen the first dicamba crop damage case go to trial, ending in a $265 million verdict. If any of these crop irregularities are visible on your crops, let us help by determining if pursuing legal action is appropriate.

• Cupping and/or Curling
• Strapping or Narrow Growth
• Discoloration
• Wrinkling
• Stunting
• Leaf elongation
• Twisting
• Trumpeting

Pursuing Legal Action for Dicamba Drift

Complaints have been filed across more than 20 states for farmers seeking compensation for crop damage and losses. Many of these farmers have filed lawsuits against herbicide manufacturers seeking compensation for damages exceeding $1M.

Dicamba lawsuits have been filed in federal and state courts. All federal cases have been transferred to Judge Limbaugh for pre-trial proceedings.

In 2018, Gray Ritter Graham attorney Don Downing was named Chair of the Plaintiffs’ Executive Committee in dicamba multi-district litigation pending in the United States District Court, Eastern District of Missouri.

Don Downing speaking at last year’s American Agriculture Law Association’s annual conference.

First Dicamba Case Ends in $265M Verdict

On February 14, 2020, a jury awarded $15 million in compensatory damages and the next day awarded $250 million in punitive damages to Bader Farms, which is a peach grower in southeastern Missouri. This is the first trial in the multidistrict litigation involving U.S. farmers suing Monsanto and BASF over crop damages they suffered from off-target movement of dicamba herbicide spray: Case No. 1:16-CV-299-SNLJ

The lawsuit was heard in the United States District Court, Eastern District of Missouri, before United States District Judge Stephen N. Limbaugh, Jr.

Our firm’s history with the pending dicamba litigation:

• DOWNING INTERVIEWED REGARDING FATE OF FUTURE DICAMBA DRIFT LAWSUITS
• GRG ACCEPTING FARMERS’ DICAMBA DAMAGE CASES
• Gray Ritter Graham FILES DICAMBA CLASS ACTION LAWSUIT ON BEHALF OF MISSOURI FARMERS
• Gray Ritter Graham FILES ANTITRUST CLASS ACTION LAWSUIT AGAINST MONSANTO IN CONNECTION WITH ITS DICAMBA-BASED CROP SYSTEM
• DOWNING INTERVIEWED ON MISSOURI DICAMBA CLASS ACTION LAWSUIT
• DOWNING NAMED CHAIR OF PLAINTIFFS’ EXECUTIVE COMMITTEE IN DICAMBA MULTIDISTRICT LITIGATION

Johnathan Hettinger has covered the Bader Farm dicamba lawsuit for the Midwest Center for Investigative Reporting.

Here are links to his reporting on the trial:

• InvestigateMidwest.org – Dicamba on Trial

Meet The Gray Ritter Graham Dicamba Drift Litigation Team

Gray Ritter Graham’s Dicamba litigation team, led by Don Downing, has been at the forefront of successful financial outcomes for economically damaged farmers in their pursuit of justice against large agricultural companies.

Gray Ritter Graham attorneys were co-lead plaintiff counsel in the 2018 $1.51 billion settlement with Syngenta over its genetically modified strains of rice and the 2011 $750 million settlement with Bayer over its rice contamination litigation.

How A Dicamba Damages Lawyer Can Help

Dicamba damage cases can be extremely complex. For this reason, having a strong legal counsel to represent you is crucial to the success of your claim. With Gray Ritter Graham, our attorneys are skilled in research and investigation. Once we’ve determined that there is a strong premise for legal action, we work to build a strong, winning case to ensure a favorable and fair outcome.

Damages caused by dicamba can be costly, and our goal is to help you obtain justice for your losses. To get started, contact one of our attorneys who will begin the process of preserving evidence so that you may regain your losses as soon as possible.

Dicamba Crop Damage Claim? Contact Gray Ritter Graham

At Gray Ritter Graham, we represent farmers in Missouri, Illinois, and the surrounding Midwest region. If you or anyone you know has experienced any dicamba drift damage, please contact us. We would be happy to evaluate your case at no charge to you.

If we ultimately take your case, we would do so on a contingent-fee basis with no out-of-pocket payment by you. Any payment to us would be out of the recovery we obtain for you.

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