This multidistrict litigation includes approximately thirteen purported class and individual actions filed by farmers whose crops were allegedly damaged by dicamba herbicide when it moved off the original spraying site. Plaintiffs claim that Monsanto prematurely released dicamba-resistant seeds before releasing its corresponding dicamba herbicide. Defendants then allegedly encouraged farmers to use older and more volatile versions of dicamba herbicide, which damaged non-dicamba-resistant crops near the spray site. Plaintiffs also claim that defendants knew the new formulations of dicamba herbicide are not appreciably less volatile than older formulations.
Plaintiffs further claim the defendants conspired in this wrongful conduct. Before the new formulations of dicamba herbicide came to market, Monsanto was able to sell its dicamba-resistant seeds, and BASF was able to boost sales of its older dicamba herbicides. After the new formulations of dicamba herbicide came to market, their increased use would lead to increased sales of both dicamba-resistant seeds and the new formulations of dicamba herbicide. Plaintiffs bring claims under the Sherman Act and Lanham Act and also assert various state-based causes of action.
The Judicial Panel on Multidistrict Litigation consolidated the Dicamba Herbicide cases on February 1, 2018, and transferred the matter to this Court to conduct pretrial proceedings for all of the cases. An initial case conference will be held on March 28, 2018. Lead counsel for plaintiffs will be designated after the initial case conference. An initial case management order will be entered in due course. Status conferences will be held regularly to address ongoing issues regarding scheduling and discovery.
Hearings and Conferences
Initial Scheduling Conference
March 28, 2018 at 1:00 p.m. in Courtroom 4B