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1:18-md-2820-SNLJ

In Re: 
Dicamba Herbicides Litigation

Background

This multidistrict litigation includes approximately 35 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 brought claims under the Sherman Act and Lanham Act and also assert various state-based causes of action.

Procedural History

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. Master Complaints for class actions related to crop damage and antitrust were each filed. This Court dismissed the Master Complaint related to antitrust claims Doc. #340. The Master Complaint related to crop damage claims was dismissed in part, but numerous counts still remain Doc. #302.

One case, Bader Farms v. Monsanto, et al., 1:16cv299, was the first-filed dicamba-crop damage case, and it is proceeding separately under its own Case Management Order. The Bader plaintiffs claim that dicamba damaged their peach orchard. That case is set for jury trial in Cape Girardeau starting on January 27, 2020.

Documents

116cv299-0645

Date Filed: 
11/25/2020
Description: 
Bader - Memo and Order Addressing Post-Trial Motions

116cv299-0288

Date Filed: 
12/31/2020
Description: 
Bader – Memo and Order Denying Defendants’ Motions for Summary Judgment

118md2820-0432

Date Filed: 
07/08/2019
Description: 
Fourth Amended Crop Damage Case Management Order

118-md-08280-340

Date Filed: 
03/13/2019
Description: 
Memorandum and Order on Monsanto's Motion to Dismiss the Master Antitrust Class Action Complaint.

118md2820-0302

Date Filed: 
02/06/2019
Description: 
Memo and Order on Motion to Dismiss Crop Damage Master Complaint.

118md2820-0138

Date Filed: 
08/01/2018
Description: 
AMENDED COMPLAINT MASTER ANTITRUST CLASS ACTION COMPLAINT

118md2820-0137

Date Filed: 
08/01/2018
Description: 
AMENDED COMPLAINT CROP DAMAGE CLASS ACTION MASTER COMPLAINT

118md2820-0129

Date Filed: 
07/23/2018
Description: 
AMENDED CROP DAMAGE CASE MANAGEMENT ORDER

118md2820-0047

Date Filed: 
05/08/2018
Description: 
Memo and Order on Monsanto’s Motion for Partial Summary Judgment.

118md2820-0046

Date Filed: 
05/08/2018
Description: 
Order Allowing Consolidated Master Complaints

Contacts

Contacts
Clerk’s Office Contacts
United States District Court
Eastern District of Missouri, Southeastern Division
555 Independence St.
Cape Girardeau, MO  63703
 
MDL Coordinator
David Braun (314) 244-7938
 
Chambers of U.S. District Judge Stephen N. Limbaugh, Jr.
Courtroom 4B
555 Independence St. 
Suite 4000
Cape Girardeau, MO 63703
(573)331-8873
 
Judicial Assistant:  Jessica Carter
Court Reporter:  Alison Garagnani (573)331-8832
 
 

Hearings and Conferences

Hearings and Conferences

Bader Pretrial Conferences:  January 9, 2020 at 1:00 p.m.; January 23, 2020 at 1:00 p.m.
Bader Jury Trial:  January 27, 2020