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In re Dicamba Herbicides Litigation

359 F. Supp. 3d 711 (2019)

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In re Dicamba Herbicides Litigation

United States District Court for the Eastern District of Missouri
359 F. Supp. 3d 711 (2019)

Facts

Monsanto Company (defendant) manufactured and sold the Xtend Crop System, which consisted of dicamba, an herbicide, coupled with genetically modified dicamba-resistant seeds. Twenty-one soybean farmers (the farmers) (plaintiffs) from eight states filed a class-action lawsuit against Monsanto and other defendants. The farmers alleged that after neighboring farmers planted Monsanto’s genetically modified seeds and then sprayed dicamba onto the crops, the dicamba drifted onto the plaintiff farmers’ non-genetically-modified crops, damaging them. The farmers’ complaint accused Monsanto of several counts of negligence as well as several intentional torts relating to its manufacture and sale of the Xtend Crop System. The alleged intentional torts included false advertising and fraudulent misrepresentation. The farmers also sued several other companies (defendants), asserting concerted-action liability arising from the companies’ actions in helping Monsanto to market the Xtend Crop System. Monsanto and the other companies moved for summary judgment on the concerted-action-liability claims, and the district court considered the motion.

Rule of Law

Issue

Holding and Reasoning (Limbaugh, J.)

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