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Lawyers for Monsanto and BASF Corp. told an Eighth Circuit panel Wednesday that a $75 million judgment improperly held the companies liable for alleged damages to a Missouri farm's peach trees by the weedkiller dicamba, saying they neither manufactured nor sprayed the herbicide. ....
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Agriculture your username 7 hours ago On Wednesday, Bader Farms Inc. filed an answer brief in its Eighth Circuit appeal against Monsanto and BASF. The plaintiffs filed the appeal after the Eastern District of Missouri reduced the initial damages awarded to Bader Farms and Bill Bader to resolve claims that herbicide dicamba ruined the plaintiffs’ peach orchard when sprayed on a neighboring field. The $75 million judgment on Nov. 25, 2020, was reduced from the jury trial’s judgment of $265 million. The current judgment accounts for $15 million in punitive damages and $60 million in post-judgment interest. Monsanto alleged that the $75 million was an error in its opening brief, arguing that under Missouri law it should not be liable for the damage because the actual damage was done by a third-party farmer using Monsanto and BASF’s Xtend crop system, which was resistant to dicamba herbicides. ....