Insurance & Reinsurance
Bader Farms’ attorneys requested federal courts to uphold a $250 million punitive damages verdict against Monsanto and BASF.
Bader Farms’ attorneys have requested federal courts to uphold a $250 million punitive damages verdict against both Monsanto and BASF Corporation. The case is part of multidistrict litigation over claims of a chemical manufactured by both companies, dicamba, drifting from farm to farm and damaging crops. The briefs were filed in response to BASF's motion for judgment and motion for a new trial, arguing that Monsanto alone bears the financial burden. The verdict, which was won by Bader Farms in February, also includes $15 million in compensatory damage. BASF Corporation filed a motion to judgment, arguing the verdict should be paid by Monsanto alone. The company has stated that BASF and Monsanto "are totally separate companies and competitors, and the jury's verdict found that only Monsanto should be punished for its own conduct." Monsanto, which is owned by Bayer, issued its own statement to Law360 in response, maintaining that the verdict should be overturned because there was a lack of evidence showing Bayer's product actually cased the farm's losses, but that "if the court permits an award, there is no basis for shifting it entirely to Monsanto."