⁍ A jury in February awarded Bill Bader, Missouri’s largest peach farmer, $15 million in actual and $250 million in punitive damages.
⁍ Bader sued Bayer and its rival BASF SE.
⁍ He said his 1,000-acre orchard was irreparably harmed when herbicides made by the companies drifted onto his trees from nearby farms.
– In February, Missouri peach farmer Bill Bader was awarded $250 million in punitive damages and $15 million in actual damages in his lawsuit against chemical companies Bayer and BASF for allegedly causing his crops to be ruined by the dicamba-based herbicides they’d sprayed on his 1,000-acre farm. But in a court filing this week, Bayer claims Bader is still in business, Reuters reports. “The new evidence provided to the court clearly demonstrates that Bader Farm’s $15 million compensatory damages award was based on the false premise that the farm would be completely out of the peach business by 2019,” says a statement from Bayer, which is appealing the verdict. The company says it sent a private investigator to Bader’s farm this month to confirm that Bader’s retail store was selling peaches and that Bader’s trees were growing fruit, after seeing an advertisement for Bader’s peaches. Bader’s lawyer says the filing is “ridiculous” and ” Monsanto persists in raising in the media matters that they either lost in front of the jury or did not raise before the jury.” “Bader Farms sells some peaches, even though it has been devastated by dicamba,” he says. Bayer and BASF are appealing the verdict.
Source: https://www.reuters.com/article/us-bayer-lawsuit-dicamba/bayer-argues-against-weed-killer-verdict-after-its-investigator-finds-us-farmer-still-in-business-idUSKCN24U2ZU