Farm's lawsuit against Monsanto moves to federal court

KENNETT, Mo. — A lawsuit filed by Southeast Missouri-based Bader Farms against Monsanto over damage from illegal herbicide use has been moved to federal court, after a notice filed Friday by the defendant.

The filing automatically moves the case out of Dunklin County, but the lawyer representing Bader Farms of Campbell, Missouri, said she will work to move it back to Dunklin County.

“That’s where the harm occurred to our plaintiff, that’s where our plaintiff is,” Bev Randles, lawyer for Bader Farms, said Monday in a phone interview. “That’s where the business is, so we think we have a very strong argument for the court to send it back to Dunklin County.”

Monsanto spokeswoman Charla Lord on Tuesday said the case should be heard in a federal courtroom. She provided a statement reiterating the company’s defense in the case.

In a lawsuit filed in December, Bader Farms and its owner, Bill Bader, accused Monsanto of knowingly marketing its Xtend cotton and soybean seeds without being accompanied by a safe formulation of dicamba herbicide. Updated versions of dicamba did not gain approval through the United States Environmental Protection Agency until December.

Farmers allegedly used older versions of the volatile herbicide on crops illegally, causing it to drift onto non-resistant crops.

The drift led to damage across thousands of acres of crops. Bader Farms reported a $1.5 million on gross loss of sales, with 30,000 fruit and nut trees lost.

Monsanto stated it worked to inform growers about the implications of illegal use of dicamba.

“While we sympathize with those who have been impacted by farmers who chose to apply dicamba illegally, this lawsuit attempts to shift responsibility away from individuals who knowingly and intentionally broke state and federal law and harmed their neighbors in the process,” Monsanto stated in December.

The move to a federal court represents what Randles called a “tactical move” by Monsanto and its representatives. The closest federal court is in Cape Girardeau.

“I haven’t represented corporations for a long time, but this is among the things that is in their playbook,” Randles said.

State Rep. Don Rone, R-Portageville, will file three pieces of legislation this week tackling issues about the sale and use of dicamba, including tougher penalties for those caught using the herbicide illegally.

Pertinent address:

Campbell, Mo.