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The Federal Judge overseeing the multidistrict litigation for Monsanto’s dicamba-based XtendiMax herbicide with VaporGrip technology and its genetically modified, herbicide-resistant Roundup Ready 2 Xtend soybean varieties said a lawsuit by a Missouri farm that alleges Monsanto conspired to create an “ecological disaster” should go to a jury.
U.S. District Judge Stephen Limbaugh in Cape Girardeau, Mo., denied Monsanto’s motion for partial summary judgment. A trial in the case of Bader Farms Inc. — the first dicamba case filed in the litigation in Nov. 2016 — is scheduled for next year.
In his order, Limbaugh said a jury could find that Monsanto “tacitly encouraged” farmers to illegally spray an older version of the dicamba herbicide, which drifted over to the Bader farm and damaged tens of thousands of peach trees.
Scott Partridge, Monsanto’s vice president of global strategy, said the company looks forward to continuing the litigation in front of a jury, adding that Monsanto believes there is no merit to the plaintiffs’ claims.