Texas Cotton Farmers Get Pesticide Drift Suit Partially Revived

Law360 (October 16, 2020, 6:40 PM EDT) -- A group of Texas cotton farmers who sued Helena Chemical Company over the aerial drift of the herbicide Sendero that they say damaged their crops got the claims partially revived Thursday by an appellate panel that determined, in part, that the farmers' experts had wrongly been struck.

The three-justice panel of the Eleventh Court of Appeals on determined the trial court was correct in holding Robert Cox and the other farmers could not collect damages for mental anguish or punitive damages because they failed to offer evidence that the alleged "actions were motivated by animus, hostility, malevolence, or ill will."

But the...

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