Farmers' Toxic Advice Suit Against Monsanto Moves Ahead

Law360, San Francisco (August 17, 2017, 9:18 PM EDT) -- A Missouri federal judge on Thursday trimmed a putative class action that claims Monsanto Co. encouraged farmers to use the highly volatile and drift-prone herbicide dicamba on their genetically modified dicamba-resistant soybean and cotton crops, decimating thousands of acres of farmland surrounding the crops.

U.S. District Judge Stephen N. Limbaugh Jr.  kept alive nine of 11 claims, finding that the suit adequately pled causation and a duty of care. The plaintiffs claim Monsanto advised farmers to apply an old version of dicamba to Monsanto’s “Xtend” soybean and cotton seeds.

“Plaintiffs’ allegation that defendant’s representatives told third parties to apply dicamba herbicide...

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