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This settlement is closed!
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Monsanto Co. has agreed to pay up to $300 million in a soybean class action settlement resolving claims that the company’s herbicides containing dicamba damaged some producers’ crops.
Class Members who are eligible to make a claim in the soybean class action settlement are commercial soybean producers whose crops showed symptoms of exposure to dicamba between the 2015 to 2020 growing seasons.
Crop producers must attest that the symptoms were, indeed, caused by third-party application of dicamba to dicamba-tolerant cotton or soybean crops.
Monsanto has not admitted any wrongdoing, but agreed to the soybean class action settlement because all parties believe it serves their best interest. In agreeing to a settlement, the parties avoid the time and risks involved in continuing with complex legal proceedings.
In their class action lawsuit, the plaintiffs alleged Monsanto concealed information from federal regulators and Congress about the danger farmers would be facing by using off-label herbicides with Xtend soybean and cotton crops.
According to the plaintiffs, Monsanto’s intention was for the regulators to “act in ignorance in carrying out their … oversight responsibilities.”
As a result of that “ignorance,” the plaintiffs argued that the agencies were not able to protect the public, and therefore the plaintiffs were “directly harmed.”
In addition, Monsanto allegedly violated the law by releasing its new GMO seeds “without an existing, approved herbicide or a corresponding herbicide on the market.”
The plaintiffs claimed Monsanto’s release of the Xtend seeds without the availability of an approved herbicide caused the use of dicamba to be in violation of state and federal law.
This “illegal spraying was not only likely, but inevitable,” they argued.
Class Members wishing to submit a claim in the soybean class action settlement must provide adequate documentation, including injury records for each affected field and damage year; any administrative agency reports they have; actual yield data for affected fields and benchmark fields for damage years, plus at least three non-damage years in which the benchmark and affected fields that were planted with soybeans closest in time to the damage year.
Actual yield data for up to 10 non-damage years is also allowed to be submitted, though providing that information for at least four years may increase the likelihood the claimant will be asked to provide additional actual yield data if the benchmark fields are determined ineligible.
All yield records must be complete and unredacted.
A final hearing date has not been scheduled.
The amount to be paid to each claimant will be based on a formula that accounts for the soybean acres at issue on which the claimants are eligible to recover, their ownership interest and the average price of soybeans in the claimant’s state.
The average price will be determined using U.S. Department of Agriculture (USDA) data available through the National Agricultural Statistics Service (NASS).
By participating in the soybean class action settlement, Class Members release their claims.
The deadline to file a claim form in the soybean class action settlement is May 28, 2021.
Who’s Eligible
Consumers are eligible to participate in the proposed settlement if during the 2015 through 2020 crop seasons they produced soybeans for commercial purposes that showed symptoms of exposure to dicamba during one or more years. Consumers must attest that to the best of their knowledge, those symptoms were caused by the application of dicamba to dicamba-tolerant soybeans and/or cotton.
Potential Award
Varies
Each payout will be based on a formula accounting for the soybean acres at issue on which claimants are eligible to recover, their ownership interest, and the average price of soybeans in the claimant’s state.
Proof of Purchase
Injury records for each affected field and damage year; any administrative agency reports available; actual yield data for affected fields and selected benchmark fields for damage years, plus at least three non-damage years in which the benchmark and affected fields that were planted with soybeans closest in time to the damage year.
Claimants also may submit actual yield data for up to 10 non-damage years. Doing so for at least four years may increase the likelihood of being asked to provide more actual yield data if the benchmark fields are determined ineligible.
All yield records must be complete and unredacted.
More information on required documentation is available here.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
05/28/2021
Case Name
Bader Farms Inc., et al. v. Monsanto Co., Case No. 1:16-cv-00299, in the U.S. District Court for the Eastern District of Missouri
Final Hearing
TBD
Settlement Website
Claims Administrator
Dicamba Soybean Grower Settlement
c/o Epiq
P.O. Box 5476
Portland, OR 97228-5476
info@DicambaSoybeanSettlement.com
1-855-914-4672
Class Counsel
Don M. Downing Gray
RITTER & GRAHAM PC
James Bilsborrow
WEITZ & LUXENBERG PC
Paul Byrd ABN
PAUL BYRD LAW FIRM PLLC
Paul A. Lesko
PEIFFER ROSCA WOLF ABDULLAH CARR & KANE APLC
Richard M. Paul III
PAUL LLP
Beverly T. Randles
RANDLES & SPLITTGERBER LLP
René F. Rocha III
MORGAN & MORGAN
Hart Rabinovitch
ZIMMERMAN REED LLP
Defense Counsel
Christopher C. Hohn
Jeffrey A. Masson
Kimberly M. Bousquet
THOMPSON COBURN LLP
A. Elizabeth Blackwell
BRYAN CAVE LEIGHTON PAISNER
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16 thoughts onMonsanto Herbicide Soybean Class Action Settlement
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Monsanto (soy)
This claim is asking for SS number. I don’t feel comfortable disclosing, am I required to submit this info in order to file?
Class Members who are eligible to make a claim in the soybean class action settlement are commercial soybean producers whose crops showed symptoms of exposure to dicamba between the 2015 to 2020 growing seasons.