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Bayer and BASF have won a second trial on a $60 million damage award

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  • Bayer and BASF were ordered to pay $60 million in punitive damages to Missouri peach farmer.
  • Bill Bader said dicamba drifted onto his orchard and harmed his crops.
  • Federal appeals court rules that jury was wrongly told to assess punitive damages for each company separately.
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Bayer AG (BAYGn.DE) and BASF (BASFn.DE) have won another preliminary on $60 million in reformatory harms they were requested to pay a Missouri peach rancher who said dicamba, a herbicide they delivered, floated onto his plantation and hurt his yields.

The eighth U.S. Circuit Court of Appeals observed that a government jury was wrongly told to survey reformatory harms for Bayer and BASF together, as opposed to independently. It said another preliminary was expected to decide reformatory harms for each organization.

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Bayer, BASF, and a legal counselor for the rancher, Bill Bader, didn’t promptly answer demands for input.

The request doesn’t influence the jury’s decision that the organizations are mindful and leaves set up its honor of $15 million in genuine, non-correctional harms.

The jury had initially granted $250 million in reformatory harms, for an all-out decision of $265 million, however, a government judge later sliced the correctional piece to $60 million, carrying the all-out down to $75 million.

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Bader’s claim, one of in excess of 100 comparable claims over dicamba, went to preliminary in mid-2020. Bayer in June 2020 declared that it would settle up to $400 million to settle the excess dicamba claims.

Bader, who works Missouri’s biggest peach plantation close to the Arkansas line, said many trees were killed when dicamba floated onto his property from adjacent soybean and cotton ranches.

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Monsanto, which is presently possessed by Bayer, started selling dicamba-lenient soybean and cotton seeds it created in 2015 and 2016, separately, prompting a blast of dicamba use, Bader and different ranchers have said.

The U.S. Natural Protection Agency forced limitations on the utilization of dicamba in November 2018 over worries about expected harm to local yields.

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