Goldberg Segalla’s Philip Sholtz and Paul L. Knobbe, senior trial partners based in the firm’s St. Louis office, analyze the recent case of Bader Farms Inc. et al. v. Monsanto Co. et al.—a three-week trial in the U.S. District Court for the Eastern District of Missouri that ended in a jury award of $265 million in damages to a peach farm. At issue for the plaintiffs were, they claimed, extensive damages to the farm because Monsanto’s dicamba-based herbicides allegedly drifted onto its orchards from neighboring fields.
Phil and Paul, both members of the firm’s Toxic Tort and Environmental Law practices, provide takeaways from the case. “This trial demonstrates that the considered use of key internal documents can be used to leverage a substantial verdict, in even the most defense friendly of jurisdictions,” they write.
For years, the attorneys on Goldberg Segalla Toxic Tort team have committed their time and talents to turning the tide of toxic tort litigation. Case by case and client by client, in local and individual matters and in mass tort litigation, we have won trials and appeals and shaped case law around the country. Our team of over 50 exceptional attorneys includes veteran toxic tort litigators, nationally recognized rising stars, and thought leaders with deep backgrounds in emerging toxic tort trends. With the ability to defend cases and advise clients across our national footprint, we’ve built a reputation for precedent-setting victories over aggressive plaintiff lawyers in some of the country’s toughest judicial jurisdictions—but also for developing cost-effective litigation management strategies to meet each client’s goals.
In addition, our Environmental Law practice offers services ranging from regulatory compliance counseling to crisis response and the management of environmental liabilities in corporate, real estate, and financial transactions. Our clients—landowners, oil and gas companies, chemical and product manufacturers, construction contractors and subcontractors, real estate developers, lenders, insurers, and public and private entities—rely on us for our thorough understanding of the laws and regulations on the federal, state, and local level. Our environmental attorneys provide you with practical business-oriented advice on the basis of existing and anticipated legal requirements, and regulatory practice. We also keep our clients up to date through the firm’s Environmental Law Monitor blog, a trusted resource for breaking news and analysis of current issues in environmental law.