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Philip Sholtz and Paul L. Knobbe Dissect $265 Million Award in Crop Damage Case Related to Dicamba Herbicides


Philip Sholtz and Paul L. Knobbe Dissect $265 Million Award in Crop Damage Case Related to Dicamba Herbicides

March 25, 2020

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.

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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.

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