Bayer Challenges 'Novel Theory' Behind Jury's $265M Dicamba Verdict
Bayer also called the jury's $250 million in punitive damages excessive, unconstitutional and "the result of passion and prejudice," with statements comparing Monsanto "with violent criminals" and disclosing the company's net worth.
March 30, 2020 at 08:24 PM
4 minute read
Bayer AG has asked a federal judge to toss last month's $265 million verdict, insisting that the jury found no evidence that Monsanto Co.'s dicamba herbicide caused economic damages to a peach farmer's orchard.
In a motion for judgment or new trial filed on Friday, Bayer said the jury relied on a "novel theory of liability" under Missouri law in finding Monsanto liable. In a separate motion, Bayer called the jury's $250 million in punitive damages excessive, unconstitutional and "the result of passion and prejudice," with statements comparing Monsanto "with violent criminals" and disclosing the company's net worth.
"This astronomical award far exceeds anything that could be justified based on the conduct at issue at the level of compensatory damages," wrote Liz Blackwell, a partner at Bryan Cave Leighton Paisner in St. Louis. "The fact that the jury awarded $50 million more than requested further reflects that plaintiff's counsel successfully stoked the passions of the jury."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Law Firms Mentioned
Trending Stories
- 1BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 2First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
- 3The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 4The Growing Tension—And Opportunity—in Big Law Nonequity Tiers
- 5The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250