Randles and Splittgerber, LLP, Files Ten-State Class Action Lawsuit against Monsanto over Dicamba Devastation

Illegal Dicamba Spraying Decimated Hundreds of Thousands of Crops Across the Country

Re: Steven W. Landers, et al v. Monsanto Company, Case No. 1:17-cv-00020

Monsanto Company is currently being served with a class action filed on behalf of farmers in ten states for illegal dicamba spraying to protect its Xtend cotton and soybean seeds. Steven W. Landers, et al v. Monsanto Company, Case No. 1:17-cv-00020 was filed in the United States District Court for the Eastern District of Missouri, Southeastern Division, on behalf of Steven and Deloris “Dee” Landers and similarly harmed farmers in ten states. The ten states affected by dicamba damage and subject to the class action are Alabama, Arkansas, Illinois, Kentucky, Minnesota, Mississippi, Missouri, North Carolina, Tennessee, and Texas.

Steven and Dee Landers operate their family owned farms in New Madrid County, Missouri, and have been in business since 1976. The lawsuit was filed by Randles & Splittgerber, LLP, a Kansas City law firm whose members have extensive products liability litigation experience.

The lawsuit alleges that Monsanto Company knowingly marketed its Xtend cotton and soybean seeds to farmers without any safe herbicide. The suit claims Monsanto knew the only option purchasers would have to protect crops grown from those seeds would be to illegally spray dicamba to protect the crops from weeds. Spraying dicamba is illegal because it can drift to other farmers’ fields and destroy their crops. The suit alleges Monsanto chose to sell the Xtend seeds knowing that such destructive spraying would be inevitable.

“Monsanto chose to sell these seeds before they could be safely cultivated,” said Bev Randles of Randles & Splittgerber. “Monsanto’s own advertising repeatedly describes its Xtend seeds and its accompanying herbicide as a ‘system’ intended to be used together. But when Monsanto failed to get approval to sell the herbicide, it recklessly chose to go ahead and sell the seeds regardless,” said Bev Randles. “The inevitable result was farmers throughout the country used illegal and dangerous herbicides to try to protect the Xtend seeds. That inappropriate use of herbicides, which Monsanto knew would occur and encouraged, decimated hundreds of thousands of acres of crops nationwide.”

The lawsuit alleges that Steven and Dee Landers’ farms have been greatly damaged by the illegal herbicide spraying to protect Monsanto’s Roundup Ready Xtend crop system.

Randles & Splittgerber filed the first lawsuit against Monsanto over the illegal dicamba spraying to protect Xtend seeds in November 2016. That lawsuit, which is ongoing as a separate action, was filed on behalf of Bader Farms, Missouri’s largest peach producer.

“The more we learned about the extent of the damage, the more concerned we became for the smaller farmers who lack the resources to seek redress against Monsanto individually,” Bev Randles said. “The purpose of this suit is to hold Monsanto liable for its harm to all landowners, regardless of the size of the farms.”

The Complaint seeks damages for claims including negligence, strict liability, failure to warn, conspiracy, disgorgement of profits, and punitive damages.

The Caldwell County News

101 South Davis
P.O. Box 218
Hamilton, MO 64644
Phone: 816-583-2116
news@mycaldwellcounty.com

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