Bader Farms lawsuit against Monsanto moved to federal court

The lawsuit filed by Bader Farms against Monsanto has been moved to federal court, following a notice filed Friday by the defendant.

The filing automatically moved the case out of Dunklin County, but the attorney representing Bader Farms says the the plaintiff will be working to move the case back into Dunklin County.

“They filed a notice of removal, which automatically moves the case to federal court,” explained Bev Randles, attorney for Bader Farms, Monday afternoon in a phone interview. “What we have to do—if we want the case back in the state court—is to file a motion to remand the case back to state court, and we will do that.”

There currently is no timeframe for when Randles and her team of lawyers will need to file the notice on Bader Farms’ behalf, but she hopes to have the case moved back to where the alleged harm occurred.

“We feel like we have a very strong argument for it to be in Dunklin County, back in state court,” Randles said. That’s where the harm occurred to our plaintiff, that’s where our plaintiff is. That’s where the business is, so we think we have a very strong argument for the court to send it back to Dunklin County.”

Monsanto responded to a request for comment from the DDD Tuesday morning, arguing that the case should be heard in a federal courtroom.

“We believe that this action raises the federal questions that we’ve identified in our removal notice and therefore think that a federal forum is appropriate,” said Monsanto spokeswoman Charla Lord Tuesday. She then provided a statement reiterating the company’s defense in the case.

In the lawsuit filed in December, Bader Farms and its owner, Bill Bader, accused Monsanto of knowingly marketing its Xtend cotton and soybean seeds without being accompanied by a safe formulation of dicamba. The updated versions of dicamba did not gain approval through United States Environmental Protection Agency (EPA) until December.

Farmers allegedly resorted to using older versions of the volatile herbicide on crops illegally, causing it to drift onto non-resistant crops.

The drift led to damage across thousands of acres of crops. Bader Farms reported a $1.5 million on gross loss of sales, with 30,000 trees lost in the process.

Monsanto argues that it worked to inform growers about the implications of illegal use of its dicamba formulation, and says responsibility for the illegal use of their products should rest solely on the farmers accused of the illegal use.

"Both prior to and throughout the 2016 season, Monsanto took many steps to remind growers, dealers and applicators that dicamba was not approved for in-crop use at the time, and we do not condone the illegal use of any pesticide," read a statement first released in December. "While we sympathize with those who have been impacted by farmers who chose to apply dicamba illegally, this lawsuit attempts to shift responsibility away from individuals who knowingly and intentionally broke state and federal law and harmed their neighbors in the process. Responsibility for these actions belongs to those individuals alone. We will defend ourselves accordingly."

The case was originally slated to be held in Dunklin County, but the move to a federal court represents what Randles called a “tactical move” on the part of Monsanto and its representatives. The closest federal courtroom relative to Kennett and Campbell, where Bader Farms is located, is in Cape Girardeau.

“Having represented large corporations for a very long time, I can tell you that is a tactical move that companies do,” she explained. “I haven’t represented corporations for a long time, but this is among the things that is in their playbook.”

For Bader Farms and its representatives, Randles says the next step is to file a notice to remand the case to Dunklin County. She adds that, if necessary, her team will appear before a federal judge to that make that case.

“They file their papers; we’ll file our papers, and if the court wants to hear any oral argument on it in person, we’ll come down and do that. But the judge will make the determination,” Randles added. “We want it to stay in Dunklin County. This is a case that I believe needs to be heard in the state court in Dunklin County. As I said, the harm to our client occurred. That’s where Monsanto was doing business with a number of state farmers. We believe that it belongs in state court.”

Missouri State Rep. Don Rone, R-Portageville, will file three pieces of legislation this week tackling separate issues regarding the sale and use of dicamba, including increasing penalties for those caught using the herbicide illegally.