Reporter’s notebook: Monsanto pays BASF millions in 2016, 2017
Bayer and BASF are defending themselves against charges in a civil lawsuit that they intentionally caused "an ecological disaster" in order to increase their profits on dicamba-related products.
The Midwest Center for Investigative Reporting is one of the few media outlets covering each day of the groundbreaking trial as part of an in-depth project on dicamba, its makers and its impact. Your support makes this possible.
Read:
Day 1: Dicamba on trial: Internal docs show Monsanto, BASF prepared for drift complaints prior to dicamba launch
Day 3: Monsanto executive: ‘We anticipated (drift) might happen’
Day 4: Monsanto officials limited testing on its own plots
Day 5: Monsanto officials testified dicamba may drift, but not enough to harm crops
Day 6: Despite assurances to farmers, BASF told pesticide applicators dicamba may cause soybean damage
Day 7: Peach farmer takes the stand in lawsuit against Bayer, BASF
Day 8: In trial against Bayer and BASF, Missouri peach farmer testifies about alleged dicamba damage
Day 9: Weed scientist: With widespread pollution, ‘no way’ to know where drift that harmed peaches came from
Day 10: Peach farm one witness away from resting its case against Bayer, BASF
Day 11: Monsanto’s defense: Fungal disease, not dicamba, to blame for peach farmer’s problems
Here's a look at day 11 of the trial, February 10, 2020.
By Johnthan Hettinger/Midwest Center for Investigative Reporting
CAPE GIRARDEAU, Mo. - Monsanto paid BASF $1.3 million in 2016 and $7.1 million in 2017 for royalties on traits for the sale of dicamba-resistant cotton and soybean seeds, according to documents read into the record in federal court on Monday.
The information came from invoices sent from BASF to Monsanto on Dec. 14, 2016, and Dec. 4, 2017, respectively.
Those dollar figures could be crucial for Bader Farms in establishing that the companies engaged in a “joint venture … to increase the profits and demand for their dicamba products.”
Monsanto, BASF move for directed verdict
With plaintiff resting their case on Monday morning, attorneys on behalf of Monsanto submitted a 45-page motion for a directed verdict, which is when a judge would dismiss claims of a lawsuit based on insufficient evidence being presented, on Friday.
Judge Stephen Limbaugh Jr. said on Monday morning that he read all weekend. He thinks there is enough evidence on all of the charges except negligent training, he said, which is when a company does an inadequate job of training its employees. Billy Randles, an attorney on behalf of Bader Farms, withdrew that claim.
Limbaugh said that there was plenty of evidence Bader Farms was harmed by dicamba illegally being sprayed over Xtend crops in 2015 and 2016. He also said that those years have a better case for punitive damages than 2017 and beyond, when the U.S. EPA approved the accompanying herbicides but allowed both to proceed.
Booker Shaw, an attorney with Thompson Coburn, a firm representing Monsanto and former U.S. District Judge, said that Bader Farms’ case is attempting to create new law and those decisions should be made in appeals courts, not district courts.
Limbaugh said he disagreed with Shaw’s assessment of the case. He also expressed frustration with Monsanto’s excessive paperwork and continued need to conduct oral arguments, even after filing the 45-page motion.
When Monsanto sent up its lawyers to argue the motion, Limbaugh said they wouldn’t change his mind but they could go ahead.
BASF’s case
With Monsanto starting and ending its case Monday, BASF attorneys said they expect their case to start Tuesday morning and wrap up Thursday morning.
Limbaugh said it’s possible he may need a full day to conduct research and catch up on paperwork between when BASF closes its case and when closing arguments start. Still, he is hopeful the case will close this week.
Follow our updates on Twitter: #dicambaontrial
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Reporter's Notebook: Day 1 - Jury pool included those with dicamba complaints
Reporter's Notebook: Day 2 - Monsanto flooded with calls from 'driftees' in 2017
Reporter's Notebook:Day 3 - Monsanto recruited farmer to speak on its behalf at 2016 meeting
Reporter's Notebook:Day 4 - 'We don't threaten customers'
Reporter's Notebook:Day 5 - Most of Monsanto’s 2017 complaints related to drift, not volatility, contractor says
Reporter's Notebook:Day 6- Farmers sprayed illegally near Bader, more on Monsanto testing practices
Reporter's Notebook: Day 7- BASF says dicamba’s volatility issues long overblown
Reporter's Notebook:Day 8 - In 2016, Bader sent neighbors, Monsanto invoices for millions
Reporter's Notebook:Day 9 - Dicamba - an 'all or nothing' system
Reporter's Notebook:Day 10 - Plaintiff’s case to wrap Monday with BASF, Monsanto invoices
