Dicamba-suit filers push for class action

Attorneys for farmers in Arkansas and seven other states claiming crop damage from dicamba are seeking class-action status for their lawsuits and alleging Monsanto is a monopoly in violation of U.S. antitrust laws.

Don Downing, a St. Louis attorney, on Wednesday filed two “master complaints” in a St. Louis federal court, which was selected earlier this year to handle pretrial depositions and other matters involving at least 11 lawsuits against Monsanto, BASF and DowDupont, manufacturers of new formulations of the dicamba herbicide.

Downing is chairman of the plaintiffs’ executive committee of lawyers that also includes Paul Byrd and Scott Poynter, both of Little Rock.

Farmers in eight states allege the three companies are responsible for damage to their crops, particularly to varieties of soybeans not tolerant of the herbicide. After receiving nearly 1,000 complaints last year, Arkansas officials banned the herbicide for in-crop use this year. Still, the state Plant Board has received nearly 200 dicamba complaints this summer.

Downing said Monsanto, between pushing dicamba-tolerant seeds and the accompanying herbicide, is functioning as a monopoly and forcing farmers to buy its dicamba-tolerant crop system, called Xtend, as a matter of self-defense.

The companies claim most problems created by the herbicide are from applicator error.