Tag Archives: Class Actions

Bayer to appeal $265 million U.S. damages award on dicamba weedkiller

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FILE PHOTO: The logo of Bayer AG is pictured outside a plant of the German pharmaceutical and chemical maker in Wuppertal, Germany August 9, 2019. REUTERS/Wolfgang Rattay/File Photo

BERLIN (Reuters) – German agrochemicals group Bayer said on Sunday it would appeal a U.S. jury’s $265 million damages award against it and BASF in favor of a Missouri farmer who said the company’s dicamba herbicide had destroyed his peach orchards.

The jury award, the first of more than 140 dicamba cases to come to trial, is separate to multi-billion-dollar litigation Bayer is trying to settle over the Roundup weedkiller made by Monsanto, the U.S. firm it took over for $63 billion in 2018. Monsanto made both Roundup and dicamba, and Bayer is being sued over both products.

In the dicamba case, a jury awarded $15 million in compensation to farmer Bill Bader and a further $250 million in punitive damages against Bayer and BASF, according to media reports on Friday. No breakdown of the damages was immediately available.

“We are disappointed with the jury’s verdict,” Bayer said in a statement.

“We believe the evidence presented at trial demonstrated that Monsanto’s products were not responsible for the losses sought in this lawsuit and we look forward to appealing the decision.”

No comment was available from BASF, which makes its own herbicide on the basis of dicamba.

The U.S. Environmental Protection Agency (EPA) imposed restrictions on the use of dicamba in Nov. 2018 due to concerns about the potential damage to crops surrounding those it was being applied to.

Bayer’s genetically engineered soy seeds are designed to be resistant to dicamba.

Reporting by Patricia Weiss; Writing by Douglas Busvine; Editing by David Gregorio

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Southwest passengers get no damages for flights canceled by de-icer scarcity: U.S. choose

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(Reuters) – Southwest Airways Co (LUV.N) gained the dismissal of a proposed class-action lawsuit searching for damages for stranded passengers on a whole lot of winter flights it was compelled to cancel as a result of it ran out of de-icer fluid.

FILE PHOTO: A traveler checks her baggage on the Southwest Airways terminal at LAX airport in Los Angeles, California, U.S., January 24, 2017. REUTERS/Lucy Nicholson/File Photograph

U.S. District Decide Sara Ellis in Chicago dominated on Tuesday that Southwest’s ticketing phrases didn’t suggest that the Dallas-based service had a authorized obligation to all the time inventory sufficient fluid.

She additionally stated the phrases explicitly excused Southwest from legal responsibility, as a result of passenger security could possibly be jeopardized if planes that had not been de-iced took off in winter climate.

“Working out of de-icer implicates aviation security, no matter whether or not it was a foreseeable occasion,” Ellis wrote.

A lawyer for the plaintiff Brian Hughes, an Illinois resident, had no quick touch upon Wednesday. Southwest and its attorneys didn’t instantly reply to requests for remark.

Hughes sued on behalf of Southwest passengers who incurred resort, meals and different prices due to flight cancellations at Chicago’s Halfway Airport on six days from Dec. 8, 2017 to Feb. 11, 2018.

He stated Southwest canceled 250 flights to and from Halfway on Feb. 11, together with his scheduled flight from Phoenix, as a result of it ran out of de-icer fluid, which no different service had performed.

Hughes stated was compelled to fly as a substitute to Omaha, Nebraska and keep in a single day, returning to Chicago on Feb. 12.

In searching for a dismissal, Southwest stated it couldn’t management the climate, and its passenger contracts allowed it to cancel flights due to dangerous climate “when vital or advisable.”

The case is Hughes v Southwest Airways Co, U.S. District Courtroom, Northern District of Illinois, No. 18-5315.

Reporting by Jonathan Stempel in New York; Modifying by David Gregorio

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