Jury Rules In Favor Of Missouri Peach Producer In Lawsuit Against Bayer, BASF | Local company

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Bayer’s defense focused largely on what it called a "central problem" to demonstrate that dicamba was the specific cause of the problems in the orchard.
"The story of what happened at Bader Farms has not been consistent," said Jan Paul Miller, the lawyer providing Bayer's closing argument.

He highlighted past problems facing the trees on the farm, ranging from hail to non-dicamba damage caused by a feather duster in recent years - problems which he said could explain the loss of productivity, rather than dicamba.

"If you add these together, you are returning to the performance they should have been," he said.

Lawyers for BASF, which produces a popular form of a new dicamba spray called Engenia, said that there was no evidence that its products affected Bader's operation.

"The complainants have not provided any evidence that they thought it was specifically the herbicide Engenia which had reached their farm," said lawyer John Mandler, adding that no witness could "confirm the source or the product that had resulted in Bader Farms. "

He also fought accusations that the company co-ordinated with Monsanto, which has been characterized as a fierce competitor rather than a conspiracy.

"They each controlled their own products," said Mandler. “We didn't know where the seed had been planted. "

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