The $265 million figure was Bader Farms’ original jury award—not a confirmed final payment. The jury awarded the Missouri peach farm $15 million in compensatory damages and $250 million in punitive damages. A judge later cut punitive damages to $60 million, and the Eighth Circuit subsequently vacated the punitive award and ordered a new trial limited to that issue. The final damages outcome is not established by the available court records summarized here.
What was the Bader Farms dicamba lawsuit about?
Bader Farms sued Monsanto and BASF, alleging that dicamba drift damaged its peach orchards from 2015 through 2019. The case included claims involving negligent design and failure to warn, as well as conspiracy and joint-venture theories. The allegations concerned the companies’ dicamba herbicides and dicamba-tolerant seeds; the case should not be read as a general finding about every dicamba product or its current legal use.
The Supreme Court petition appendix recounts that the EPA approved Monsanto’s lower-volatility dicamba herbicide in November 2016 and BASF’s in 2017. Those are historical approval dates, not a description of current registrations, labels, or application restrictions. (U.S. Supreme Court petition appendix)
How did the $265 million figure break down?
The jury’s original award consisted of two parts: $15 million to compensate Bader Farms for its damages and $250 million in punitive damages. The punitive award was intended as a separate damages category, not part of the farm’s direct compensation. The figures are reported in the 2024 U.S. Supreme Court petition appendix. (U.S. Supreme Court petition appendix)
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After post-trial review, the district court reduced punitive damages from $250 million to $60 million. Adding the unchanged $15 million compensatory award yields a $75 million judgment at that stage. That $75 million total is arithmetic from the two reported components, not a separately quoted figure. (U.S. Supreme Court petition appendix)
What happened to the verdict on appeal?
| Stage | Damages | Procedural result |
|---|---|---|
| Jury verdict | $15 million compensatory and $250 million punitive, for $265 million total | Original jury award |
| District court post-trial review | Punitive damages reduced to $60 million; $15 million compensatory award remained, for $75 million combined | Reduced punitive damages |
| Eighth Circuit, 2022 | Actual damages result preserved; punitive award vacated | Ordered a new trial limited to punitive damages because the companies’ degrees of culpability needed separate assessment |
| Later Eighth Circuit ruling | No final punitive amount established in the cited summary | Again directed a new trial limited to punitive damages |
| Supreme Court docket entry, Aug. 3, 2026 | Final damages amount not established | Docket search result records that judgment and mandate issued, but does not disclose the order’s substantive effect |
The Eighth Circuit’s 2022 opinion concluded that the record supported actual damages and conspiracy liability, but it did not leave the punitive award in place. It vacated that award and sent the punitive-damages question back for a new trial. A later Eighth Circuit decision also directed a retrial limited to punitive damages. (Eighth Circuit 2022 decision; later Eighth Circuit decision)
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Did Bader Farms receive $265 million?
The available procedural record does not establish that Bader Farms received $265 million. That amount was the original jury award. The district court later reduced the punitive portion, and appellate rulings then vacated punitive damages and ordered a new trial on that issue. The $75 million post-trial judgment was also not the final damages outcome established by the cited record.
A Supreme Court docket search result for docket 25-1042 reports that judgment and mandate issued on August 3, 2026. The entry available in the cited material does not explain the order’s effect or the amount, if any, ultimately payable after remand. (Supreme Court docket 25-1042)
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What the case does—and does not—establish
- It establishes the history of this case: an original jury award, a district-court reduction, and appellate action setting aside punitive damages for a new trial.
- It does not establish a final amount paid: the original $265 million verdict and the later $75 million judgment were not the final damages result described in the cited procedural record.
- It is not a current-use guide: the historical EPA approval dates in the petition appendix do not establish present-day registration or application rules.
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