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Settlement over DuPont’s allegedly tree-damaging herbicide receives preliminary approval

Under the deal, DuPont will pay for removal and replacement of trees damaged by Imprelis, as well as other expenses

Sometimes an herbicide can be too effective. Class action claims against DuPont think so, alleging that the company’s Imprelis herbicide killed thousands of trees when applied as a weed-killer. But DuPont is approaching a settlement now with its accusers—it received preliminary approval for the deal from U.S. District Judge Gene Pratter on Tuesday.

The Environmental Protection Agency (EPA) started investigating Imprelis after customers including golf courses and sod farms reported damage to evergreen trees. The EPA halted sales of the herbicide, many consumers filed lawsuits, and DuPont itself produced more than 7,000 reports of damage to trees.

DuPont set up its own claims resolution process, but customers seemed to prefer your classic lawsuit format. Hence, the settlement.

Under the agreement, DuPont will compensate property owners for the removal and replacement of the damaged trees, as well as for customer site visits and other expenses, including $7 million in attorney’s fees.

Read more at Thomson Reuters.


For more InsideCounsel coverage of agriculture disputes, see below:

Dairy co-op will pay $158.6 million in antitrust settlement

Monsanto lawyer says company will sue only farmers who illegally use patented seed technology

Monsanto seed patent case headed to Supreme Court

9th Circuit revives dairy farmers’ price-fixing suit

Jury awards Monsanto $1 billion in patent infringement case against DuPont

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