It’s been almost six years since the U.S. Department of Agriculture first reported that genetically modified rice developed by Bayer CropScience had contaminated U.S. rice supplies, cutting off American rice famers and millers from European markets. Bayer and its lawyers at Bartlit, Beck, Herman, Palenchar & Scott have struggled mightily ever since to limit Bayer’s liabilitybut they haven’t had a whole lot of success.
On Friday, Bayer took its biggest hit yet in the rice litigation, losing a $136.8 million Arkansas state court jury verdict to Riceland Foods, an Arkansas rice farmer cooperative that offers marketing, packaging, and bulk sales services. Following four weeks of trial, the jury socked Bayer with $125 million in punitive damages for acting “with malice or in reckless disregard” in failing to prevent its genetically-modified Liberty Link rice from contaminating U.S. supplies. Jurors also found Bayer 70 percent responsible for $16.9 million in damages Riceland suffered after countries in Europe and elsewhere banned imports of suspect U.S. rice.
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