S&M Farm Supply v. Pharmacia Company and Monsanto Company

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A putative class of direct purchasers of glyphosate-based and paraquat-based herbicides alleged a price-fixing conspiracy between the defendant, Monsanto Company (a subsidiary of Pharmacia at the time of the lawsuit filing), and one of its competitors, Imperial Chemical Industries.

Retained by Husch & Eppenberger

A putative class of direct purchasers of glyphosate-based and paraquat-based herbicides alleged a price-fixing conspiracy between the defendant, Monsanto Company (a subsidiary of Pharmacia at the time of the lawsuit filing), and one of its competitors, Imperial Chemical Industries.

U.S. District Court Judge E. Richard Webber denied the plaintiffs’ motion for class certification.

Monsanto’s counsel retained Dr. Michael Keeley of Cornerstone Research as Monsanto’s class certification expert. Following the filing of expert reports, depositions, legal briefings, and an oral argument, U.S. District Court Judge E. Richard Webber denied the plaintiffs’ motion for class certification. The Eighth Circuit denied the plaintiffs’ writ for an interlocutory appeal, letting Judge Webber’s decision stand.

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Michael C. Keeley

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