On July 7, 2022, the Eighth Circuit largely affirmed a federal trial-court ruling that imposed massive liability on corporate defendants without requiring the plaintiff to identify whose product caused the plaintiff’s injury. The decision was disappointing for WLF, which filed an amicus brief in the case arguing that, under Missouri law, the district court should have required the plaintiff to identify which herbicides, if any, damaged its commercial peach orchards. Removing this basic causation requirement, WLF contended, violates the Due Process Clause. Because the jury was not instructed to “separately assess” punitive damages for each defendant, the Eighth Circuit reversed and remanded for a new trial solely on punitive damages. WLF submitted its brief on behalf of itself and DRI-The Voice of the Defense Bar.
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