EDWARDSVILLE, Ill. (Feb. 23, 2010) — Plaintiffs in the Madison County, Ill., case against the makers of the popular herbicide atrazine handed the manufacturers and Growmark a victory as they voluntarily dismissed multiple damages allegations from their lawsuit.
Today, before Madison County Circuit Judge Barbara Crowder, plaintiffs dismissed even more allegations in direct response to the defendants’ motion to transfer the claims of the cities of Carlinville, Fairfield, Flora, Hillsboro, Litchfield, Matoon, and Mount Olive to their home counties.
Plaintiffs dismissed their entire claim based upon private nuisance, and all their claims for alleged damages to real estate and physical plants, for the use and enjoyment of real estate, for the reduction in value of real estate, for stigma damages associated with any real estate, and for any loss of commercial use of real estate.
The Madison County Circuit Court had previously stricken plaintiffs’ claims for declaratory and injunctive relief and punitive damages. Additionally, plaintiffs had previously withdrawn their claim for a remediation study and cleanup of their water supplies.
“The plaintiffs’ legal theories continue to be whittled down by the Court,” said Kurtis B. Reeg, counsel for Syngenta Crop Protection of Greensboro, N.C. “This is the fourth time plaintiffs have amended their lawsuit as they continue to try to cobble together a case,” Reeg continued. “If and when all the facts are heard, we believe the plaintiffs’ case will be dismissed.”
“Atrazine is a vital input for Illinois’ corn crop. Federal and state regulations are protective of human health and the environment, and the product continues to be an important crop protection tool for farmers in Illinois and across the country to produce safe, abundant and affordable food for the world. We will defend it against these baseless attacks on behalf of the growers, the consumers and those who benefit from the production of Illinois corn,” Reeg said.
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