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The NAM filed an amicus brief urging the Eighth Circuit to reverse a $75 million judgement against BASF and Monsanto that upends the long-standing rule that a manufacturer or seller is liable only for a product it places into the stream of commerce, and not for harm caused by a third party’s product. Proximate cause is a fundamental element for liability to be imposed in any tort case. Under Missouri law and the law of most states, proximate cause is missing when a plaintiff fails to identify the manufacturer or seller of the particular product that caused the plaintiff’s injury. In this case, the trial court misapplied Missouri law by allowing the case to proceed against Monsanto and BASF in the absence of proof that they manufactured the herbicides that allegedly caused damage to Bader’s peach trees. NAM’s brief argues that contrary to the plaintiff’s novel liability theory, Missouri—consistent with the majority rule nationwide—adheres to a traditional proximate cause standard. Forcing companies to pay for injuries caused by others—and allowing the actual tortfeasors to escape liability—improperly alters the parties’ economic incentives and market behavior. Unfortunately, on July 7, 2022, while vacating the punitive damages award, the court affirmed the judgment.