August 9, 2017 ǀ Syngenta MIR 162 GMO Corn Litigation – The August 14 start date of the Minnesota state court class action trial, in which corn farmers seek more than $600 million in damages, is postponed until September 11, 2017. Not coincidentally, the judge in the Kansas City federal MDL proceeding, in conjunction with the judges of the other courts in which cases are filed, appoints a small subset of plaintiffs’ counsel to serve as a “Plaintiffs’ Settlement Negotiation Committee to work toward a fair and expeditious resolution” of the litigation. Today is another good day for U.S. corn producers.
July 7, 2017 ǀ Syngenta MIR 162 GMO Corn Litigation – Syngenta settles individual Nebraska farmer test case set to begin trial in Minneapolis state court on July 10. Next up is the August 14 trial of the Minnesota state class action where farmers seek more than $600 million in damages.
June 23, 2017 ǀ Syngenta MIR 162 GMO Corn Litigation – The jury in the first test case trial in federal court in Kansas City finds Syngenta liable for prematurely marketing its Agrisure Viptera and Agrisure Duracade GMO corn seed, awarding $217 million in damages to Kansas corn producers in the Kansas class action. The next test case trial is in Minneapolis in July on behalf of Minnesota corn farmers. Today is a good day for U.S. corn producers.
June 5, 2017 ǀ Syngenta MIR 162 GMO Corn Litigation – The first test case trial begins in federal court in Kansas City. Since the national class action has been dismissed, the only case before the court in this trial is the Kansas state class action. If you are a Kansas corn farmer who did not opt-out of the Kansas state class action and file an individual case, this trial is your trial.
May 25, 2017 ǀ Texas Credit Card Surcharge Litigation – The Fifth Circuit Court of Appeals remands the Firm’s Texas credit card surcharge case, Rowell v. Pettijohn, back to the district court in Austin, Texas, for further proceedings consistent with the Supreme Court’s decision in Expressions Hair Design, a case involving the virtually identical New York surcharge statute.
May 8, 2017 ǀ Packaged Seafood Antitrust Litigation – Firm files Second Consolidated Amended Complaint on behalf of twenty-seven (27) direct purchaser grocery wholesalers and retailers against Starkist, Bumble Bee, Chicken of the Sea, and their affiliates for artificially raising and fixing the prices of shelf-stable packaged tuna products (i.e., tuna in cans, pouches, and ready-to-eat servings) sold in the United States since at least 2004. That same day, Bumble Bee announced it will plead guilty for its role in the price fixing conspiracy and pay a fine of up to $81.5 million. This is the third guilty plea in this case.
April 5, 2017 ǀ Syngenta MIR 162 GMO Corn Litigation – The Kansas City federal judge dismisses the lone legal claim on which the national class action was based. This is a litigation game changer because there no longer is a national class action protecting corn producers’ legal rights. Unless a corn producer is located in Arkansas, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, Ohio, and South Dakota—where state class actions are certified—the only way the farmer can participate in the litigation and share in any potential recovery is to hire a lawyer and file an individual case.
April 4, 2017 ǀ Texas Credit Card Surcharge Litigation – The United States Supreme Court officially sends the Texas surcharge case, Rowell v. Pettijohn, back to the Fifth Circuit Court of Appeals for further consideration in light of the Supreme Court’s decision in Expressions Hair Design, the New York surcharge statute case.