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 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.
March 29, 2017 ǀ Texas Surcharge Litigation – The United States Supreme Court unanimously holds that the New York statute barring merchants from adding credit card surcharges—which is virtually identical to the Texas statute—is indeed a statute regulating free speech, rather than simply a price restriction statute. Here is the Court’s opinion in Expressions Hair Design v. Schneiderman, 581 U.S. ___ (2017). The next—and bigger—question is whether the New York statute actually violates the First Amendment. The Supreme Court left that question unresolved for now—sending it back to the Second Circuit Court of Appeals to decide. As the first surcharge statute case filed, Expressions Hair Design is the standard bearer for all of the other cases seeking repeal of similar statutes, including the Texas case. The Supreme Court will likely send the Texas case, Rowell v. Pettijohn, back to the Fifth Circuit Court of Appeals for further consideration in light of the Expressions Hair Design decision. While there is still work to be done, today is a good day for Texas merchants.
March 26, 2017 ǀ Syngenta MIR 162 GMO Corn Litigation – The deadline for corn producers to submit their Class Action Exclusion Request Form to opt out of the class action and pursue an individual case is April 1, 2017. The Court will only accept an Exclusion Request Form with an original signature. Scans and faxes will not be accepted. Original Exclusion Request Forms should be mailed to Syngenta AG MIR 162 Corn Litigation, c/o Analytics, LLC, P.O. Box 2007, Chanhassen, MN 55317-2007. The envelope containing the Exclusion Request Form must be postmarked on or before April 1, 2017 or it may be rejected. For more information, including the advantages of opting out of the class action and pursuing an individual case, please check out our dedicated case website, www.syngentagmobadcornlawsuit.com.