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Agriculture Civil Procedure

Read Agriculture Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Rare Sighting of Successful Grable Removal Occurs in Missouri

Establishing federal jurisdiction through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms, Inc. v. Monsanto Co., No. 1:16-CV-299 SNLJ, 2017 WL 633815...more

Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture

Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend,...more

Food and Beverage News and Trends - March 2017 #3

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Milk industry executive calls for FDA action against plant milks. At a US...more

Disputed Federal Regulatory Duty Allows Federal Question Removal

by Reed Smith on

As we’ve mentioned before, we watch state-law litigation over genetically-modified organisms (“GMOs”) because they tend to produce interesting results on federalism issues such as preemption, since anti-GMO zealots often try...more

Food and Beverage News and Trends - March 2017

by DLA Piper on

Appeals court rejects lawsuit calling for mandatory “cage-free” egg labeling. On February 27, the US Court of Appeals for the Ninth Circuit rejected a lawsuit filed by two animal advocacy groups and six egg consumers who had...more

Food for Thought: A Review of 2016 Litigation

by Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Shepherding in a New Era in Section 11(b) Rights

by Bennett Jones LLP on

In R v Jones and Schmidt, 2016 ONSC 7388, a November decision of the Ontario Superior Court of Justice, the court found that unreasonable delays in bringing the case to trial were mostly attributable to the prosecution and,...more

New California Labor and Employment Laws for 2017

by Holland & Knight LLP on

Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016. Each becomes effective on Jan. 1, 2017, unless otherwise...more

DeCoster Rehearing Denied—Food and Beverage Company Executives Face Risks of Prosecution as Responsible Corporate Officers

by Katten Muchin Rosenman LLP on

A recent Eighth Circuit decision that two corporate officers must serve jail time for failing to prevent the distribution of contaminated eggs despite the fact that they did not know the eggs were infected reaffirms...more

South Carolina Court of Appeals, in Montgomery v. Spartanburg County Assessor, Reverses Prior Administrative Law Court Order...

by McNair Law Firm, P.A. on

The South Carolina Court of Appeals’ recent opinion in Montgomery v. Spartanburg County Assessor provides an interesting discussion of the definition of “fair market value for agricultural purposes” in connection with South...more

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal...more

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

by Carlton Fields on

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

Court Holds That There Was No Harm In Failing To Submit A Breach Of Fiduciary Duty Question To A Jury

by Winstead PC on

In Gengenbach v. Rodriguez, a defendant alleged a counterclaim for breach of fiduciary duty arising from a farming operation. No. 13-14-00711-CV, 2016 Tex. App. LEXIS 12289 (Tex. App.—Corpus Christi November 17, 2016, no pet....more

“Use in Commerce”: Look Before You Leap

by Orrick - NorCal IP Group on

Order Granting Motion to Dismiss, With Leave to Amend, Stag’s Leap Wine Cellars, LLC, et al. v. Treasury Wine Estates Americas Co., 16-cv-04922-RS (Judge Richard Seeborg) - Plaintiffs in trademark cases may be tempted to...more

Missouri appellate court rejects ‘ingredient list’ defense in food labeling case

by Thompson Coburn LLP on

As Missouri’s reputation as a plaintiff-friendly venue increases, a state appellate court has dealt a blow to food manufacturers facing suits under the state’s consumer fraud statute regarding claims made on their products’...more

$18 Million Fine Levied for Campaign Finance Violation in Washington State

by Perkins Coie on

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

D.C. Court Dismisses Dispute Over Reinsurance Of Federal Crop Insurance Program

by Carlton Fields on

On September 20, a federal district court in the District of Columbia dismissed a lawsuit brought by reinsurers of the federal crop insurance program. The plaintiffs-reinsurers alleged that the Federal Crop Insurance...more

Food and Beverage News and Trends - October 2016 #2

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. WHO announces support for taxes on sugary drinks. The World Health...more

The Location of Old McDonald’s Beehives Are Trade Secrets: Database Showing “Realistically” Ascertainable Locations Entitled to...

To qualify as a trade secret under either the UTSA or the DTSA, the information in question must not be “readily ascertainable” through “proper means.” But what does “readily ascertainable” mean?  If information is...more

U.S. Court of Appeals Blocks New OSHA Fertilizer Rules Because of Improper Rulemaking

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration failed to go through the proper rulemaking process before mandating retailers to implement new stricter storage standards for anhydrous ammonia fertilizer, the U.S. Court of...more

Employment Law - September 2016 #2

California Appellate Court Moves Associational Disability Claims Forward - Why it matters - Recognizing associational disability claims, a California appellate panel ruled that an employee's claim for disability...more

Leaving a Tart Taste in One Processor’s Mouth: Court Dismisses Claims of a Plaintiff Subject to the Tart Cherry Order

by Varnum LLP on

Agricultural law can often be complicated, but it is not always this "tart." Burnette Foods, a tart cherry processor in Michigan, has found itself in an ironic position: it is subject to a law that was enacted with...more

Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class

by Carlton Fields on

On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more

Food and Beverage News and Trends - August 2016 #2

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - GMO labeling bill enacted into federal law. On July 29, President Barack...more

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