Agriculture Civil Procedure

Read Agriculture Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Appetite for Litigation: Why Plaintiffs’ Lawyers Hunger for Food-Labeling Lawsuits

The food industry has become a fertile ground for class action lawsuits over the last few years and shows no signs of slowing down. New cases are decided daily. There are several factors that drive this trend and that are...more

Third Circuit Affirms First-Filed Rule to Nix Toxic Tort Forum Shopping

Chastising the Plaintiffs for forum shopping, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to dismiss a matter with prejudice on the grounds that the Plaintiffs had previously...more

Assignments Of PACA Claims: New Opportunities For Unpaid Produce Sellers, Credit Insurance Companies, Claims Purchasers & Others

The Perishable Agricultural Commodities Act (“PACA”) is an invaluable tool for produce sellers to ensure repayment for goods sold and delivered. Traditionally, it has been used by sellers of produce to recover against...more

Limiting Tort Liability for Cannabis: Failure to Warn Part I – the LivWell Lawsuit

On Oct. 5, 2015, two plaintiffs filed a class action lawsuit in Denver against the owner of a large cannabis grow facility, LivWell. They assert that LivWell used a purportedly dangerous fungicide on its cannabis plants...more

Sixth Circuit Grants Summary Judgment as to Class, Based on FLSA Agriculture Exemption

Is the saying “fish or cut bait” dead? If you are ever in need of sleep, pull out your copy of the U.S. Code and traipse through the exemptions contained in section 13 of the FLSA, 29 U.S.C. § 213. We’re all familiar with the...more

Ninth Circuit Vacates EPA’s Unconditional Registration for the Neonicotinoid Pesticide Sulfoxaflor Based on Hazard to Bees

In an opinion issued on September 10, 2015, the U.S. Court of Appeals for the Ninth Circuit vacated the U.S. Environmental Protection Agency’s (EPA) unconditional registration for the pesticide sulfoxaflor and remanded the...more

EEOC Wins Jury Verdict of over $17 Million for Victims of Sexual Harassment and Retaliation at Moreno Farms

Florida Farm Managers Subjected Women Workers to Coerced Sex, Groping and Verbal Abuse, Then Fired Them for Objecting, Federal Agency Charged - MIAMI -- A federal jury has returned a unanimous verdict awarding a total of...more

Homebuilders Welcome Recent Court Decisions

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

California Drought Prompts Bout Among Regulators and Farmers

As the drought drags on and lawns grow brown across California, a battle is raging over the scope of the State Water Resources Control Board’s authority to restrict the diversion of water from rivers, lakes and...more

EEOC’s “Reverse” National Origin Discrimination Suit Survives Motion to Dismiss

This week, a federal district court ruled that the U.S. Equal Employment Opportunity Commission (EEOC) made sufficient factual allegations of intentional discrimination against a local farming company to survive a motion to...more

Court Holds Company Was Penalized Twice for Same Violation

The North Carolina Court of Appeals recently issued an opinion that should help clear up this question: When violations of water quality standards occur because of an unauthorized discharge, may penalties be imposed for both...more

Rice Capades: Court Certifies a Class of Lead Lawyers Against Defendant Law Firms Who Allegedly Used the Class’s Work Product in...

The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by...more

N.C. Court Reminds Litigants of Need to Preserve "Status Quo" When Appealing Denial of Preliminary Injunction

Today, we're looking at Shoeheel Farms v. City of Laurinburg, COA14-1089 (August 4, 2015). The Court of Appeals dismissed as moot property owners' appeal of a trial court's decision denying a temporary restraining order and...more

Expanding Your View of Takings Law

As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

California Appellate Court: CDFW Notification Required for Water Diversions

Any plans to “substantially divert” water from a river or stream requires notification to the state Department of Fish and Wildlife, the California Court of Appeal found. In reversing a lower court’s decision that favored...more

Release of Personal Information Called ‘Unlawful’ and a ‘Threat to Privacy’ in Appeals Brief

After a federal district court dismissed a case filed against the EPA, thereby upholding the validity of the EPA's public release of personal information about farmers and their families, the American Farm Bureau Federation...more

Fish & Game Code Section 1602 Is Unambiguous, Now Requiring More Water Users To Provide “1602 Notification” To “Substantially...

On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual...more

Litigants Challenging PTO Decisions in District Court Should Be Prepared to Pay PTO’s Attorneys’ Fees - Shammas v. Focarino

Addressing the issue of attorneys’ fees in connection with a district court challenge of the U.S. Patent and Trademark Office’s (PTO’s) decision to reject a trademark registration, the U.S. Court of Appeals for the Fourth...more

EPA and Corps Final Clean Water Rule’s Potential Impacts on Farming

The Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a final rule on May 27, 2015, that purports to clarify the definition of “waters of the United States” under the Clean Water Act...more

Kraft Moves to Dismiss Novel CFTC Manipulation Claim

The CFTC accused Kraft Food Groups, Inc. and former parent Mondelez Global LLC with manipulation pursuant to Section 6(c)(1) of the Commodities Exchange Act and Regulation 180.1 promulgated thereunder. Regulation 180.1 makes...more

Canada Retaliates Against U.S. Country of Origin Labelling Requirements

Since 2008, the Canadian government has challenged country of origin labelling (COOL) requirements imposed by the United States Department of Agriculture (USDA). On May 18, 2015, the World Trade Organization (WTO) Appellate...more

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

Locke Lord QuickStudy: “Certified Organic” — A Shield For Defendants Or A Sword For Plaintiffs?

Manufacturers and retailers of organic food products should take note that the United States District Court for the Southern District of New York has held that federal law governing the certification of organic and natural...more

Beekeepers Abuzz After Court Allows Class Action to Proceed Against Regulator

A majority of the Federal Court of Appeal in Paradis Honey Ltd. v. Canada recently allowed a group of commercial beekeepers to proceed with a proposed class action against their government regulator. The court rejected the...more

118 Results
View per page
Page: of 5

Follow Agriculture Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.