Agriculture Civil Procedure Civil Remedies

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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

From Dusk to Dawn: Battle Looming Over USDA Changes to Sunset Provision of Organic Rules

The USDA is facing a lawsuit in federal court stemming from its decision to unilaterally alter the process for exempting synthetic and non-organic substances used in producing organic food. Until September 2013, substances...more

Vineyard's Attorney Fees Claim Turns Into Sour Grapes

In Belle Terre Ranch Inc. v. Wilson, 2015 DJDAR 506, the California Court of Appeal for the First Appellate District decided an agricultural trespass action involving an attorney fees claim....more

Food Litigation Newsletter - December 2014 #2

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Mott’s Defeats Class Certification in Apple Juice Labeling Fight ..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more

Food Litigation Newsletter - October 2014 #2

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Court rules that ‘Kosher’ suit poses religious question; dismisses with prejudice ..Settlement terms approved in stevia sweetener...more

House Passes Healthy Forests Bill That Would Amend ESA With Respect To Forest Reserve Projects

On September 20, 2013, H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, was passed by the House of Representatives by a vote of 244-173. Shortly thereafter, the bill was referred to the Senate Committee...more

Food Litigation Newsletter - July 9, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Cites “Catalyst” Theory to Award Attorneys’ Fees for Label Changes ..Class Settlement Preliminarily Approved in Barbara’s Bakery “All Natural”...more

Organic Seed Growers & Trade Ass'n v. Monsanto Co. (Fed. Cir. 2013)

Somewhat lost in the hubbub over the Supreme Court's ruling in AMP v. Myriad was the Federal Circuit's decision, just a few days earlier, in Organic Seed Growers & Trade Ass'n v. Monsanto Co. That case is the latest windmill...more

Patent Watch: Organic Seed Growers & Trade Ass'n v. Monsanto Co.

"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: The Equal Access to Justice Act - A valuable tool for...

Many farmers are all too familiar with the Risk Management Agency’s (RMA) role in administering the federal crop insurance program. In addition to promulgating regulations, drafting policies, and issuing bulletins affecting...more

Animal Law Update

Animal Law Update article November 2010...more

Animal Law Update

Animal Law Update - August 2010...more

1976 of 2010 - Hemant Goswami vs. Union of India

Petition Against Introduction of GM Foods

The petition reads, “The Ministry of Environment and Forestry issued a notification citing the provisions of Section 6, 8 and 25 of the ‘Environment (Protection) Act’ and brought into existence a Genetic Engineering Approval...more

Commonwealth of Pennsylvania, Department of Agriculture vs. Scott Fay, et al.

Answer to Petitioner Scott Fay's Petition for Contempt and Request For Injunctive Relief And Respondent Department of...

Answer to Petitioner's petition for contempt against Department of Agriculture for alleged breach of a Settlement Agreement, which was made an Order of Court, with New Matter alleging four counts of contempt against...more

Fees Must Be Allocated Between Successful and Unsuccessful Claims in the Pigford Litigation

The pigford litigation involved a group of African American farmers who alleged the U.S. Department of Agriculture denied them farm loans and otherwise discriminated against them based upon their race. One of those farmers,...more

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