|
 |
|
|
|
| Results | ||||||
Representative Cases Representative Clients Client Testimonials |
Byone, et al. v. Monsanto Company, et al., 273 F.3d 373 (5th Cir. 2001): An attempted certification of nationwide class of soybean growers was defeated involving allegations that the transgenic glyphosate-tolerance trait in soybeans had reduced crop yields. Subsequently, the firm won summary judgment dismissing the individual claims for fraudulent and tortious misrepresentation. Results were upheld on appeal. Purvis, et al. v. Stoneville Pedigreed Seed Company The firm won a bench trial for Stoneville where growers alleged claims of defective cotton seed. The core issue, litigated with mixed results elsewhere throughout the country, was whether the warranty language was legally sufficient to disclaim commercial liability for crop losses resulting from an undisclosed developmental condition. At the conclusion of the trial in the U.S. District Court for the Western District of Louisiana, the court upheld the warranty defense in its entirety. The result was upheld on appeal. McClelland v. Pharmacia Corp. Firm attorneys won summary judgment against product liability claims alleging non-performance of herbicide. Motion established that prior federal crop disaster claims based on excessive rains precluded alleged crop failure attributable to herbicide. Monsanto Company v. Thomason et. al. The first case of its kind, firm attorneys won summary judgment for infringement of patents on insect-resistant trait in cotton seed. The firm also won a jury trial on the issue of willful infringement, and was awarded reasonable royalty, attorney’s fees, and costs. Monsanto Company v. Trantham The firm won summary judgment that patents were infringed on Monsanto’s glyphosate-tolerant soybeans and stacked-trait cotton seed. Also, the firm won a jury trial on the issue of willful infringement and awarded reasonable royalty, enhanced damages, attorney’s fees and costs. Odom Farm Services, Inc. v. NutraSweet Kelco Company, unpublished Adversary Proceeding No. 96-01036-JSD US Bankruptcy Court. SD Georgia (Augusta): Obtained judgment as a matter of law following a bench trial in bankruptcy court. The plaintiff alleged that a NutraSweet waste byproduct licensed as a plant food destroyed the soil pH of his farm rendering the land unsuitable for crop production. The facts established at trial demonstrated plaintiff used poor agronomic practices and failed to properly fertilize and lime his fields. Slusser v. Monsanto Company The Arkansas Supreme Court affirmed the grant of summary judgment by the trial court in favor of Monsanto in the seminal case interpreting Arkansas’ seed arbitration statute. The Court held that the trial court lacked subject matter jurisdiction to hear plaintiffs’ defective seed claims because plaintiff failed to timely file a seed arbitration complaint with the Arkansas Plant Board as required by Ark. Code. Ann. 2-23-102(a). The requirement was a condition precedent to filing suit. The Agricultural & Agribusiness Practice Group has also successfully handled product liability claims involving numerous agricultural and horticultural crops, such as alfalfa, corn, cowpeas, cucumbers, pumpkins, roses, strawberries, sunflowers, and wheat, to name a few. This Group’s practice is truly national in scope - they have handled cases in 31 states and have the experience required to effectively analyze production environments and practices in every area of the country. |
|||||