Federal Judge Allows Lawsuit to Continue Against Hog Farm

Hog farm with small pigs in a confined system. Image is by United Soybean Board.

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            Late in 2020, we had a North Carolina Hog Farm Litigation settlement that ended several lawsuits filed against Murphy-Brown, LLC and Smithfield Foods.  In May 2020, neighboring landowners filed a new set of federal lawsuits against Murphy-Brown and Smithfield, the same defendants in the prior lawsuits.  Similar to the previous lawsuits, neighbors sued the companies that the farms grow for, not the actual hog farms themselves.  In these lawsuits, the neighbors used legal theories based on trespass and negligence and not around nuisance.  Recently, the federal judge hearing the lawsuit allowed it to continue and ruled the state’s right-to-farm law did not apply, though providing a defense in this case to the trespass and negligence claims.  The judge also dismissed two other claims brought by the neighbors. 

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Pesticide Drift and Your Legal Liability

 

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Image of round bales in a field.  The image is by Tana Griffith 

 

I recently contributed a column to Progressive Forage magazine for the April 2018 edition.  The column covers issues associated with pesticide drift and forage production.  The column covers previous court decisions involving pesticide drift liability to give an applicator a sense of what courts are looking at in determining liability.  Finally, the column covers what you should do if you suspect drift damage. Continue reading