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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.
With 2018 over and 2019 underway, I want to take a minute to look back at many of the top legal developments impacting agriculture in 2018. Many of these legal developments may seem like repeats from my 2017 update; click here. For those interested embedded above is a join podcast episode I did with Tiffany Lashmet covering the top ag law developments. With those repeated issues, in many cases, we have seen resolutions, and we will probably continue to see litigation further develop with a few problems in 2019. Moving into 2019, we will likely see new issues emerge as a new Farm Bill is implemented and further developments in the international trade area. If you have not already signed up for updates, see the bottom of this post or any post on this site to get email updates sent to you as new content is available. Continue reading →
Hogs in hog barn. Image by Kevin Chang via flickr.com
The article is not a substitute for legal advice.
News broke recently of a $50 million jury verdict* for damages caused to neighbors of a large hog farm in North Carolina. The jury found that the hog farm was a nuisance to neighboring landowners. When many of us this saw this verdict, you may have had a similar thought to me: shouldn’t a state’s right-to-farm law should provide the hog farm a defense in this case. Before the jury’s verdict, the federal district judge hearing the case ruled that North Carolina’s right-to-farm law would not apply in this case. The judge ruled that there had not been a change in the condition in the area that would have allowed the right-to-farm law to act as a defense to the nuisance claims. Continue reading →