Updated: Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?

Harvesting corn in Maryland with combine dumping grain into truck. Image by the Chesapeake Bay Program.

            A number of you have asked when potential Syngenta settlement checks would be released to growers.  In late 2018, the settlement order was approved for the $1.51 billion MIR162 Syngenta settlement.  Based on the final order, payments to producers should have started going out in the second quarter of 2019.  At this time that has not happened, but recently the Settlement website has been updated to reflect to show that class members can expect to see class determinations will go out in July 2019 that will show their compensable recovery quantity.  Other producers who did not supply enough information, should have gotten notices of rejection in June 2019.  Payment timing is expected to be at the earliest February 2020.

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Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?

A farmer harvests corn in Queen Anne’s County, Md. Photo by Will Parson/Chesapeake Bay Program

The article is not a substitute for legal advice.

            A number of you have asked when potential Syngenta settlement checks would be released to growers.  In late 2018, the settlement order was approved for the $1.51 billion MIR162 Syngenta settlement.  Based on the final order, payments to producers should have started going out in the second quarter of 2019.  At this time that has not happened due to a number of unresolved appeals which could impact the final settlement.  Till these issues are resolved or we have more information, Mid-Atlantic growers should remain patient.

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Year in Review: 2018 Ag Law Developments

Image of White Fence by Zach Stern via flickr.com

This is not a substitute for legal advice.

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

Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May

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Corn harvest with combine dumping onto grain cart.  Image  by United Soybean Board.

This post is not legal advice.

On April 10, 2018, a federal district court judge granted preliminary approval to the $1.51 billion MIR162 Syngenta settlement. This settlement, reached in September 2017 and officially announced in March 2018, would settle claims by U.S. farmers for Syngenta bringing Viptera and Duracade corn varieties to market before approval in China. This approval means corn growers region will begin to see formal notices hitting their mailboxes in May, and the claims process will begin. Corn growers and eligible landlords will be able to file claims electronically beginning May 11, 2018, at www.cornseedsettlement.com, or by calling 1-833-567-CORN(2676) to request a paper form. Corn growers and eligible landlords will need to file a claim by October 12, 2018. Continue reading

Syngenta Announces $1.51 Billion Dollar Settlement to MIR162 Class Action Suit

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Corn being harvest in a field by a combine.  Image is by the United Soybean Board.

The article is not a substitute for legal advice.

In September 2017, Syngenta agreed to settle claims brought by U.S. farmers for bringing Viptera and Duracade corn varieties to market before approval in China. On March 12, 2018, Syngenta formally announced that it would be settling all U.S. corn growers, grain handlers, and ethanol plant claims. This settlement, from media reports, will include all U.S. corn farmers including those who opted out of the original class action suit and those who grew Agrisure Duracade Corn and/or Agrisure Viptera corn varieties. The settlement will be for a period starting after September 15, 2013, and continue through the 2018 crop year. You are not required to retain an attorney to assist you in collecting on this settlement. Continue reading

2017 in Review: Legal Developments In Agriculture

 

2017 ag law developments

Image in photo from powerpoint slide developed by FPPT.com

 

With 2017 coming to an end, I want to take a minute to look back at many of the top legal developments impacting Maryland agriculture in the year. Many of these legal developments may seem like repeats from my 2016 update, click here to see. With those repeated issues, we in many cases have seen resolutions in a few, and with others, we will probably continue to see litigation further develop with a few issues in 2018. Moving into 2018, we will probably see new issues develop as we look at a new Farm Bill debate and cycle potentially starting.  You can listen to Tiffany Lashmet and I discuss many of these top legal developments on our joint podcast episode, click here. Continue reading

Proposed Settlement of Claims Against Syngenta May Not Apply to Maryland and Delaware Corn Growers, But A Future Settlement Will Settle Claims Nationwide

 

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Grain silos with bare field.  Image by Jeannette E. Spaghetti via Flickr.com

 

Disclaimer:   Paul does not take any position on the claims asserted against Syngenta or on whether producers join in a  class action lawsuit against Syngenta.  This article is for informational purposes only.

On September 26, 2017, Syngenta agreed to settle claims brought by U.S. farmers for bringing Viptera and Duracade corn varieties to market before approval in China. News of the settlement came after weeks of a trial involving about 22,000 Minnesota corn growers seeking $400 million in damages, following a settlement in June where a jury awarded over 7,000 Kansas corn growers $218 million in damages. While terms of this late September settlement are currently unknown, reports are that Syngenta is seeking to establish a fund of around $1.5 billion to settle this ongoing litigation. These class action lawsuits currently involve corn growers who priced corn after November 18, 2013, and who did not purchase Viptera or Duracade corn varieties.
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Forthcoming Article: Adapting to the Changing World of Biotechnology: Syngenta AG MIR162 Corn Litigation as Regulation-By-Litigation

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In late 2016, I got the opportunity to speak at the Texas A&M Law Review’s Symposium on Agriculture, Intellectual Property, and Feeding the World in the 21st Century. During the symposium, I spoke on a panel with Andrew Morton, Morton Farms, and Prof. Joanna Sax, Professor of Law, California Western School of Law, and the panel was moderated by my former ag law professor, Drew Kershen, Earl Sneed Centennial Professor of Law Emeritus, University of Oklahoma, College of Law. Continue reading

Corn Producers in Maryland and Delaware Have Till April 1 to Decide Stay or Opt Out of the Syngenta AG MIR162 Corn Litigation

 

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Image by Nyttend via wikicommons

 

This post is not legal advice. 

Time is running out for Delaware and Maryland producers to make a decision on staying in the current Syngenta AG MIR162 Corn Litigation or opting out to pursue individual claims against Syngenta. Currently, Delaware and Maryland corn producers have until April 1, 2017, to make this decision. Continue reading