Insights

Syngenta Mass Tort Litigation Update

  1. Joint Press Release

 Plaintiffs and defendants in the Syngenta MIR 162 Corn Litigation have reached a pending settlement to resolve litigation concerning the launch of Syngenta’s Agrisure Viptera and Agrisure Duracade corn traits.

The settlement, which is subject to court approval, would establish a settlement fund for the submission of claims by eligible claimants who contracted to price corn or corn by-products after September 15, 2013.  Information concerning the settlement fund, claims process, and other details will become available after the parties execute and submit the proposed settlement agreement and other papers to the court later this year.

The proposed settlement would allow both sides to avoid the uncertainty of ongoing litigation.   The settlement does not constitute an admission by either side concerning the merits of the parties’ allegations and defenses.

  1. Q&As

Why are the parties settling?

The Syngenta MIR 162 Corn Litigation began in the fall of 2014 and was expected to continue for several years.  The settlement would allow both sides to avoid the uncertainty of ongoing litigation.

What is the amount of the settlement?

The parties have agreed to keep the amount of the proposed settlement confidential until the execution and submission of the proposed settlement agreement and other papers to the court.  That submission will occur later this year and will be publicly available in connection with plaintiffs’ motion for preliminary approval of the settlement.

Who is covered by the proposed settlement?

The settlement, which is subject to court approval, would resolve litigation concerning the launch of Syngenta’s Agrisure Viptera and Agrisure Duracade corn traits.  The settlement would establish a settlement fund for the submission of claims by eligible claimants who contracted to price corn or corn by-products after September 15, 2013.  Information concerning these and other details will become available after the parties execute and submit the proposed settlement agreement and other papers to the court later this year.

What if a person does not want to settle?

Both sides fully support the entry of the proposed settlement as a fair and reasonable resolution of litigation concerning the launch of Syngenta’s Agrisure Viptera and Agrisure Duracade corn traits.  Information concerning the participation and claims process, including questions concerning the ability to opt out of the settlement, will become available after the parties execute and submit the proposed settlement agreement and other papers to the court later this year.

  1. Court Statement to Jury

Members of the Jury:  The Court wishes to inform you that the trial of this case is being adjourned because the parties have reached a mutually agreeable resolution, which means that your service as jurors is complete and you will not need to return back tomorrow.  Your service has been important to the resolution of this case.

Both the parties and the Court thank you for your service over the course of this trial.

Speaking Engagements

December 6, 2017 David Barrett will speak on Contracts, Structure, Issues and Performance at the 2018 Michigan Dry Bean Outlook Conference.  DoubleTree Hotel, Bay City, Michigan.

January 8, 2018 David Barrett will speak on Grain Contracts and Contracting at the Michigan Agri-Business Association 85th Annual Winter Conference & Trade Show.  Lansing Center, Lansing, Michigan.

January 18, 2018 1:00-4:00 p.m.  Russell Cunningham will speak for Union County OSU Extension Office & Farm Credit’s presentation of “Farmland Successor Workshop“. The guest speakers will be Chris Bruynis, OSU, Ext Ross County, Russell Cunningham, Attorney and OSBA Certified Specialist in Estate Planning, Trust and Probate Law with Barrett, Easterday, Cunningham and Eselgroth, LLP and Richard K Shirer, CLU, LUTFC, CLTC.  Union County Services Building, 940 London Ave., Marysville, OH 43040.  Pre-Register by Tuesday, January 16, 2018, by calling 614-932-0854 or emailing richard_shirer@glic.com

February 20, 2018 1:00-4:00 p.m. Russell Cunningham will speak for Marion County OSU Extension Office agent Timothy Barnes’ presentation of “Farmland Succession/Estate Planning Workshop” with speakers Chris Bruynis, OSU Extension Educator and Richard K. Shirer, CLU, LUTFC, CLTC.  Prospect Room of the Marion County Building, 222 West Center Street, Marion, OH 43302-3646.  Pre-Register by Monday, February 19, 2018, by calling 614-932-0854 or emailing richard_shirer@glic.com

NGFA Information

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