Crop Damage Claims - Lamson Dugan & Murray LLP

30 Oct, 2020

Overturning a Crop Insurance Arbitration: The Struggle is Real

Sean Minahan2020-11-03T14:49:14-06:00October 30th, 2020|Arbitration, Crop Damage Claims, Crop Insurance, Midwest Agricultural Law|

Ask anybody who has attempted to overturn an arbitrator's award in a crop insurance arbitration; the struggle is real even when the arbitrator is dead wrong. Crop insurance arbitration is held to the standards of the Federal Arbitration Act (the "Act"). The Act strictly prohibits overturning an arbitration award unless "the arbitrators exceeded their powers, or so imperfectly executed them that a mutual final, and definite award upon the subject [...]

13 Nov, 2017

Turning Friends into Foes: Legal Fallout from Monsanto’s Dicamba

Sean Minahan2018-04-23T18:22:19-05:00November 13th, 2017|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Government Regulations, Midwest Agricultural Law|

Monsanto's dicamba has turned friendly neighbors into legal foes due to crops damaged by dicamba's inability to stay where it is supposed to be. With the soybean harvest basically complete, we are seeing more and more claims filed and litigation initiated. Farmers are calculating the effect that dicamba applied by a neighbor may have had on their fields. States like Arkansas, Minnesota, North and South Dakota, Tennessee and Indiana are [...]

13 Nov, 2015

Crop Insurance Claim Denied? Steps to Take Before Weathering the Arbitration Storm

Sean Minahan2018-04-23T18:22:20-05:00November 13th, 2015|Construction Contractor Advisor, Crop Damage Claims, Crop Insurance, Farm Management, Government Regulations, Midwest Agricultural Law|

Every year, certain portions of the Midwest get pounded by bad weather causing bad yields or outright crop loss. This year, several states encountered above average rainfall preventing several million acres from being planted. At one point this summer, Missouri alone had approximately 4 million acres of un-planted corn and soybean acres. During times of devastating weather, many producers rely on their crop insurance policies to mitigate crop [...]

19 Aug, 2014

Water is for Fighting Over: Nebraska Farmers Sue for Water Diverted to Kansas

Sean Minahan2018-04-23T18:22:20-05:00August 19th, 2014|Construction Contractor Advisor, Crop Damage Claims, Government Regulations, Midwest Agricultural Law, Water Law|

Many have heard the quote attributed to Mark Twain over a 100 years ago: "Whiskey is for drinking; water is for fighting over." Those words are as true today as they were a century ago. Four South Central Nebraska farmers have decided to take their fight over water to court. The farmers allege they lost yields because the State diverted water away from the farmers' irrigation supply to comply with [...]

25 Jun, 2014

Mother May I? Always Get Permission When Deciding Whether or Not to Replant

Sean Minahan2018-04-23T18:22:21-05:00June 25th, 2014|Construction Contractor Advisor, Crop Damage Claims, Crop Insurance, Farm Management, Midwest Agricultural Law|

Approaching Storm Every spring and early summer, heavy rains, hail, and tornadoes force Midwest farmers into a game of "Crop Insurance Mother May I" regarding whether they will replant damaged crops. For crop insurance purposes, permission is almost always necessary when deciding whether to destroy and replant the damaged crop or destroy the damaged crop and plant a new crop. When facing a replant decision remember the following: "When a crop is damaged and it [...]

4 Jun, 2014

Follow-Up On Australian Genetically Modified Crop Contamination Lawsuit

Sean Minahan2018-04-23T18:22:21-05:00June 4th, 2014|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Midwest Agricultural Law, Organic and All Natural|

The landmark case has been decided in favor of genetically modified ("GM")crop production. As described in It Was Bound to Happen, Steve Marsh sued his neighbor, Michael Baxter, for alleging his organic fields were decertified because of contamination from Baxter's Roundup Ready canola. canola field Marsh never grew canola, and the scientific evidence presented at trial proved "none of the Marshes crops or sheep...could acquire any genetic traits of Roundup [...]

21 Feb, 2014

It Was Bound to Happen: Farmer Sues Neighbor for GMO Contamination

Sean Minahan2018-04-23T18:22:21-05:00February 21st, 2014|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Farm Management, Government Regulations, Midwest Agricultural Law, Organic and All Natural|

Everybody saw it coming. Sooner or later an organic farmer was going to sue a neighbor for genetic contamination of an organic crop. It has happened in Western Australia when Steve Marsh sued his neighbor, Michael Baxter, for allegedly contaminating Marsh's organic fields. RT.com The case will be monitored as groundbreaking for future cases worldwide. Marsh alleges that wind blew Baxter's Roundup Ready canola onto Marsh's farm resulting in a loss of organic [...]

6 Aug, 2012

After Instant Replay Review: Pesticide Drift Is Not a Trespass in Minnesota

Sean Minahan2018-04-23T18:22:22-05:00August 6th, 2012|Construction Contractor Advisor, Crop Damage Claims, Midwest Agricultural Law|

Almost one year ago, I reported in this blog, that the Minnesota Court of Appeals ruled "unwanted pesticide drift...can constitute a trespass" in favor of organic producer, Oluf Johnson. The defendant, Paynesville Farmers Union Cooperative, tossed the red flag and requested an instant replay review. After review, the Minnesota Supreme Court ruled pesticide drift cannot, as a matter of law, constitute a trespass. The Minnesota Supreme Court didn't exactly overturn a touchdown. The Court emphasized pesticide drift cases are nuisance [...]

24 Feb, 2012

Pesticide Damage Claims: Nebraska Supreme Court Sets Evidence Standard

Sean Minahan2018-04-23T18:22:23-05:00February 24th, 2012|Construction Contractor Advisor, Crop Damage Claims, Farm Management, Midwest Agricultural Law|

The recent Nebraska Supreme Court's decision in Lesiak v. Central Valley Ag Cooperative (CVA) provides an evidence standard for pesticide damage claims against applicators. In Lesiak, the Nebraska Supreme Court discussed burdens of proof, implied services warranties, the economic loss doctrine, blah, blah, blah, blah........zzzzzzzzzzzzzzzzzzz. You are asleep aren't you? I get it. However, those involved in crop damage cases (especially lawyers) need to know what kind of evidence is necessary to get the claim [...]