4 Jun, 2014

Follow-Up On Australian Genetically Modified Crop Contamination Lawsuit

2018-04-23T18:22:21-05:00June 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 [...]

12 Mar, 2014

Crop Insurance Agents: No Rebates Allowed

2018-04-23T18:22:21-05:00March 12th, 2014|Construction Contractor Advisor, Crop Insurance, Government Regulations, Midwest Agricultural Law|

Incentives work.  Trust me, I use incentives all the time to get my three year old to sit still, eat his dinner, and stop asking me "why?"  So why don't you ever see crop insurance agents incentivizing clients with bargains on premiums? Incentives on crop insurance rates, no matter how small, are not allowed.  In the crop insurance world such incentives are called "rebates" and offering rebates is illegal under the Federal [...]

21 Feb, 2014

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

2018-04-23T18:22:21-05:00February 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 [...]

12 Feb, 2014

OSHA Backing Off Grain Bin Inspections

2018-04-23T18:22:21-05:00February 12th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

The fear of OSHA inspecting the storage facilities of small farming operations seems to have been quelled. In 2011 OSHA issued a memo which led some inspectors to believe they were authorized to inspect grain storage facilities on private farms.  The memo led to the inspection of a private grain storage facility in Atkinson, Nebraska resulting in approximately $132,000 in fines. In December, 2013, U.S. Senator Mike Johanns  (R-Neb.) drafted a [...]

30 Aug, 2013

RMA Removes “Normal Weather Condition” Requirement for Prevented Planting Eligibility…

2018-04-23T18:22:21-05:00August 30th, 2013|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Prairie Pothole Region MapUS Geographic Survey ...for acres found in the Prairie Pothole National Priority Area, which extends to regions of Iowa, Minnesota, Montana, North Dakota and South Dakota.  Beginning in 2014, acres planted in the Prairie Pothole region will be eligible for prevented planting payments if those acres were planted in at least one out of the last four years.  The acres are eligible even if one or more of those four years was [...]

13 Jun, 2013

Wet Weather Problems Pt II: Crop Insurance and Your Options

2018-04-23T18:22:21-05:00June 13th, 2013|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

  To plant or not to plant?  It is a question several farmers are facing this year in those areas of the Midwest where the rain hasn't let up and the rivers have overtopped their banks.  In some areas, the decision has been made for them.  In those areas where the fields are beginning to dry out, farmers are well advised to speak with their crop insurance agent to determine how their decision may [...]

7 Jun, 2013

Wet Weather Problems Pt. 1: Manure Application and Iowa Law

2018-04-23T18:22:21-05:00June 7th, 2013|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

This spring it rains 3 days for every 1 day it doesn't rain in Iowa.  At least it seems.   While the headlines concentrate on the delayed planting and replanting caused by flooded fields, livestock producers are scrambling to find ways to drain holding ponds filling up with rainwater.    Livestock operators can relieve pressure on the holdings ponds by applying the manure onto the neighboring fields.  Manure application is an important aspect of any operation's manure management plan and [...]

18 May, 2013

Supreme Court Ruling Protects Monsanto’s Patent For Round Up Ready Seed

2018-04-23T18:22:21-05:00May 18th, 2013|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

Old US Supreme Court Chamber in Capital Bldg   The U.S. Supreme Court ruled an Indiana farmer violated Monsanto's patent when he planted soybeans containing Monsanto's patented Round-Up ready genetics without paying Monsanto for the seed.  The Court emphasized the ruling was limited to seeds, but the decision may affect self-replicating technology outside the ag world.   Indiana farmer, Vernon Bowman, purchased Round-Up Ready soybeans from Monsanto for his first crop of the season.  However, starting in 1999, [...]

10 Dec, 2012

Written Livestock Production Contracts: Revisiting the Benefits Over the Handshake Deal.

2018-04-23T18:22:22-05:00December 10th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

  Hopefully they are saying "Hello" and not "It's a Deal". Almost exactly a year ago, I wrote a blog discussing important checklists for producers entering livestock production contracts, which you can revisit here.  This issue came to mind again when I learned of a recent lawsuit over a handshake deal between a livestock owner and contract grower.  The owner claimed $85,000 in damages when several of the owner's cattle became sick or died because the contract [...]

30 Nov, 2012

The Wrongful Death Lawsuit: 5 Points Every Rancher or Farmer Should Know

2018-04-23T18:22:22-05:00November 30th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Emergency medical helicopter taking off in rural field Every farmer and rancher knows their business is dangerous, and even with the utmost care, accidents happen.  When the accident is fatal a subsequent wrongful death lawsuit may not only affect the bottom line but can also bring emotional and social turmoil that a farming or ranching operation is not prepared for.  Fatal accidents can happen anytime, but here in Nebraska and Iowa, these [...]

8 Nov, 2012

GIPSA Enforcement: Failure to Pay When Due Violations are Low Hanging Fruit

2018-04-23T18:22:22-05:00November 8th, 2012|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

Cattle Chute In the past two months, there seems to be an uptick in violations of the Packers and Stockyards Act (P&S Act) for failing to pay, when due,      the full amount for livestock.  In fact, the U.S. Dept. of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) has issued ten press releases regarding such violations in that time period. Arguably, the violation for failing to pay, when [...]

13 Oct, 2012

And in this Corner: Preparing for Crop Insurance Arbitration

2018-04-23T18:22:22-05:00October 13th, 2012|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Farmer v. Crop Insurer I was hanging out in Midwesttown, USA the other day and came across a poster advertising an event held at the community center.  The poster read: FIGHT NIGHT! Jimmythe Farmer v. Craig Crop Insurer in a 12 round winner take all bout.  So I headed right over, laid down my money and walked in to a sold out fight.  It was a good fight with both fighters standing toe to toe [...]

19 Sep, 2012

CSR2 Effect on Iowa Land Values

2018-04-23T18:22:22-05:00September 19th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

In mid-August, Iowa's Natural Resource and Conservation Service (NRCS) began rolling out an updated version of the Iowa Corn Suitability Rating; now commonly known as CSR2.  Iowa farmers need to be aware whether CSR2 has been implemented on their land and how the updated rating may affect property taxation and land value. In 1971, a gentleman named Tom Fenton developed a rating to measure the potential productivity of the land based on soil type, slope characteristics and weather conditions [...]

6 Aug, 2012

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

2018-04-23T18:22:22-05:00August 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 [...]

30 Jul, 2012

HSUS’ Flank Attack on Gestation Crates Pt. II: Analyzing the Blueprint for HSUS’ Strategy

2018-04-23T18:22:22-05:00July 30th, 2012|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

HSUS is not the first group to go after hog operations for ammonia emissions.  The blueprint for HSUS' flank attack was established by earlier lawsuits against hog and poultry operations for violations of the Comprehensive Environmental  Response, Compensation, and Liability Act (CERCLA aka the Superfund law) and the Emergency Planning and Community Right-to-Know Act (EPCRA).  CERCLA and EPCRA do not limit pollutants but require reporting when specific quantities of specific substances are released into the environment.  CERCLA and EPCRA [...]

18 May, 2012

Avoiding Heat-Related Illness. There’s an App for That.

2018-04-23T18:22:23-05:00May 18th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

The month of May is upon us, bringing with it the beginning of summer's warm temperatures.  Which means it is once again time to remind outdoor workers about heat-related illness. Heat is more deadly in the U.S. than earthquakes, hurricanes, and tornadoes combined[1]. Between 1992 and 2006, heat caused the deaths of 423 crop workers[2]. Prevention is key to avoiding heat-related illness.  For starters, drink plenty of water and take [...]

19 Apr, 2012

Nebraska doesn’t allow prenuptial coercion to protect ag interest

2018-04-23T18:22:23-05:00April 19th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Family farms and ranches are built on generations of hard work, determination and a little bit of luck.  Considering all the sweat that goes into building a successful operation it is imperative for the farmer or rancher to have a plan to keep the operation in the family through situations such as death, divorce or dissolution.  There are several options and your attorney can help you pick out the best options for you and your operation.   With that said, you must [...]

10 Apr, 2012

Organic Farmers Appeal Monsanto’s Victory Regarding Patent Infringement Claims

2018-04-23T18:22:23-05:00April 10th, 2012|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

In mid-March I posted this blog summarizing Monsanto's victory over a group of farmers and producers.  The farmers were looking to prevent future patent infringment claims by Monsanto for inadvertent planting or harvesting seed contaminated by Monsanto's genetically modified seed.  The following telephone coversation occurred shortly after the judge ruled in Monsanto's favor:  Counsel for farmers: "Good afternoon, congratulations on obtaining the judgment in your favor, but surely you did not think we would [...]

5 Apr, 2012

Are You Adequately Covered For Ag Environmental Losses?

2018-04-23T18:22:23-05:00April 5th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

(First in a series of Insurance Issues for Agribusiness) POLLUTION EXPOSURE All farmers and agribusinesses have a potential pollution exposure.  Some of the largest risks can arise when transporting chemicals, operating heavy equipment or dealing with waste run-off from a hog or cattle operation.  Also fires can erupt that release potential harmful gases.  Smaller risks arise from spilled chemicals or noxious fumes.  Vandalism also can cause a pollution loss.  In [...]

15 Mar, 2012

Court Finds Monsanto Not Big Bad Wolf in Patent Infringement Claims

2018-04-23T18:22:23-05:00March 15th, 2012|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

We all know the story about the boy who cried wolf, and we all know the lesson learned in the story.  If not, shame on you and ask your kids.  A United States District Court recently found 62 farmer organizations and seed businesses were crying wolf in a recent lawsuit against Monsanto. The 62 organizations were organic and non-organic crop and seed producers who did not want to buy, plant, harvest, or sell patented and genetically [...]

24 Feb, 2012

Pesticide Damage Claims: Nebraska Supreme Court Sets Evidence Standard

2018-04-23T18:22:23-05:00February 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 [...]

25 Jan, 2012

Livestock Production Contracts: Checklist for Protecting Contract Growers

2018-04-23T18:22:23-05:00January 25th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

  Little by little, custom feeding arrangements secured by a handshake are going the way of the four-row planter.  As contract growers and livestock owners become more sophisticated the handshake is being replaced by the "Livestock Production Contract".  Approximately a week ago, I came across this Livestock Production Contract Checklist produced by the Iowa Department of Justice. The checklist provides 6 important issues a producer should understand and questions a producer should ask before [...]

16 Dec, 2011

Benefits of Conservation Easements: Preserving Farmland for Future + Tax Deduction

2018-04-23T18:22:24-05:00December 16th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

Set in a field along eastbound Interstate 80 traveling into Des Moines, Iowa is a set of 4 signs that read accordingly: Urban Sprawl; Ain't too Pretty; Save Our Farms; Build In The City.  The signs make a good point and a worthwhile plea.  However, a recent Iowa Farmer Today article pointed out farmers and ranchers can proactively perserve their land for future generations of farming with a conservation easement. To create a conservation [...]

9 Dec, 2011

Missouri River Valley Reconstruction

2018-04-23T18:22:24-05:00December 9th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

With the Missouri River back in its banks, farmers along the Missouri Valley are left wondering how to repair their farmland.  Scour holes and several inches of sand may hinder productivity in the affected areas for a long time if the land is not properly reconstructed.  Farmers must also consider how they will repair the land while staying in compliance with various Farm Bill programs. Flood affected farmers should plan to [...]

17 Nov, 2011

Child-labor and Agriculture: Proposed rules restrict youths’ access to agricultural jobs

2018-04-23T18:22:24-05:00November 17th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

In May, I wrote this blog about the dangers of children working in agriculture.  In the blog I warned that deadly accidents, such as the Mt. Carroll, IL incident last year, may bring increased federal regulation restricting child labor in agriculture.  It appears that warning has come to fruition. The Department of Labor has recently proposed revisions to the Fair Labor Standards Act for child farm workers, which will severely limit agriculture employment for [...]

24 Oct, 2011

Strange Bedfellows: Nebraska Farmers Union and Humane Society of the United States

2018-04-23T18:22:24-05:00October 24th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

I know I opened with a fairly obscure movie quote two weeks ago discussing communication between ag operators and insurance agents, which you can find here.  With that said, I am going to the well once more.  The recent agreement between the Nebraska Farmers  Union and the Humane Society of the United States (HSUS) reminded me of this scene in Ghostbusters regarding the upcoming end of the world. https://www.youtube.com/watch?v=O3ZOKDmorj0 Seriously check it out, I promise it [...]

10 Oct, 2011

Insuring the Operation Pt. II: Examples of miscommunication between agent and producer

2018-04-23T18:22:24-05:00October 10th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

If you remember correctly, Luke in "Cool Hand Luke" always ended up on the wrong end as  result of a "failure to communicate".  The following are two examples of livestock producers who also ended up on the wrong end as a result of communication break-downs between the producer and insurance agent. Example No. 1: A custom hog feeder lost 3,000 head of hogs to suffocation when the power failed in a hog confinement.  The owner [...]

28 Sep, 2011

Insuring the Operation Pt I: 5 tips to ensure you are properly insured.

2018-04-23T18:22:24-05:00September 28th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

"What we've got here is ... failure to communicate."  The iconic line of the prison captain to Luke in "Cool Hand Luke" resonates with me every time I am involved in a case between a farm or ranch operator and his/her insurance agent.  These types of cases come about when a disaster strikes and the insurance company denies a claim on the premise that the insurance policy did not cover the loss. The subsequent scene [...]

2 Sep, 2011

Crop Insurance, the 2012 Farm Bill and Natural Disasters; Preserving the Safety Net

2018-04-23T18:22:24-05:00September 2nd, 2011|Construction Contractor Advisor, Crop Insurance, Government Regulations, Midwest Agricultural Law|

Every time I turn on the Weather Channel it seems like another area of the country has been hit by a natural disaster.  Last week, Hurricane Irene struck the east coast resulting in extensive damage to the area's crop and livestock.  Farmers in the Midwestern states of Iowa, Nebraska, Kansas and Missouri are just beginning to discover the extent of damage to their fields caused by long term flooding of the Missouri River Basin.  Agricultural producers in [...]

12 Aug, 2011

Worker’s Comp and Nebraska’s Producers: What You Don’t Know CAN Hurt You — PART II

2018-04-23T20:50:33-05:00August 12th, 2011|Farm Management, Nebraska Litigation & Trial Advisor|

Failing to meet the Worker's Compensation Act requirement as outlined in Part I can result in some serious repercussions.  A Nebraska producer who fails to comply with even one of the Worker's Compensation Act's requirements can lose his/her exempt status and become liable under the Act. If you do become liable under the Act, and have a worker’s compensation policy in place, the Act provides the employee’s exclusive remedy. This means, among other things, that the employee cannot [...]

11 Aug, 2011

Worker’s Comp and Nebraska Producers: What You Don’t Know CAN Hurt You — PART I

2018-04-23T20:50:33-05:00August 11th, 2011|Farm Management, Nebraska Litigation & Trial Advisor|

If you operate a small farm or livestock operation in Nebraska, you are probably used tobeing exempt from providing worker’s compensation coverage to your employees. But in 2003, the Nebraska legislature changed the law. Although most small producers continue to be exempt under the 2003 amendments, the law imposes certain requirements that must be followed in order to keep exempt status. In particular, producers who only employ relatives, or employ less than ten full-time, non-related employees, can typically [...]

5 Aug, 2011

Relief from the Heat; Farm Bill program compensates for heat-related livestock deaths.

2018-04-23T18:22:24-05:00August 5th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

Breaking news...it's been hot across the Midwest for the past two weeks.  Okay, so it is not breaking news and it is not breaking news to livestock producers that the heat has stressed herds across the country.  The record low national cattle herd has been especially stressed with Iowa alone estimating between 3,400 and 4,000 heat-related cattle deaths.  Per Dan Pillar's Des Moines Register article found here. However, what many producers may not know is that a [...]

27 Jul, 2011

No Trespassing: Organic Producers Pushing Back on Overspray

2018-04-23T18:22:24-05:00July 27th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Pesticide applicators are starting to feel pressure from the expansion of organic production across the country.  Recent court decisions have landed in favor of organic producers in cases regarding pesticide overspray or drift which taints entire fields of organic crops.  While not new, these cases are becoming more common.  Most recently, the Minnesota Court of Appeals, for the first time, ruled that pesticides crossing property lines constituted a trespass and allows the property owner to collect damages. The case [...]

22 Jun, 2011

Two More Missouri River Flooding Problems: Grain Contracts & Flood Insurance

2018-04-23T18:22:24-05:00June 22nd, 2011|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

The producer's farming the approximate 450,000 acres of prime Nebraska and Iowa farmland along the Missouri River have to worry about at least two additional issues other producers may not worry about; obligations under forward grain contracts, and flood insurance coverage.      1)  Forward contracts bind a producer to deliver grain to a buyer at an agreed upon price at a specific time in the future.  Most contracts are not voided by natural disasters, which leaves the [...]

27 May, 2011

Children at Work: The Dangers of Child Labor and Agriculture

2018-04-23T18:22:24-05:00May 27th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Working in and around grain bins was just one of the many jobs I performed at a very young age while growing up on a farm just outside of Neola, Iowa.  Many times I worked those grain bins alongside friends the same age as myself and outside the scope of adult supervision.  I was reminded of this work when I came across a recent 60 Minute episode (found here) which questioned whether 12 year olds should be working [...]

8 May, 2011

Farm Equipment and the Road: Preventing Catostrophic Liability

2018-04-23T18:22:25-05:00May 8th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Midwesterners are used to sharing rural two lane highways with large farm equipment and tractor-trailers transporting crops and livestock.  Despite the familiarity, traffic accidents involving passenger cars and farm equipment or tractor-trailers occur every year which are sometimes horrific.  Liability from such accidents can literally force a farmer or rancher operation out of business if he or she has not taken the appropriate steps to protect itself from liability.  The following is a list of five steps a farmer or [...]

5 May, 2011

Crop Insurance Settlement v. Arbitration in Nebraska

2018-04-23T18:22:25-05:00May 5th, 2011|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

In Nebraska, the federal arbitration rules will apply even in cases that the farmer believes was settled. The Case: On September, 2010, the Nebraska Supreme Court ruled that two farmers would have to arbitrate their claim with Rural Community Insurance Company (RCIC) despite having an agreed upon settlement with RCIC’s insurance agent.  Kremer v. Rural Community Insurance Company 280 Neb. 591, __ NW2d ___ (2010).  The case started when Robert [...]

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