Enigma Wrapped in a Riddle: Federal Arbitration Act Interplay with Crop Insurance Disputes
Around this time last year, the 8th Circuit Court of Appeals found that an arbitrator did not exceed his authority when a dispute over the interpretation of a crop insurance policy provision arose after the arbitration proceedings. Balvin v. Rain and Haill, LLC. Why is this important? It is important [...]
Overturning a Crop Insurance Arbitration: The Struggle is Real
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 [...]
Protecting Your Crop Hail Claim: Dangers of the Roadside Adjustment
Hail damage to corn field near Hastings, Nebraska Every year farmers face multiple weather events that can instantly undo the hard work of planting and maintaining a crop. Widespread drought and flooding can wipe out entire crops across a large area. On the other hand, hail and wind [...]
Likely One of More: Maxwell Foods v. Smithfield Foods
Throughout the summer we received several requests to review production contracts between livestock producers and meat packers. The requests were made due to concerns that one party was not living up to the terms of the agreement. Consequently, it came as no surprise when one of the larger hog producers, [...]
Refresher on Nebraska Ag Liens Part 9: Agricultural Production Lien
- A lien for the supplier of agricultural inputs for production of livestock or crops As we discussed, the agricultural production lien-notification can provide additional security on a debt for chemicals, feed, seed, petroleum, electricity or labor used in the production of livestock or crops. However, the lien-notification statement does [...]
Refresher on Nebraska Ag Liens Part 8: Agricultural Production Lien-Notification Statement
- A lien for the supplier of agricultural inputs for production of livestock or crops On first look, the agricultural input lien may seem redundant to the fuel, fertilizer, pesticide, seed and electricity liens. However, the agricultural input lien can provide additional priority against other creditors in protecting a [...]
About the Blog
The best way to gain insight into a person is to walk in their shoes. Having grown up on a farm in Iowa, attorney Sean Minahan has walked in the shoes of those in the farming industry, which is why he feels at home in the field—of agricultural law. His blog, the Midwest Agricultural Law Guide, was created to offer legal discussion and encourage the use of social media in the agricultural industry.
Sean A. Minahan
Editor and Author