Midwest Agricultural Law
Time to Collect: Missouri River Landowners Get Win Against Corps of Engineers
In a multi-phase litigation, the United States Court of Federal Claims in Washington, D.C. recently entered its trial order against the United States Army Corps of Engineers. The December 14, 2020 order found the plaintiff landowners were collectively entitled to damages for certain losses. Back in 2018, the Court [...]
Nebraska “Farm Products” Definition: Now Includes Hemp and Goats
Wait. Did you say Hemp? Nebraska has amended the definition of “farm products” for statutes that govern security interests on farm products. For the first time, the list of farm products now includes goats and hemp. Really, goats are just now being added? The Secretary of State has [...]
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, [...]
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