Most corn producers have received cards and letters from attorneys encouraging them to join lawsuits against Syngenta. Recently, a significant ruling was made by a judge that will affect how the litigation will move forward. Any corn producers who wish to seek damages against Syngenta need to know what options are available to them.

Farmers can join class-action suit again Syngenta

Lawsuits began being filed against Syngenta in 2014 due to Syngenta’s alleged premature release of a genetically modified corn trait. In November 2013, China refused to purchase corn with this trait, and the legal theory is that China’s refusal resulted in a significant drop in corn prices. The lawsuits seek to cause Syngenta to pay corn producers for the drop in price allegedly caused by Syngenta’s actions.

In late September, a federal judge in Kansas approved certification of a class, meaning that a class-action lawsuit can move forward. In essence, the judge determined that there were many producers with the same claims against Syngenta, and that it would be better to have these producers all under one lawsuit. There is one federal class and eight state classes, including Ohio. To be eligible for the class-action lawsuit, a person must be a “producer who priced corn for sale after Nov. 18, 2013, and who did not purchase Viptera or Duracade corn seed.”

Anyone who meets the above definition is automatically included in the class. If a settlement is reached or a judgment is awarded, every person in the class is entitled to his or her proportional share of the money. The only thing a class member is required to do is prove they are eligible to be in the class and how much corn they produced. A class member is not required to actively participate in the litigation.

Producers can opt out of the class and pursue individual claims. This option will require the producer to retain an attorney and take a more active role in the litigation process. The primary reason to opt out of the class is if a producer believes he or she can obtain a better settlement or judgment by not being involved in the class action. .

The attorneys for the class will send out notification to producers in the next few months. It will include a summary of rights and details regarding the pending claims, including how attorney fees would be paid in the event of a settlement or judgment. It will also provide instructions for opting out of the class action.

It is important to note that there is no guarantee that the class-action lawsuit will be successful. Syngenta has so far denied any liability in the matter, and the class attorneys will be required to prove by a preponderance of the evidence that Syngenta was liable for corn prices falling. Rather than the matter going to trial, it is possible that a settlement will be reached with Syngenta.

The Ohio local counsel to the class counsel is Greg Flax in Springfield. Producers who have questions about the lawsuit and the class action can contact him at 937-324-5541.

Moore is an attorney with Wright & Moore Law Co. LPF. Email him at [email protected] or call 740-990-0750.