12/12/2017: A Joint Report was filed on 12-08-2017, outlining the current status of the litigation.
Corn producers have sued Syngenta alleging premature and irresponsible commercialization and misrepresentations related to sale of corn seed containing genetic traits MIR162 (sold as Agrisure Viptera) and Event 5307 (sold as Agrisure Duracade). They claim Syngenta’s conduct caused all corn producers who priced U.S. corn on or after November 18, 2013 to receive a lower price for that corn. These are, however, only the producer’s allegations. The Court has not yet decided if they are correct, and Syngenta denies the allegations and disputes that it had a legal duty to restrict sales of Viptera and Duracade in the U.S. Additional detail regarding the parties’ positions is set forth in the Frequently Asked Questions section of this website.
The Honorable John W. Lungstrum, a federal district judge, has certified this case to proceed as a class action on behalf of all U.S. corn producers who meet the definition described.
A Notice has been mailed to corn farmers identified by government Farm Service Agency records who are not excluded from the class. You are a member of the Nationwide Class certified by the Federal Court if you satisfy each of the following conditions:
- You are listed as a corn producer, including farmers and crop-share landlords, on a government Farm Service Agency Form 578;
- You priced at least one bushel of corn after November 18, 2013;
- You did not purchase Agrisure Viptera or Duracade corn seed;
- You are not an officer, employee, or relative of the Court; a governmental entity; or an officer, director, employee, contract or agent of Syngenta; and,
- You are not (1) a corn producer who produced corn in Minnesota or (2) one of the excluded producers who filed a separate lawsuit in Minnesota on or before June 15, 2016 and hired one of the following law firms to file your case: (1) Bassford Remele; (2) Kemp, Jones & Coulthard LLP; (3) Law Offices of Charles H. Johnson, P.A.; (4) Lockridge Grindal Nauen PLLP; (5) Paul Byrd Law Firm PLLC; (6) Paul McInnes LLP; (7) Shields Law Group LLC; (8) Wagstaff & Cartmell LLP; (9) Watts Guerra LLP; (10) Kosieradzki Smith Law Firm, LLC; (11) Borgess Law LLC; (12) Nolan Law Group; (13) Wright & Schulte LLC; and, (14) James C. Johnson.
The Federal Court also certified eight State Classes. You are a member of one of the State classes if you meet the conditions specified above and you farmed corn in Arkansas, Illinois, Iowa, Kansas, Missouri, Nebraska, Ohio, or South Dakota.
Plaintiffs also plan to ask the court to certify State Classes in other states: Alabama, Colorado, Indiana, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, North Dakota, Oklahoma, Tennessee, Texas, and Wisconsin. If you live in one of those states, you do not need to do anything now with respect to your state law claims, but do need to take action now if you do not want to be a part of the Nationwide Class.
You have legal rights and options that you may exercise at this time. This lawsuit is known as In re Syngenta MIR162 Corn Litigation, Civil Case No. 14-md-2591-JWL-JPO (D. Kan.).