Corn farmers who lost income because they didn’t plant Syngenta’s Viptera or Duracade due to China’s decision to block imports of U.S. corn in November 2013 are now able to join a class action lawsuit against the company.
U.S. District Judge John Lungstrum in Kansas City, Kan., rejected Syngenta’s arguments against class certification, according to Agri-Pulse.
“We lost the Chinese market due to Syngenta’s conduct, so producers today are getting less [money] than they would,” Don Downing, co-lead counsel for the plaintiffs, told AgWeb.
According to AgWeb, plaintiffs claim China’s rejection of U.S. corn with then-unapproved Viptera trait in 2013 led to an interruption in trade with China and affected commodity prices, causing economic damages to farmers and others affected by the markets. Plaintiff lawyers say damages could be as high as $5 billion to $7 billion by 2018.
“The court’s ruling will make it easier and less expensive for farmers to pursue their claims against Syngenta,” Scott Powell, who was appointed by the court to represent the class, along with attorneys Don Downing, William Chaney and Patrick Stueve, told Agri-Pulse.
Farmers will now be able to prove their claims through a limited number of class representatives, according to Agri-Pulse.
“Instead of having to retain and pay individual counsel, file their own lawsuit, produce voluminous farm records, sit for a deposition and appear at trial, the court found that all class members may attempt to prove their claims through a limited number of class representatives,” Powell said. “If those class representatives win, all class members win. No individual farmer has to file a lawsuit to seek a recovery.”
One of the attorneys representing the class participants, William Chaney, said that “now that a class is certified, the court will authorize mailing of a notice to corn producers within the class describing the benefits and consequences of remaining in the class. I urge any farmer considering whether to retain an individual lawyer to wait for the court’s notice before making a decision.”