Agribusiness
Agricultural Law Weekly Review – Week Ending November 26, 2021
Ag-Gag Statutes: Kansas Files for Supreme Court Review of its ‘Ag-Gag’ Law 🌾
On November 17, 2021, Kansas Governor Laura Kelly and Kansas Attorney General Derek Schmidt filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the U.S. Court of Appeals for the Tenth Circuit’s August 2021 decision that: (1) portions of the “Kansas Farm Animal and Field Crop and Research Facilities Protection Act (Act)” (Kan. Stat. Ann. § § 47-1825–47-1828) violate First Amendment free speech protections; and (2) Kansas is prohibited from enforcing § 47-187 (b), (c), and (d) of the […]
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 🌾
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated the Securities and Exchange Act of 1934. Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft, No. 3:20-cv-04737. The plaintiffs, multiple pension funds, claim that Bayer misstated the safety of glyphosate and Roundup, Bayer’s own due diligence efforts, and the legal risks […]
Agricultural Law Weekly Review – Week Ending July 30, 2021
Animal Welfare: Federal Appeals Court Upholds California’s Proposition 12 With Five Months Until Its Effective Date 🌾
On July 28, 2021, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Nat’l Pork Producers Council, et al v. Karen Ross, et al, No. 20-55631, holding that California’s Proposition 12 in-state production animal confinement standards and in-state sales restriction for products not produced in accordance with them, do not violate the United States Constitution’s Commerce Clause. In upholding Proposition 12’s constitutionality, the Court affirmed the earlier decision upholding Proposition 12 issued by the U. S. District Court for […]
Agricultural Law Weekly Review—week ending December 11, 2020
Dean Foods Bankruptcy: Pennsylvania Milk Marketing Board Negotiates Nationwide Solution to Preference Payment Claims
On December 9, 2020, the Pennsylvania Milk Marketing Board (PMMB), partnering with the Pennsylvania Office of Attorney General, announced that it had negotiated with the St. Paul, Minnesota, law firm representing the Chapter 11 bankruptcy estate of Dean Foods, ASK LLP. As a result, the PMMB prepared, and posted on the PMMB website, forms which can be downloaded, completed by producers and milk haulers in any state in the country, and mailed to ASK LLP as soon as possible as a response to the […]
