Nebraska Agricultural Law Attorney
Agriculture is an integral component of our nation's economy. It employs many of our nation's workers and supplies our nation with the meat, grain, plants and other products we need. Agriculture is big business. It involves huge sums of money and enormous risks. There is no greater quantity of science in any area of business than in food production. Food production involves genetics, breeding, differential medical diagnoses, prescription and treatment with chemicals, nutrition, herd health, crop health, water purity, soil pollution, complex chemistry, and an array of complex regulations involving crops, milk, meat, vegetables, fruit, and nuts, and other regulatory issues.
Agriculture law is extremely broad. Few other industries involve such complex matters as production issues, banking relations, animal nutrition law and even fraud. Domina Law Group pc llo has experience in agriculture law that is unmatched, and has represented clients faced with a wide array of matters. The firm has handled more than 300 jury trials and more than two-thirds of them have involved agricultural issues. When it comes to agricultural and farming, there is no better firm to handle your legal issues than Domina Law Group.
Are you a corn seller or producer? You may be entitled to compensation. Learn more about Syngenta claims here.
What is Ag Law?
Agriculture law or "Ag law" addresses the agricultural and farming industry on a whole. This is an extremely wide area of practice with issues ranging from banks and fraud to harmful pesticides and contaminated feed. Our firm's trial experience in this field is unmatched by any other firm. We have led the way in many successful class action lawsuits, personal injury cases and US Court of Claims matters.
Our agricultural trial work includes:
- Explosions: Within the past few years, farmers in the Midwest have been faced with a growing concern over a new phenomenon: methane-gas related explosions. Many of these explosions are caused by pig waste and result in serious economic damages and even worker injury. Explosions can also be caused by various types of farming equipment.
- Chemical Exposure: Most farms utilize different types of pesticides in order to prevent and get rid of pests such as insects, weeds and even mold. Pesticides and other commonly-used farm chemicals can cause serious illness in workers, nearby residents and livestock because of soil, water and air contamination.
- Crop loss due to misapplication and formulation of chemicals
- Insurance claims due to denial of insurance coverage
- Administrative law cases under USDA rules
- Antitrust cases involving market manipulation
- Product liability claims / defective equipment: Defective farming equipment is an issue of product liability. Workers can be injured by farming machinery that is either improperly made or improperly warned against. Our firm can investigate accidents of this nature in order to determine if a flaw in the manufacturing was to blame.
- Negligence, personal injury, wrongful death: The equipment needed to operate farms is dangerous by nature. Federal and state regulations have been implemented to some degree to prevent these types of accidents from happening. Despite these regulations, workers can still become seriously injured by equipment such as silos, tractors and grinders. Unfortunately, sometimes accidents and illnesses caused by factors in the agricultural industry can actually lead to death. If your loved one was killed because of an accident that took place on a farm or an illness spread because of a farm, then you can contact our firm.
- Environmental concerns related to CAFO's
- Water use and water rights
- Nuisance cases
- Landowner rights and eminent domain matters
- Adulterated Feed: Feed for livestock can become contaminated by chemicals, bacteria and other forms of filth. If feed is unchecked for contamination and then fed to livestock, the animals will likely contract a number of different diseases that could prevent them from producing milk, stunt their growth and harm fertility.
- Defective Vaccines: Vaccines are used to protect livestock against certain diseases that they may be prone to, but there are some cases in which the vaccines actually cause disease that can kill the animals or contaminate them so that they cannot be used. This is another form of serious economic loss for farmers.
- Economic Loss: One of the main ways we are able to help farmers and individuals is by recovering economic losses. If you suffered damages due to some type of negligence or liability of another, then our firm can investigate. Examples of these types of cases include: contaminated livestock, fraud and zoning issues.
We have helped people injured or killed by rotating shafts, broken machines, errant combines, tractors, other vehicles, and related medical and chemical problems. We understand crops. We understand and appreciate commodity markets. We are consulted by producers across the Midwest with issues related to forward contracts, forward sales, naked positions, unauthorized trades, defective confirmations, unauthorized margin calls, unauthorized margin trading, and related problems.
We've Handled Some of the Biggest Ag Cases in Nebraska
Our agricultural trial work includes some of the biggest cases on the national agricultural scene, along with major pronouncements for Midwestern farmers.
These are examples:
- Domina Law Group fights on behalf of farmers in groundwater pumping issues
- Domina Law Group represents farmers in lawsuit over water usage rights under the Republican River Compact.
- Pickett et al. v. Tyson Fresh Meats, Inc. - Beef packer antitrust case. $1.268 billion jury verdict (taken away by Court of Appeals).
- Lesiak v. Central Valley Ag. - State Supreme Court decision holding farmer has a right to sue a seller of a complete crop plan for negligence where the service is essential to make the seed or fertilizer worthwhile.
- Peterson v. North Am Plant Breeders - holding that the doctrine of implied warranty does not require privity of contract.
- Davids v. Regal Machine Co. - major after-market products liability personal injury establishing scope of after-market manufacturer's responsibility for component part.
- Thompson v. Heineman - District Court ruling against international pipeline company, favoring local property owner rights in condemnation cases.
Contact us today regarding all of your agricultural legal matters. Call (888) 387-4134 today!
Agricultural Contract Litigation
Domina Law Group is one of the few firms with wide-ranging experience in these areas. We have handled marketing and transactional litigation involving beef cattle, cows and calves, dairy cows, embryo transplantation, hog contracts, and packer contracts, and we have consulted in poultry grower cases. Our work with growing crops and crop marketing covers corn, soybeans, hay, specialty crops, raisins, commodities contracts, antitrust issues, etc.
We have stood up for clients in court in cases involving:
- Hedge-to-arrive corn cases
- Captive supply animal slaughter contracts
- Banking claims
- Livestock breach of warranty claims
- Supply contracts
Our firm routinely counsels producers entering marketing arrangements and advocates for producers in contract disputes with meat packers, poultry processors, or other businesses. We offer value negotiations and dispute-prevention services in such cases, and we have helped with cases from New York to California and from Michigan to New Mexico.
Custom Legal Solutions for the Farming Industry
There is no "one size fits all" approach when it comes to legal solutions for our clients. Domina Law Group never approaches two cases the same way. Each client, witnesses and evidence will vary drastically case-to-case. In order to accurately portray our clients' stories to the judge and jury, we understand that we must be meticulous and disciplined, which means that we scour through every detail when it comes to our clients. Every detail down to the last document and form will be executed with purpose, because the ultimate goal is to successfully present a case at trial so we can secure a verdict that meets our clients' needs.
Have you been injured or otherwise wronged? Know that our firm doesn't take on cases simply for financial gain. As a firm, Domina Law Group is driven by a passion for our clients and the message that they want to get out. Many of the cases that we have argued have resulted in law and regulation changes for the betterment of the agricultural industry. We are committed to trial practice that gets real results for each and every individual that comes through our firm. If you're ready to take the first step toward justice, then we encourage you to contact our firm for a free evaluation of your case today. When it comes to matters this important, you can't afford to hire a firm will lesser experience, knowledge or passion than Domina Law Group pc llo.
Domina Law Group - Case Stories
Spray Drift Affects Nebraska Vineyard
Everyone knows Nebraska is a huge agricultural state. After all, we are known as the Cornhusker State. But, did you know that Nebraska has over 200 vineyards? Vineyards, although typically thought to be located on the west coast of the country, are an important part of Nebraska’s families’ livelihoods and job creators for those who are involved in the business of wine production. However, regulations are far behind and not sufficient to protect vineyard operators. Big Ag and the more well-known crops, such as corn and soybeans, are favored. With rampant spraying and use of chemicals designed to increase yields or prevent disease, spray drift is a real problem affecting not only vineyards but all sorts of farmers, including organic farmers.
Domina Law Group and its lawyer, Brian Jorde, represented one of Nebraska’s vineyards in litigation against the State of Nebraska as well as other cooperatives for allegedly multiple instances of spray drift that allegedly nearly wiped out an entire vineyard and caused well in excess of $500,000 in damages.
After years of litigation and developing the liability and causation evidence, working with experts, analyzing the damages, and building a model for our client, we were able to resolve all issues in multiple confidential settlements.
If you or someone you know has suffered from spray drift regardless of the type of crops damaged, you may have a potential case.
Domina Law has helped countless farmers and producers with all types of agricultural issues over the past 40 years. Please contact us by calling (888) 387-4134 now to learn more.
