Agricultural Contract Litigation

Few law firms understand livestock, crops, and dairy production and markets, even in the Nebraska and Iowa. This is proven by the limited number of agricultural marketing and contract cases filed and handled in court.

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, 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, and a wide range of others.

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.

Michael Stumo, a Domina Law Group lawyer, has a deep background knowledge of agricultural law and production. He recently prevented six figure losses for a Nebraska hog farm in a contract dispute with a major pork packer. The pork packer offered a three year contract with specific hog quality and pricing terms. But after the ink was dry, the packer sought to increase quality discounts, lowering the price on over 100,000 hogs per year. We intervened immediately analyzing the contract, assessing the producers business, and concluding the packer breached the contract. The packer agreed to honor the original contract terms. Large producer market losses were averted. Stumo is an Iowa farm kid turned lawyer.

In another case handled by Mr. Stumo, a Nebraska hog farm entered a long-term contract to purchase hundreds of thousands of isowean (10 lbs) pigs from a South Dakota farrowing company. Four months into the contract, the farrowing company threatened to terminate pig deliveries without contract re-negotiation and a price increase. Bankruptcy and pig delivery stoppage was also threatened. Domina Law Group analyzed the financial documents, concluding the farrowing company financial problems arose from insider preferences, not ordinary cash flow problems. Bankruptcy was filed, Domina Law Group asserted financial fraud, and a settlement was gained on terms advantageous to our client.

David Domina has represented producers and others in court in ag-related cases since his first million dollar verdict, against the Federal Deposit Insurance Corporation and others, in an Iowa case in 1973. Domina's verdicts for producers range from successful defenses of adverse claims to a class action verdict for $1.283 billion. Domina is a Nebraska farm kid turned lawyer.

Our firm advises all clients to avoid agricultural contracts requiring arbitration, waiving jury trial rights, and allowing unilateral modification by the other side. These contract clauses and others incrementally take rights from independent producers. "Large agricultural processors have teams of lawyers working for them and not for independent producers," said Michael Stumo." Domina Law Group provides a strong counterweight for our farmer, rancher and feeder clients."

Contacting Our Nebraska Agricultural Lawyers

Within recent weeks, our lawyers have consulted and negotiated contracts for feeder pig supply, tried dairy and feedlot cases, evaluated crop and crop production cases, and handled complex administrative litigation against the USDA. Their 2005 work, alone has extended to the states of Arizona, California, Iowa, Missouri, Michigan, Nebraska, New Mexico, North Dakota, Ohio, South Dakota, Texas & Wyoming.