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Syngenta GMO Corn Rejection Lawsuits

ATTENTION – Major $1.5 Billion Dollar Settlement Announced!

Act now to make your claim – Sign up by filling out our form, which you can find here (PDF).

Farmers:

You may see news, if you have not already, reporting that a settlement framework was reached for resolution of lawsuits, including Class Action claims, for American corn producers adversely affected by Syngenta’s MIR162 corn.

The announced settlement amount is nearly $1.5 billion, but details are still being worked out. We will report more once the final terms are negotiated. If the reports are translated into approved settlements by the federal court in the United States District for the District of Kansas and the state court overseeing a state class action in Minnesota, there will be a payment for each qualifying class member.

There has been a great deal of effort invested in this process, including the $217.7 million verdict in Kansas won by our co-counsel and a recent settlement reached during trial in a related lawsuit in Minnesota. If you have not joined up with our other farmers do so now by filling out this form and sending it in to us if you want to participate in the likely future settlement. There will likely be a claims procedure to be entitled to payment. We will oversee and handle that for all of our clients, and will keep you updated about recent progress.

The Syngenta Problem

Syngenta’s corn trait MIR162 made plants resistant to certain pests. While this isn’t necessarily a bad thing, it has the potential to injure the entire corn market if certain countries or world markets reject this type of corn over issues with this specific trait. By limiting the market, the total number of potential buyers is also limited. Simply put, fewer markets = lower prices. That being said, it is believed that every corn seller in the United States suffered a loss between 2011 and 2014 because of corn with the trait MIR162.

The USDA says 20 percent of U.S. corn is exported. In 2012-2013, China was the third largest export market for corn producers in the U.S. This market for U.S. corn, however, denied all U.S. corn because of the MIR162 trait. This trait was not approved in China until January 17, 2014. Chinese rejection of all U.S. corn caused an "injury to the market" which means, even if you have never planted Syngenta corn with the MIR162 trait, you may have suffered a financial loss. Because MIR162 corn was mixed and combined together with all other U.S. Corn, all non-MIR162 corn was contaminated and all U.S. corn shipments were denied by China whether or not it had that specific trait.

In an article for the Fremont Tribute, Attorney Dave Domina explained:

"Syngenta claims no market harm to U.S. farmers occurs, but common sense suggests otherwise. This financial problem came about because Syngenta decided to market its MIR162 corn to American corn farmers without disclosing the risk of losing the Chinese export market even though it knew China had not approved the trait."

The theory of the case is that all U.S. corn producers suffer a loss if the nationwide price of corn fell due to the loss of the Chinese market. It is thought that Syngenta misinformed farmers, elevators, and exporters that MIR162 approval by China was imminent and posed no problem for the corn market. However, even after Syngenta's upper management knew better, Syngenta continued to offer more MIR162 lines without disclosures. Even if the grain is good for some uses, it was not exportable on satisfactory terms.

MIR 162 has been sold under these names:

  • Agrisure Viptera in 2009 and
  • Agrisure Duracade more recently.

Syngenta plans to release 52 new corn hybrids for 2015:

  • 23 will be in the Viptera line and
  • 18 in the Duracade line.

Dave Domina held an informational meeting on Syngenta and water law issues, which you can find a recap of here.

The Investigation and Claim

The Domina Law Group is investigating claims against Syngenta and providing services to all producers and sellers who need our legal assistance. Every corn producer and seller is a potential claimant, and these cases will either be resolved as "mass actions" or in a "class action" on behalf of U.S. corn producers and sellers.

We are currently identifying corn growers across the U.S., including both Syngenta corn growers & Non-Syngenta growers and preparing to handle your claims for damage to the corn market and your reduced profits. Over time, marketing records will be needed but are not required now.

The crop years involved so far are 2011 through 2014. The National Grain & Feed Association estimated that U.S. growers, grain handlers, and exporters suffered losses up to $2.9 billion. Any dollars that can be recovered belong in the pockets of U.S. corn sellers. Sign up to protect your interests.

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