Syngenta Lawsuit May Mean Recovery for Farmers

Doniphan, Neb. – Sunday afternoon, Omaha lawyer Dave Domina met with farmers in Doniphan, Nebraska to tell them about their options in filing a case against Syngenta.

In 2009, Syngenta introduced a new trait of corn called MIR 162, making it resistant to certain pests.

Domina says Syngenta’s Chief Executive Officer told farmers that the crop would sell in China. However, he was wrong.

China rejected all corn from farmers whose crops had the MIR 162 trait.

Nebraska’s four year statute of limitation now makes it available for farmers to make a case against Syngenta, even though the farmers knew about the consequences.

“When those products came out, we were aware that it may or may not be accepted in China,” said local farmer Mark Sullivan. “There’s a fairly good possibility that that was damaging to the market.”

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But the lawsuit doesn’t just affect farmers who grew this strain of corn. It affected all corn sellers because during the delivery of corn to elevators and shippers, corn seeds were mixed.

“It doesn’t make any difference if you grew Syngenta or a different hybrid,” Domina said. “And it doesn’t matter whether you sold your crop, fed it to cattle or used it for some other purpose. If you produced the crop, you’re a potential claimant.”

Not all farmers, though, know if they will file a lawsuit.

“There’s certainly a lot things to digest in the Syngenta lawsuit deal, and I surely haven’t made up my mind either way on how that should go or what it should be,” Sullivan said.

Domina is speaking to farmers across Nebraska to inform them of their options. However, market depreciation must be proven in order for there to be a case.

“If they find that the market was depressed because of this problem, that’s where they were affected,” Sullivan said. “They’ll have to prove that.”

Domina plans on doing more informational meetings, which are at the following dates and locations:

February 11, 2015 at 7:00 PM
American Legion in St. Paul, Neb.