Syngenta Viptera Corn Seed Lawsuit Lawyer

April 17, 2018 - Settlement Details For Viptera Ruling:

The lawsuit against Syngenta about whether or not they released their Viptera trait corn seeds before China had approved the GMO trait was settled last year. Farmers who grew corn from 2013 to 2017, whether they planted the Viptera trait or not, are likely to start receiving notices about how to file to claim their share of the settlement. Farmers who were affected claim that China rejected the majority of United States imports after corn containing the non-approved GMO trait was found among corn that did not have the trait. Inforum reports on the settlement and how affected farmers can claim their share.

Farmers are likely to get the notices in the mail beginning in mid-May telling them how they can claim their share of a $1.51 billion-dollar settlement from agriculture company Syngenta.

The lawsuits, which were filed in 2016 and settled in 2017, allege that Syngenta prematurely released the seeds for the genetically-modified corn before it had the approval of the Chinese government. This led to China stopping the import of United States-grown corn. This affected farmers and grain handlers.

The settlement is to be divided among four plaintiffs:

1. Corn growers who did not raise Viptera or Duracede varieties
2. Growers who raised Viptera or Duracede varieties
3. Grain handlers and grain elevators
4. Ethanol producers

One-third of that money could go to the legal teams representing the plaintiffs. This may also be one of the largest agricultural class-action lawsuit settlement.

Once farmers receive notice of their eligibility, they will have until October 12th, 2018 to go to the website www.cornseedsettlement.com to file their claim.

Have you been involved in a class-action suit? We can help. Contact us today.

March 19, 2018 - Settlement Reached In Syngenta Suit:

Another decision in a class-action lawsuit has been made, this time in favor of the plaintiffs in the case. The case involved corn grown from a company called Syngenta which was genetically modified. Several shipments were then rejected from China, a large importer of U.S. corn because the Chinese government had not approved the two strains that were then mixed in with other U.S. corn shipments. The Washington Post reports on the settlement and details.

Tens of thousands of farmers, grain handling agencies, and ethanol producers will share in a $1.5 billion settlement reached against Syngenta.

Syngenta, a Swiss-based agriculture firm, introduced genetically modified corn seed called Viptera and Duracade for the 2011 growing season.

They introduced the seed before having the approval for import in China in 2014. Plaintiffs in the lawsuit claimed that this decision cut off access to the lucrative China market and caused prices to drop for several years.

China rejected millions of tons of grain because Viptera and Duracade corn mixed in with other corn and made it impossible to know which grains were free of the traits modified by Syngenta.

The settlement was reached last Monday and still must be approved by a judge in Kansas. If approved, plaintiffs in the lawsuit will begin seeing payments as early as 2019.

Viptera was created with a trait that protects against several different kinds of pests such as earworms, cutworms, armyworms, and corn borers. Duracade provided protection against the corn rootworm.

Syngenta defended the GMO corn by saying that it prevented numerous pests and was fully approved by U.S. regulatory authorities.

Were you affected by the Viptera gene? Contact John Foy & Associates today for a consultation.

October 23, 2017 - Syngenta Lawsuit May Soon Be Decided:

In the ongoing class-action lawsuit against agricultural giant Syngenta, all US farmer’s claims may be settled soon. The lawsuits stem from farmers who said that the company released their seed MIR 162, also known as Agrisure Viptera in 2013, prior to obtaining approval from the Chinese government. When the Chinese government found the corn on barges, they rejected the food, stating it was contaminated. This cost farmers millions of dollars as the prices never recovered because China found new sources of corn. Those farmers filed suit against Syngenta, a suit which may have been decided as Agprofessional reports.

Plaintiff attorneys recently spoke out about how they believe they will reach a final agreement on the settlement in the coming weeks.

Those eligible would be farmers who contracted to price corn or corn by-products after September 13, 2013. The number of eligible U.S. farmers has not been decided and the settlement does not include Canadian farmers.

This settlement comes in the wake of a decision in Kansas awarding farmers $217 million for their class. Following that decision, Syngenta decided that continuing to litigate in other districts was not going to be productive for them.

Those affected could be waiting six months or more for their settlement checks. Farmers included in the settlement will likely have to produce records showing how many affected bushels of corn were produced during the relevant years.

The settlement will include all existing claims. Those who have not received class certification will not be included. Once settlement information is made public, the states included in the settlement will be revealed.

Were you affected by the rejection of Agrisure Viptera? Let the law offices of John Foy & Associates fight to get you the compensation you deserve. Call us today.

June 28, 2017 - First Victory Against Syngenta Achieved in Kansas:

The first Syngenta class action lawsuit, one of eight in the country, has been awarded in favor of farmers in Kansas. Feedstuffs.com reported on the victory for corn farmers.

In less than a day, a jury awarded over $217 million to the over 7000 farmers involved in the suit in damages. Syngenta sold farmers corn with a GMO component that wasn’t approved for overseas sale in China, forcing farmers to sell the product at a lower price in other markets or let it rot. At the time of the incident, the Chinese corn market was booming and farmers had an expectation that they would be able to sell in that market.

Arkansas, Missouri, Illinois, Iowa, Nebraska, Ohio and South Dakota all have approved class action cases. Other states, including Georgia, are awaiting certification. The estimated losses nationwide because of the inability to sell corn in China during the ban on Viptera seed is $5 billion dollars.

Syngenta believes that they had complied with all regulatory procedures and that other worldwide markets had approved the trait they developed. They will continue their fight, just as farmers will continue theirs to sell crops wherever the price is most advantageous.

Do you grow corn in Georgia or a surrounding state and got caught by this situation? You need representation. Contact John Foy & Associates today. We can help you fight for the compensation you deserve. Call today.

June 12, 2017 - First Viptera Case Reaches Trial:

The first bellwether case on the Viptera scandal has finally entered court in Kansas City, Kansas according to Agriculture.com. If this case goes well, it bodes well for the many other farmers and corn producers that were damaged by Syngenta’s sale of corn with a GMO alteration that was unapproved by China.

Bellwether cases like this will let other courts know whether or not it is worth pursuing the other cases on the docket around the country. We will be watching this case closely as information is released.

Syngenta is accused of not notifying farmers that the GMO corn they sold was illegal at the time in Chinese markets. At the time the product came onto the market, there was a boom in demand from China for US corn, but then exports were turned away once the unapproved GMO marker was found. Corn prices plummeted and US farmers were hurt badly.

Now they seek to get compensation from Syngenta for not telling them that the corn they were growing couldn’t be sold in China. The trait that China rejected has since been approved.

If you grew corn with the Viptera trait and lost money due to rejected exports, you need to join this class action suit now. Contact John Foy & Associates to talk about your situation and what you need to do to join the suit.

February 24, 2017 - Punitive Damages Allowed in Syngenta Case:

In good news for farmers in the Syngenta lawsuit, a judge has ruled that punitive damages may be allowed in the corn lawsuit. The order was unsealed two days ago. Judge Thomas Sipkins of Minnesota believes that Syngenta knew that there was a chance that some markets may not accept corn with the GMO traits they put into Viptera and Duracade scene but chose to sell the seeds anyway. He believes that punitive damages should be allowed in this case.

The news was reported in the Idaho Business Review. 60,000 farmers in Minnesota alone have joined the suit, and tens of thousands of other farmers across the nation have joined suits in their states against the company. The farmers are suing for the loss of profit in selling corn that the markets rejected and for the costs of growing that corn in the first place.

Syngenta says that what they sold was legal and that they weren’t reckless, but when you have an army of farmers against you as well as strict contracts on how farmers can use your seed, you need to make recompense.

Are you a farmer struggling to make ends meet after losing a corn crop due to Syngenta? You still have time to file a lawsuit. Call John Foy & Associates today for a free consultation about your situation. We will do everything we can to get your lost profits back. Call today.

November 2, 2016 - Syngenta Appeal Class-Action Lawsuit:

The case of agriculture seed supplier and bioengineering corporation Syngenta and the farmers who have entered into class action litigation may be taking another turn.

Earlier in October, a Kansas federal district court judge said that the case against Syngenta can move forward as a class action. The litigation centers around the claim that the company pre-approved and sold and marketed a strain of corn that had not been approved in China. This led to cross-contamination and the rejection of several shipments to the country, which is one of the largest importers of U.S. corn.

Farmers claim to have lost millions because the price of corn plummeted. They are now suing the manufacturer of the strain of corn, Syngenta, for their losses.

The agriculture giant has, however, moved forward with an appeal. The allegation in the appeal is that the lawsuit is built on “fundamental errors.”

Syngenta’s attorneys feel that that class certification is inappropriate. They cite the fact that farmers grow and sell corn in many different ways and markets. They are also claiming that the lawsuit lacks merit.

Syngenta maintains that the Viptera strain, the strain named in the lawsuit, was commercialized while being in compliance with regulatory and legal requirements.

If you have suffered financial losses due to the Syngenta corn strain Viptera, you may be entitled to compensation. Contact the law offices of John Foy & Associates. Let the “Strong Arm” attorneys help you get the compensation that you deserve. Contact us today.

October 10, 2016 - Lawyer Selected for Class-Action Syngenta Lawsuit:

Genetically Modified Organisms or GMOs, have long been the center of debate. Some will say that they are unhealthy while others say that they are no less healthy than their natural counterparts. Regardless, Syngenta, the Switzerland-based seed giant is facing a lawsuit in regards to GMO corn seeds sold to farmers in 2013.

A St. Louis attorney has secured the right to proceed with a national class-action lawsuit against Syngenta. The lawsuit could eventually represent more than 440,000 U.S. corn growers against the giant corporation.

A federal district judge in Kansas made the ruling on September 26th that the class-action suit could proceed.

The legal dispute came to light in 2014. The lawsuit alleges that the company was irresponsible and premature with the release of new seed varieties that had not been approved in China, one of the largest importers of U.S. corn. Those varieties, known as Agrisure Viptera and Duracade, eventually contaminated U.S. corn exports to China. This led to a trade ban in 2013.

The plaintiffs state that the trade ban and China’s unwillingness to import GMO corn from the U.S. has led to losses of $5 billion to $7 billion for U.S. corn farmers.

Once a foreign market is lost, it is difficult to get it back. China has turned to the Ukraine as its primary supplier of imported corn. China also now imports milo, a sorghum product, as a replacement feed grain.

Even those farmers who did not export were affected. The loss of China as an importer affected the Chicago Board of Trade price for corn. This affected all growers on a per-bushel basis.

A trial in the case is currently scheduled for June 2017.

Syngenta said that it may appeal the district court’s decision.

If you have been affected by loss of revenue due to the Syngenta GMO corn trade ban, you may be entitled to compensation. Contact the law offices of John Foy & Associates and let the “Strong Arm” attorneys represent you. We may be able to help you get the compensation you deserve. Contact us today.

June 6, 2016 - Warnings against Monsanto Soybeans Issued Similar to Viptera Concerns:

GMOs, or genetically modified organisms, are having a hard time staying out of the news of late.  Whether it is those questioning the safety of GMOs or the fact that GMOs may not be approved in foreign markets, the manufacturers of seeds of GMO crops have had their share of media attention.  The 2016 soybean crop is proving to be no different.

Minnesota grain buyers and sellers have been warning soybean farmers to be wary of Monsanto’s latest biotech soybean.

Monsanto first launched the product in the U.S. and Canadian markets this year, despite it not having approval in the European Union.  This could prove to be problematic, as the EU is the second-largest foreign market for U.S. soybeans after China.  

If the matter is not resolved, industry insiders are concerned that the uncertainty may cause price declines, confusion, and will disrupt international trade.

The soybean in question is the Roundup Ready 2 Xtend, a seed that is genetically modified to be more resistant to the herbicides dicamba and glyphosate.  The reason for the development of this particular seed is a rise in weed resistance to Roundup Ready herbicides that utilized glyphosate alone.

The genetic modifications to the soybean seed allow for farmers to use both herbicides without harming the soybean plant.  

The risk lies in the fact that soybeans with approved traits and those with unapproved traits often get mixed together in grain elevators, unit trains, or shipping containers when exported.  Grain buyers and sellers would have to go to enormous expense in order to keep them separate.

Monsanto had hoped that approval in the European Union would come before spring planting time.  The company is confident that a decision from the market will come soon.  Monsanto did waive certain charges recently if farmers decided to cancel orders for the Roundup Ready 2 Xtend or exchange them for different varieties.  

In 2013 and 2014, unapproved seeds caused a similar problem in a different market.  Viptera, a type of corn genetically modified to be resistant to pesticides, did not have approval in China.  This resulted in a loss of revenue for farmers who planted these seeds.  This loss of revenue led to the filing of class action lawsuits against the manufacturer, Syngenta.  The lawsuits claim the loss of millions of dollars in revenues.

If you have been affected by the status of unapproved GMO crops in foreign markets, you may be entitled to compensation.  Contact the law offices of John Foy & Associates.  The “Strong Arm” attorneys will work to get you the compensation you deserve.  Contact us today.

June 3, 2016 - Viptera Lawsuits Move Forward in Kansas:

Genetically modified organisms have been under scrutiny recently.  Crops in the United States are modified genetically to include traits that make them more resistant to pesticides and herbicides.  While these traits are approved in the United States, they may not be approved in some countries that make up the biggest export markets.  This leads to these markets refusing crops, which has led to class action lawsuits.

An unapproved GMO trait called Viptera in corn led to the rejection of billions of tons of corn by China.  The trait, manufactured by the company Syngenta, had not been approved in China’s markets.  This rejection led to a loss of many millions of dollars by farms in the United States. 

Omaha-based Domina Law Group is representing some of the farmers looking to recover the financial losses they suffered by growing a crop with a trait that had not been approved.  The group says that hundreds of lawsuits have been filed.  These cases have now been combined to be heard in three different courts.

Despite the fact that China is a small export customer of U.S. corn, the rejection of the crops shocked the market.  The result was a market loss for U.S. farmers.  

Some law firms are expanding their claims to include other crops.  Domina Law Group says that expansion to different crops will be difficult to prove.  Some crops, such as U.S. sorghum and DDGs experienced an increase in exportation because China increased imports of these grains as a substitute for corn.

If you had Viptera corn rejected on the market and you’re a farmer in Georgia, you may be entitled to compensation.  Contact the law offices of John Foy & Associates.  The “Strong Arm” attorneys will work to help you get the compensation you deserve.  Contact us today.

May 17, 2016 - U.S. Farmers Rejecting GMO Crops due to Syngenta Scandal:

Genetically Modified Organisms, also known as GMOs, have been questioned in recent years as to their safety. Some believe that foods containing GMOs are not as safe as those which are natural. GMOs have been bred to withstand herbicides and deter pests that would ordinarily attack a crop. These questions have led to other countries rejecting exports of GMOs from the United States until these modifications are approved by their governments.

In areas across the U.S. Farm Belt, the top grain handlers have been banning GMO crops that have not been approved in all the major overseas markets. This move has shaken up a decades-old system that used the largest exporting country as a launchpad for the export of new seeds from companies like Monsanto.

Global trader Bunge Ltd., has barred 19 varieties of GMO corn and soybean because they lack approval in major markets.

The country’s largest farm cooperative, CHS Inc., wants companies offering seeds with new biotech traits off the market until these traits are approved by foreign buyers.

This move comes as an attempt to avoid the turmoil faced in 2013 and 2014, when China refused delivery of boatloads of U.S. corn. The corn that had been rejected contained a Syngenta AG trait called Viptera that China had not approved. Viptera corn was engineered to control insects.

Two companies, Cargill Inc., and Archer Daniels Midland Co said that the rejections cost them millions of dollars. They are suing Syngenta for damages related to the rejections that were experienced. ADM is refusing GMO crops that lack global approval. Cargill has yet to issue a statement.

The latest crop to be banned is a soybean crop sold by Monsanto. Called Roundup Ready 2 Xtend Soybean, it is engineered to resist the herbicides glyphosate and dicamba. The soybeans are being sold in the U.S. and Canada despite not having approval in the European Union, an important market for U.S. soybeans.

ADM, Bunge, and CHS have all stated that they will not accept Xtend soybeans until the trait is fully accepted in all major markets.

If you have been affected by the banning of GMO crops due to unaccepted traits, you may be entitled to compensation. Contact the law offices of John Foy & Associates. The “Strong Arm” attorneys will help you get the compensation you deserve. Contact us today.

April 29, 2016 - Farmers Accuse Syngenta of Deliberate Contamination of Crops:

In Albany, Missouri, a group of lawyers believes that a group of Missouri corn farmers who suffered from financial losses deserves a break. The entity responsible, they say, for those losses, is a giant in the agrochemical industry.

The company is Swiss-based Syngenta. The attorneys believe that the company intentionally placed a variety of genetically modified corn on the market, knowing that it would drive down the prices of corn crops due to cross-contamination of the crops.

The allegations come from the introduction of the corn trait that was genetically modified, known as Agrisure Viptera, which was introduced in 2009.

Attorney Jason Call stated, “They knew it would cross-contaminate the corn.” He further added that the company was well aware that China would not approve the corn. China is the leading importer of corn from the United States.

The trait began appearing in corn exported to China in 2013, and the Chinese government rejected the corn. This resulted in a near-immediate drop in the price per bushel of the crop.

Crop prices fell in 2014 from a high of nearly $7 per bushel to below $3.50 per bushel. However, when the Chinese government approved the trait in December 2014, prices began to rise again.

Call said that other law firms are involved in similar efforts to obtain damages from Syngenta. These efforts include multi-district litigation and class action lawsuits. Some 50,000 individuals from Missouri and other corn belt states are involved in these lawsuits.

If you have been affected by cross-contamination due to the Syngenta trait Agrisure Viptera, you may be entitled to compensation. Contact the law offices of John Foy & Associates. The “Strong Arm” attorneys will help you get the compensation you deserve. Contact us today.

April 16, 2016 - Counterclaims Dismissed in Syngenta Lawsuit:

A joint motion to dismiss counterclaims and third-party complaints against Cargill, Rail Transfer Inc. and Archer Daniels Midland has been approved by a US District Court judge on Monday.

It was the US Grain Standards Act (GSA) that preempted any counterclaims and third-party complaints that were filed against the three companies by Syngenta in the ongoing lawsuit.

It is, therefore, ordered by the court that the joint motion to dismiss defendants’ [Syngenta] counterclaims and third-party complaints filed by ADM, Cargill, and Rail Transfer (Doc. # 1434) is granted, and the third-party claims and counterclaims asserted against those parties in this MDL are hereby dismissed,” ruled the judge

Cargill said in a statement via a spokesperson that the company is pleased with the ruling as is the counsel for Rail Transfer, stating that the ruling may well have implications for claims being made against Syngenta in the Viptera China litigations.

Syngenta, for its part said that it will continue to protect its interest and the interests of American farmers to have access to its products.

ADM, Cargill and Rail Transfer along with producer and non-producer plaintiffs filed claims against the Swiss company for selling strains of genetically-modified corn in 2014 before its approval for being imported to China even though the corn had been approved in the US.

Syngenta alleged that the companies had been negligent in handling the corn and allowed its corn and corn carrying the Viptera trait to be comingled and sent to China. The GSA pre-empted those claims.

Over 2,000 American farmers and businesses have filed lawsuits against Syngenta. Even though Syngenta has asked the courts to dismiss the cases but their request for dismissal has been denied. These lawsuits are both class action and those brought by individuals and businesses.

If your business lost money because of Viptera corn seed, you may have a strong case against Syngenta. This applies whether or not you were a Syngenta customer.

Let John Foy & Associates help you. We are currently accepting Viptera cases and we have the legal experience to handle your case correctly. You don’t have to accept the losses caused by Syngenta, and at John Foy & Associates, we charge nothing unless we win a financial recovery for you. Call 404-620-3484 today to schedule your free consultation.