Settlement FAQs

how much will farmers get from syngenta settlement

by Declan Nicolas Published 3 years ago Updated 2 years ago
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Farmers, Others Receive More Than $400 Million in Syngenta Settlement Payments.May 8, 2020

Full Answer

How much will Syngenta contribute to the settlement?

Syngenta spokesperson Paul Minehart previously told DTN that Syngenta plays no role in the distribution of settlement funds, as the company already has contributed $1.51 billion. According to the settlement, there are four subclasses approved as eligible for payments.

How much did Syngenta's Agrisure lawsuit cost?

The court previously approved the $1.51 billion settlement from a lawsuit filed following Syngenta's release of Agrisure Viptera (MIR162) and Agrisure Duracade corn traits.

When will Syngenta settlement checks be sent out?

The first round of Syngenta settlement checks will continue to be sent out until June 1. (DTN file photo) OMAHA (DTN) -- Farmers who have yet to receive a first-round payment from the $1.5 billion Syngenta corn seed settlement may yet see a check come in the mail.

Who is a Syngenta farmer?

First, are farmers who owned any interest in corn in the United States but did not plant the Syngenta seeds in question. A second subclass includes any producer who owned any interest in corn in the U.S. priced for sale, purchased Agrisure Viptera and/or Agrisure Duracade corn seed, and produced corn grown from those traits.

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How much was the settlement for Syngenta?

farmers against Syngenta for a total amount between $1.4 and $1.5 billion. Nearly all U.S. corn farmers are, apparently, included in the settlement.

When was Syngenta v. Kansas verdict?

On June 23, 2017 , at the end of a three week trial, a jury in the United States District Court for the District of Kansas issued a verdict in favor of a class of Kansas farmers against Syngenta. The jury’s Verdict Form includes the following questions and answers:

How much was the verdict for the Kansas class?

Such numbers from the two professors are different, but-similar. And the $217.7 million verdict for the Kansas Class is between the $235 million damages number from Prof. Babcock and the $192 million damages number from Prof. Carter.

Who provided the information for settlement negotiations?

Accordingly, it seems that settlement negotiations would utilize, as a starting point, the information provided by Professors Babcock and Carter and provisions of the allocation Order.

Is Syngenta going to appeal the jury verdict?

Syngenta has expressed its intention to appeal the jury verdict, but the deadline for doing so has not yet arrived.

How much is the settlement for the corn farmers?

In late 2018, the court approved the settlement for $1.51 billion. The settlement includes all U.S. corn farmers, including those who opted out of the original class-action suit and those who grew Agrisure Duracade and Agrisure Viptera.

What is going on with the settlement right now?

Several individual attorneys are currently appealing the final order , arguing that the judge did not have the authority to invalidate the contingent fee agreements. At the same time, other appeals are ongoing from class members who feel the final settlement is not fair.

What led to this settlement?

In 2010, Syngenta was approved to begin selling seeds containing the MIR162 genetic event . Syngenta started selling the MIR162 in 2011 in Agrisure Duracade and Agrisure Viptera corn varieties. The Chinese government had yet to approve MIR162, but in 2013 MIR162 appeared in shipments to China.

What happened to producers who did not grow the MIR162 genetic event?

Producers who did not grow the MIR162 genetic event began to file lawsuits against Syngenta. A judicial panel combined the lawsuits into one federal district court case, and in late 2016 the court granted class certification for nine classes of producers. Syngenta eventually agreed to a settlement in 2018.

When did Syngenta start selling Mir162 seeds?

In 2010, Syngenta was approved to begin selling seeds containing the MIR162 genetic event. Syngenta started selling the MIR162 in 2011 in Agrisure Duracade and Agrisure Viptera corn varieties. The Chinese government had yet to approve MIR162, but in 2013 MIR162 appeared in shipments to China.

Is settlement a guess?

With too many unknowns currently, any estimate on a settlement amount is a guess.

Where to send W-9 to corn seed settlement?

They may do so in one of two ways: (1) go to www.CornSeedSettlement.com and click SUBMIT MY W-9 FORM, or (2) complete the W-9 form included in the NOD, and mail it to: Corn Seed Settlement Program Claims Administrator, P.O. Box 26226, Richmond, Virginia 23260. There is no deadline to submit your IRS W-9 form, but until you do, you won’t be paid.

When did Syngenta launch genetically modified corn?

This week we received some very good news for corn farmers nationwide who suffered price losses associated with the botched launch of genetically-modified corn seed by Syngenta in 2013. On January 3, 2020, the U.S. District Court for the District of Kansas in Kansas City approved a $1.5 billion settlement to compensate thousands of farmers for their losses.

What are the expected settlement amounts for Paraquat lawsuits?

Paraquat lawsuits in the highest settlement tier could have a settlement payout value between $400,000 and $1,000,000. Cases lower settlement tiers will have lower values. Our lawyers have high expectations for the settlement value Parkinson’s Paraquat lawsuits.

When will the Paraquat lawsuit be settled?

A global settlement in the paraquat litigation is not expected until 2023 at the earliest and possibly longer.

What is the deadline for filing a paraquat lawsuit?

Most paraquat lawsuits are filed years or decades after the plaintiff was actually exposed to paraquat. Calculating the exact deadline for filing your claim can be complicated and you should consult with a lawyer.

How much did Acme pay for widget lawsuits?

Under the global settlement, Acme agrees to pay $500 million to settle the remaining 5,000 widget lawsuits. If this were divided evenly it would result in a gross payout of $100,000 to each plaintiff. But the settlement agreement includes a tiered system in which each plaintiff is ranked according to the severity of their injuries (and other factors). Plaintiffs in the top tier get higher payouts while plaintiffs in the lower tiers get less.

Why is Parkinson's difficult to value?

Parkinson’s is difficult to value because it is not a common injury in personal injury claims. Becasue Parkinson’s is such an uncommon injury in tort cases, we will also look at settlements in verdicts for tardive dyskinesia, a condition that is similar to Parkinson’s.

What was the verdict in Tamaraz v Lincoln Electric?

Tamaraz v Lincoln Electric (Ohio 2007) $20,500,000 Verdict: this was a welding rod product liability case in which the plaintiff alleged that he developed Parkinson’s disease from exposure to manganese in welding rods. Jury awarded $17.5 million to him and another $3 million to his wife. This was the only welding rod case that ended in a verdict for the plaintiff.

Where is the paraquat lawsuit?

Liab. Lit., MDL 3004) has been created in the Southern District of Illinois for consolidated handling of the paraquat claims. The paraquat litigation is still in its early stages and is expected to grow rapidly as hundreds and thousands of additional cases get filed.

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Prior Jury Verdict

Post-Verdict Wrangling

  • Since June 23, 2017, the parties in the Kansas lawsuit have been wrangling over post-trial matters, such as requests by both parties for a Court-approved plan for allocating the $217.7 million verdict amount and for scheduling additional bellwether trials for other state classes. Syngenta has expressed its intention to appeal the jury verdict, but the deadline for doing so has not yet ar…
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Second Jury Trial

  • Meanwhile, another bellwether trial began on September 11, 2017, in the District Court for Hennepin County, Minnesota, for a related group of farmers against Syngenta. Trial continued through the first full week and through Wednesday of the second week. Then, in a harbinger of the settlement to come, trial recessed for Thursday and Friday of that week.
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Reports of Settlement

  • The following Monday, September 26, news reports started circulating on a settlement of all claims of all U.S. farmers against Syngenta for a total amount between $1.4 and $1.5 billion. Nearly all U.S. corn farmers are, apparently, included in the settlement. It doesn’t make any difference whether the farmer has hired an attorney, is involved in a ...
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Some Speculation

  • So, we are all left to speculate on what such a settlement might mean. Speculation is always a hazardous thing. But I’m going to make an attempt, here, to pull some damages information from two expert witnesses in the Kansas trial and extrapolate from there on what the $1.4 to $1.5 settlement amount might mean. By way of emphasis, the following is, at best, an educated gues…
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Expert Witness Information on Damages

  • Plaintiffs in the Kansas lawsuit presented evidence on damages from two experts. One expert is Bruce A. Babcock, a Professor in the Department of Economics at Iowa State University. The other is Colin A. Carter, a Professor of Agricultural and Resource Economics at University of California, Davis. These two experts identify “cents per bushel market losses” and total market losses as fo…
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An Allocation Order

  • On September 13, 2017, the Judge, in the Kansas lawsuit entered an “Order” for developing a “Plan of Allocation of Judgment Funds.” The order provides: “If the jury’s verdict and damages award are upheld after any appeals,” then details will be developed for “the allocation” of judgment funds for distribution to Kansas farmers. The Order references expert testimony on damages and adds…
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Some Assumptions

  • Accordingly, it seems that settlement negotiations would utilize, as a starting point, the information provided by Professors Babcock and Carter and provisions of the allocation Order. The settlement amount [let’s call it $1.45 billion] is 36.71% of Prof. Babcock’s national class number and 30.99% of Prof. Carter’s national class number. For any particular farmer trying to e…
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Hypothetical Calculations of A Net Recovery

  • For illustration purposes, here’s how a hypothetical calculation of a “cents per bushel” net recovery might work, using the experts’ average “cents per bushel” loss numbers as an example:
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Future Action by Farmers to Present Claims

  • As to future action by each farmer to present his/her/its claim for a distribution from the settlement money, the process will, presumably, work something like this: --Once settlement documents are finalized, signed, filed and approved by all the courts involved, then farmers will be notified and will need to present their claims in writing to receive settlement funds; and --Proced…
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