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|Monsanto Avoids Declaratory Judgment Action Brought by Organic Farmers|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
June 14, 2013, previously published on June 13, 2013In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from asserting its patents against these farmers for inadvertent...
|Project Finance and USDA Rural Utilities Service - Request for Comments|
Bryan Stockton; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 7, 2013, previously published on June 6, 2013On June 5, Acting Agriculture Under Secretary for Rural Development Doug O’Brien announced publication of an Advanced Notice of Proposed Rulemaking (ANPR) requesting public comment on expanding renewable energy and project financing programs under the Rural Utilities Service (RUS). The RUS...
|Can Our Association Do That? FCA Adopts New Rule for Farm Credit Subsidiaries|
Patrick F. Brown, David Gossett; Nexsen Pruet, LLC;
June 5, 2013, previously published on May 29, 2013The Farm Credit Administration has adopted a new final rule governing the ownership and use of unincorporated business entities (UBEs) by Farm Credit System institutions. It applies to investments by System institutions in limited partnerships, limited liability partnerships, limited liability...
|Identity of UM/UIM Insurance Carrier Must be Identified to the Jury when it is a Party to Civil Action|
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
May 29, 2013, previously published on May 2013In this recently issued opinion from the Maryland Court of Special Appeals, authored by Judge Wright, the Court of Special Appeals vacated a defense verdict and remanded the matter for a new trial. The Court held that the failure to have State Farm Mutual Automobile Insurance Company identified as...
|Business Divorce Cases in the Suffolk County Commercial Division|
Peter A. Mahler; Farrell Fritz, P.C.;
May 29, 2013, previously published on May 28, 2013Since the Second World War New York’s Suffolk County, occupying almost two-thirds of Long Island’s land mass, has experienced tremendous changes in population, demographics and in its economy.
|Senate Agriculture Committee Approves Farm Bill|
McDonald Hopkins LLC;
May 22, 2013, previously published on May 17, 2013This week, the Senate Agriculture Committee approved a 5-year Farm Bill by a vote of 15 to 5. Four Republicans - Roberts (R-KS), Johanns (R-NE), Thune (R-SD), and McConnell - were joined by one Democrat - Gillibrand (D-NY) - in opposing the bill.
|FSIS Finalizes Rules Mandated by the 2008 Farm Bill|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
May 22, 2013, previously published on May 14, 2012On May 8, 2012, the Food Safety and Inspection Service (“FSIS”) published three sets of regulations mandated by the 2008 Farm Bill: (1) regulations requiring that meat and poultry plants promptly (within 24 hrs) notify FSIS that a contaminated or misbranded product has been released...
|Supreme Court Nips Patent Exhaustion Doctrine in the Bud|
James Moore Bollinger, Heather Morehouse Ettinger, Daniel A. Ladow, Phoenix S. Pak; Troutman Sanders LLP;
May 17, 2013, previously published on May 16, 2013In Bowman v. Monsanto Co., the Supreme Court ruled unanimously for Monsanto, holding that the patent exhaustion doctrine does not limit a patentee’s right to exclude others from reproducing their patented seeds after an authorized sale. The ruling preserves a critical patent right and limits...
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
May 14, 2013, previously published on May 2013Immigration reform is a hot-button, important issue. Recently, both the Senate and House have introduced legislation regarding immigration and agriculture. On April 16, 2013, eight Senators introduced comprehensive immigration reform legislation (titled the "Border Security, Economic...
|FMCSA Expands Hours of Service Exemptions for Farmers|
Dirk H. Beckwith; Foster, Swift, Collins & Smith, P.C.;
May 14, 2013, previously published on May 2013The Federal Motor Carrier Safety Administration ("FMCSA") promulgates regulatory exemptions for the "transportation of agricultural commodities and farm supplies" and for "covered farm vehicles" and their drivers. Effective March 14, 2013, the FMCSA adopted a rule that...