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Documents on Agricultural Law, Energy, Agriculture
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|Court of Appeals Holds Owner Can be Held Liable for Negligence Because of Defective Front-End Loader|
Dirk H. Beckwith, Rachel N. Gizicki; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 21, 2014The Michigan Court of Appeals recently held that a plaintiff who fell from a front-end loader (also known as a pay loader or bucket loader) that was missing part of the ladder used to access the cabin, had a claim of ordinary negligence against the owner.
|Incoming: Recent News on FAA Drone Approval May Benefit Agricultural Operations|
Taylor A. Gast, John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 21, 2014The Federal Aviation Administration (FAA) recently approved the first commercial use of low-risk unmanned aircrafts, commonly called drones. This news comes shortly after the FAA’s June 2, 2014 press release announcing that it was considering petitions for drone use from seven commercial...
|USDA Orders Reporting of Porcine Epidemic Diarrhea Virus|
Todd W. Hoppe, Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
July 25, 2014, previously published on July 18, 2014Over 7 million pigs have died from the Porcine Epidemic Diarrhea Virus (PEDv) since May 2013. The infected pigs come from farms of all sizes in 30 states and four Canadian Provinces. While the virus doesn’t affect humans or the safety of pork products, it is a matter of great concern to pork...
|USDA to Fund Electric System Improvements in Rural Areas|
Sutherland Asbill Brennan LLP;
July 18, 2014, previously published on July 16, 2014The United States Department of Agriculture (USDA) announced that it will invest more than $250 million in loan proceeds to help improve the reliability of electric systems in rural areas in eight states. A portion of the funds will be used to modernize the systems with smart grid improvements.
|New FDA Current Good Manufacturing Processes Rule Expected for Animal Food Manufacturers|
Diane J. Romza-Kutz, Fredric E. Roth; Husch Blackwell LLP;
July 9, 2014, previously published on July 3, 2014As part of the Food Safety Modernization Act (FSMA) passed in March of 2011, the FDA was given a mandate to update its regulations to create a new set of regulations/rules that enables it to prevent the introduction of adulterated food into the human and animal food supply in the U.S., as opposed...
|The Food Fight Continues: POM Wonderful’s Lanham Act Claim Not Barred by Food Labeling Regulations|
Michael R. Annis, Christopher M. Bikus, Megan R. Galey; Husch Blackwell LLP;
June 26, 2014, previously published on June 17, 2014Last Thursday (June 19), the U.S. Supreme Court unanimously decided that the federal Food, Drug and Cosmetic Act (“FDCA”) does not preclude POM Wonderful’s deceptive labeling claims under the Lanham Act against Coca-Cola. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, slip op. at...
|United States Court of Appeals for the District of Columbia Circuit Dismissed Plaintiffs’ Claims for Lack of Article III Standing and Failure to Demonstrate General Causation|
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
June 25, 2014, previously published on June 2014In Venancio Aguasanta Arias v. Dyncorp, the United States Court of Appeals for the District of Columbia Circuit affirmed all but one of the prior judgments rendered by the District Court. Appellants consist of a group of Ecuadorian provinces and individual farmers who alleged personal injury and...
|Brand Owners Beware: Important Changes in Canadian Trademark Law are on the Horizon|
Joan K. Archer; Husch Blackwell LLP;
June 11, 2014, previously published on June 4, 2014The Canadian Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. This omnibus bill includes changes to a wide variety of laws in Canada. The potential amendments to Canada’s Trade-marks Act will have a significant impact on brand owners, as well as intellectual...
|Keeping the Farm in the Family: Gift Planning by Defined Valuation Clauses|
George F. Bearup; Smith Haughey Rice & Roegge, P.C.;
June 6, 2014, previously published on May 27, 2014We regularly counsel our clients on their desires to keep the farm in the family. Farms tend to embody a lot of family history and hard work that their owners want to pass on to their kids and grandchildren. Although there are numerous ways to pass it on, one of the ways often contemplated is by a...
|Senate Agriculture Committee Raises Concerns about Proposed RUS Environmental Regulation|
Sutherland Asbill Brennan LLP;
June 2, 2014, previously published on May 28, 2014In its report accompanying spending legislation for fiscal year 2015, the Senate Agriculture Committee has directed the U.S. Department of Agriculture’s (USDA) Rural Development office to provide a report on the impact of a controversial regulation proposed by the USDA. The regulation at...