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FEDERAL JUDGE LIMITS SCOPE OF LITIGATION AGAINST SYNGENTA'S VIPTERA TRAIT IN CORN SHIPPED TO CHINA
Aug. 25, 2016
Agri-Pulse reports:
A federal judge has limited the scope of litigation seeking to hold Syngenta responsible for damages caused by China's rejection of genetically engineered corn in 2013.
U.S. District Judge John Lungstrum last week ruled that the federal Grain Standards Act (GSA) pre-empts state-law claims of negligence brought by eight farms in an already crowded class-action being overseen by the judge in Kansas City, Kansas.
But he also left the door open for those plaintiffs, and thousands more whose lawsuits await adjudication by Lungstrum, to argue other theories of negligence. In general, the growers, who did not use the GE corn at issue - Agrisure Viptera and Agrisure Duracade - contend that Syngenta pushed ahead with commercialization of the traits before China approved them for import.
China halted U.S. corn shipments in late 2013 after detecting MIR 162, the genetically engineered trait in Viptera seed, in U.S. corn shipments. Although it approved imports of MIR 162 corn a year later, the National Grain and Feed Association estimated that the trade disruption cost U.S. growers as much as $2.9 billion.
In addition to targeting Syngenta, the eight lawsuits brought by Phipps Anderson Deacon in San Antonio also alleged that Archer Daniels Midland, Bunge North America, Cargill, Louis Dreyfus Co., and Gavilon Grain were negligent in their handling of the GE corn. The judge dismissed the claims against those companies, as well, but gave the plaintiffs a chance to amend their complaint against Gavilon Grain.
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