Corn Growers’ Questions & Answers

What is the corn growers’ litigation against Syngenta?

The Syngenta litigation is for the recovery of corn growers’ economic loss as a result of Syngenta’s premature release of two corn seed varieties (Viptera and Duracade). These varieties are approved in the United States, but had not been approved in all export markets, including China.

In November 2013 China, an important export market for U.S. corn, tested some U.S. corn shipments and discovered the shipments included the genetically-modified (MIR 162 GMO) trait found in Viptera and Duracade. China immediately began rejecting U.S. corn shipments, which continues to this day.

From mid November 2013 to March 2014, the NGFA reported that 3.3 million metric tons of U.S. corn was globally rejected, with 1.45 million metric tons rejected by China. The price of corn experienced a drastic drop.

Hundreds of actions have been filed nationwide. Cargill and ADM were among the first plaintiffs to file suit against Syngenta. The corn growers’ claims and Cargill/ADM claims are both are based on the theory that Syngenta’s actions caused the price of corn to drop, so your interests and Cargill and ADM’s interests are closely aligned. The cases have been transferred to the Multi District Litigation (MDL) proceeding in Kansas. The federal judge hasalready entered several ordersin these cases and is moving the cases forward.

This MDL litigation seeks to compensate U.S. farmers who did not grow Viptera or Duracade for market losses they suffered due to Syngenta’s failure to take proper steps to ensure its Viptera corn was channeled so that it would not end up in the part of the U.S. corn supply that was exported.The loss of China, a significant U.S. corn export market, has decreased demand for U.S. corn around the world. This decreased demand caused a decrease in the market price for all U.S. corn, regardless of its variety.

How do I get signed up for the litigation?

Farmers who grew corn in 2013 and/or 2014 and commercially sold their corn are eligible to participate in this litigation for the recovery of lost income due to a decline in the corn market. There is no cost to the corn grower to participate in the litigation.

To participate in the litigation, please contact: Michelle Donarski or Lowell Bottrell at the Anderson, Bottrell, Sanden & Thompson Law Firm in Fargo, ND at 701-235-3300 or here for Client Engagement Agreement. Please complete and return the last page of the Client Engagement Agreement.

If I grew Syngenta's Viptera or Duracade, do I have a claim against Syngenta?

You might have a claim against Syngenta. However, this lawsuit only involves farmers who did not purchase or plant Syngenta's Viptera or Duracade. If you grew Viptera or Duracade and would like to investigate whether you have a claim, you are welcome to contact us to discuss.

Are there any risks to me participating in this litigation?

Syngenta has reported that it is considering whether to file counterclaims against corn growers. We believe that this is nothing but a scare tactic to discourage the filing of additional lawsuits. While we can never say never, the probability of Syngenta filing counterclaims against corn growers based on some theory that these actions are frivolous is extremely small for several reasons, one being the federal judge has already entered several orders on these cases and would not do so if such cases were frivolous. Also, ADM and Cargill and their legal teams believe these cases have merit and are working together with our legal teams. Moreover, it would be bad business for Syngenta to sue farmers. Farmers are Syngenta’s customers, and how many farmers would be anxious to buy from Syngenta if Syngenta starts suing individual farmers?

What is the value of the claims in this litigation?

Last spring the National Grain and Feed Association (NGFA) estimated that the industry as a whole had already suffered up to a $2.9 billion hit. Determination of the value of the plaintiffs’ claims requires a very complicated analysis, and two of the nation’s most prominent agricultural economists have been retained to examine this issue. Very rough, initial estimates of damages vary considerably – from a low of about 11 cents per bushel to a high of maybe 50 cents per bushel.

Do corn growers who chopped their corn and sold as silage have a claim?

No.

Would a large settlement or verdict bankrupt Syngenta?

Syngenta is a multi-billion dollar company with operations all over the world; in 2014, Syngenta had $15.1 billion in sales. There is no meaningful risk that this litigation will bankrupt the company.

How long will this litigation take?

The litigation would probably take at least two-three years, but would probably not be more than five to six years. The federal judge in Kansas who is handling the MDL has little patience for dilatory tactics. His recent refusal to bifurcate discovery in the class actions is a good sign that he wants to move this case along.

Does it matter which law firm I sign up with?

Yes, the Anderson & Bottrell law firm is a North Dakota law firm who has represented farmers for years. We are working with the lead counselappointed by the federal judge handling the Syngenta litigation to be on the leadership group of attorneys representing corn growers’ claims. Our lead attorneys have experience in successfully trying these type of cases. You can obtain more information about the lead counsel at

Together, we are committed to getting the best recovery for you.

How do I obtain more information?

Please contact:Michelle M. Donarskior Lowell Bottrell

Anderson, Bottrell, Sanden & Thompson

4132 30th Avenue South, Suite 100

P.O. Box 10247 | Fargo, ND 58106-0247

Phone: 701.235.3300

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