Section Newsletters

Articles From Jeffrey A. Mollet

Using spaghetti westerns to understand coal mining in today’s agricultural setting By Jeffrey A. Mollet Agricultural Law, December 2014 This newsletter's editor has discovered that the present state of the mining industry can be summed up by simply referring to the titles of Sergio Leone’s spaghetti western “dollars” movies from 50 years ago.
Is there an Oliver Douglas in the house? By Jeffrey A. Mollet Agricultural Law, October 2014 “Right-to-farm” laws have been at least partially successful in defeating claims or chilling litigation by new neighbors against established farming operations, especially those cases relying on nuisance as the cause of action.
Missouri right-to-farm now a Constitutional amendment By Jeffrey A. Mollet Agricultural Law, October 2014 Every state has adopted some type of right-to-farm law in its statutory scheme,1 but only two have raised that protection to the constitutional level.
Piercing the corporate veil—Should farmers care? By Jeffrey A. Mollet Agricultural Law, September 2014 Can the corporate veil be pierced to collect a judgment from a non-shareholder? This question was addressed by the Illinois Appellate Court for the First District in Buckley v. Abuzir.
Relying on a homestead exemption? Make sure your client is on title By Jeffrey A. Mollet Agricultural Law, September 2014 The recent decision of GMAC Mortgage, LLC, v. Arrigo et al demonstrates the pitfalls that not formalizing title may bring.
Grain contracting itself not sufficient to vest jurisdiction in Illinois By Jeffrey A. Mollet Agricultural Law, June 2014 The Seventh Circuit, in Northern Grain Marketing, LLC v. Greving, recently affirmed the District Court’s ruling that the defendant lacked sufficient minimum contacts with Illinois to vest the court with personal jurisdiction.
Agriculture remains a dangerous business By Jeffrey A. Mollet Agricultural Law, March 2014 The author provides some startling ag-related injury statistics.
Careful on that farm—Assumption of risk is alive and well in Illinois By Jeffrey A. Mollet Agricultural Law, March 2014 In the recent case of Edwards v. Lombardi, the Third District Appellate Court held that a plaintiff’s on-farm injury claims for “ordinary negligence” were barred by the assumption of risk doctrine. 
All-terrain vehicle stamps—The newest source of revenue for the State of Illinois By Jeffrey A. Mollet Agricultural Law, January 2014 Learn more about this new law, which passed in 2012 and is finally taking effect this year.
2014 tax information By Jeffrey A. Mollet Agricultural Law, November 2013 IRS updates of general interest.
Remaining educated to represent your clients By Jeffrey A. Mollet Agricultural Law, August 2013 Need to familiarize yourself with the unique ag issues that consistently arise? Check out these resources.
“Farm” bankruptcies and the ripple effects By Jeffrey A. Mollet Agricultural Law, May 2013 Perhaps in no area of the law are the problems any bigger than in the realm of bankruptcy, and these problems are magnified and made more difficult when the “farmer” is one of these large operators.
OSHA and the farmer—“Deadliest Catch” on the prairie? By Jeffrey A. Mollet Agricultural Law, February 2013 Between 1992 and 2009, 9,003 farm workers and laborers died from work-related injuries in the US.
Practice tip for locating possible VA insurance benefits By Jeffrey A. Mollet Trusts and Estates, February 2013 If you have a decedent’s name and social security number, you can see if that individual had VA insurance.
Aflatoxin contamination and insurance By Jeffrey A. Mollet Agricultural Law, September 2012 The August 2012 USDA Risk Management Agency fact sheet for aflatoxin testing provides good advice and direction for dealing with the possibility of a discount upon the sale of corn.
Editor’s notes By Jeffrey A. Mollet Agricultural Law, September 2012 An introduction to the issue from Editor Jeffrey Mollet.
Estimating crop insurance recovery 2012 By Jeffrey A. Mollet Agricultural Law, August 2012 Although the true extent of this year's crop losses are not fully known in many areas at this point, it would be helpful for most farmers to have an idea of where they stand with the crop insurance they purchased.
IDOT long-range state transportation plan By Jeffrey A. Mollet Agricultural Law, May 2012 On April 30, 2012, the Illinois Department of Transportation (IDOT) announced plans to update its Long-Range State Transportation Plan (Plan), all as required by the Federal Highway Administration and Federal Transit Administration.
Biofuel tax breaks—To be or not to be? By Jeffrey A. Mollet Agricultural Law, April 2012 The Senate Finance Committee subcommittee has been debating how (or perhaps whether) to extend the now expired and/or expiring alternative fuel federal tax incentives.
Federal court looks at antibiotic use in the livestock industry By Jeffrey A. Mollet Agricultural Law, April 2012 A summary of Natural Resources Defense Council, et al. v. FDA, in which the Court ultimately found that 21 U.S.C. §360b(e) (1) “unambiguously commands the Secretary to withdraw approval of any new animal drug that he finds not shown to be safe, provided that the sponsor of the animal drug has notice and an opportunity for a hearing.
Agricultural fun facts By Jeffrey A. Mollet Agricultural Law, March 2012 How about a few facts about agriculture that you can use to stump your friends at the coffee shop?
A new way of leasing—A looming need for Illinois land owners? By Jeffrey A. Mollet Agricultural Law, March 2012 A list of resources to consider when beginning a land use case.
2012 payroll update By Jeffrey A. Mollet Agricultural Law, January 2012 Many of our farmer and agribusiness clients don’t often understand the various tax and financial issues which necessarily arise as a result of having retained employees (or perhaps “independent contractors,” in many instances).
Apparently, “head-in-the-sand” is not a valid defense By Jeffrey A. Mollet Commercial Banking, Collections, and Bankruptcy, November 2011 The recent case of U.S. v. Buchman gives practitioners guidance on what not to do to prove your case.
Apparently, “head-in-the-sand” is not a valid defense By Jeffrey A. Mollet Agricultural Law, October 2011 The recent case of U.S. v. Buchman gives practitioners guidance on what not to do to prove your case.
Roaming the prairie—Random thoughts on recent agricultural topics of interest By Jeffrey A. Mollet Agricultural Law, June 2011 Legal updates of interest to agricultural law practitioners.
Convenience accounts—A necessary addition to your estate plan checklist? By Jeffrey A. Mollet Agricultural Law, June 2010 A convenience account could be a valuable tool in developing a comprehensive plan for the parents who are not sure they want to let go of everything just yet.
Riparian rights—The simmering-hot topic? By Jeffrey A. Mollet Agricultural Law, June 2010 The sale and purchase of non-tillable property is a growing area of the law. This newsletter has published numerous articles related to the subject, with more to come in the next few months.
Public nuisance, private nuisance and trespass—Issues for siting a new Livestock operation By Jeffrey A. Mollet Agricultural Law, February 2010 The apparent decline of the livestock industry in Illinois seems to be the result of numerous factors.
My basement is a swimming pool—Can I move an easement to fix it? By Jeffrey A. Mollet Agricultural Law, December 2009 A recent appellate court decision may have an impact on your agricultural client’s access to the property it owns or operates.

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