Agricultural Law

The newsletter of ISBA’s Section on Agricultural Law

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2014 Articles

2014 Farm Act shifts crop commodity programs away from fixed payments and expands program choices By Anne Effland, Joseph Cooper, & Erik O’Donoghue August 2014 An overview of the new law from the Economic Research Service of the United States Department of Agriculture.
Agriculture remains a dangerous business By Jeffrey A. Mollet March 2014 The author provides some startling ag-related injury statistics.
All-terrain vehicle stamps—The newest source of revenue for the State of Illinois By Jeffrey A. Mollet January 2014 Learn more about this new law, which passed in 2012 and is finally taking effect this year.
Careful on that farm—Assumption of risk is alive and well in Illinois By Jeffrey A. Mollet 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. 
The current state of the farmland market: Observations, opinions, and outlook By John D. Moss April 2014 The author provides an update on the farmland prices and trends.
Grain contracting itself not sufficient to vest jurisdiction in Illinois By Jeffrey A. Mollet 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.
Illinois court says insurer cannot escape duty to defend hog odor lawsuit under “pollution exclusion” in umbrella policy By Kristine A. Tidgren January 2014 In what could broaden an insurer’s duty to defend Illinois livestock producers in odor lawsuits, an Illinois appeals court has rejected an insurer’s denial of coverage to hog confinement operators pursuant to a standard “pollution exclusion” provision in an umbrella liability policy
Illinois federal court finds that beneficial owner of Illinois land trust does not qualify as an “owner” for farm program payments By Kristine A. Tidgren April 2014 The District Court for the Northern District of Illinois has ruled that the definition of “owner” for purposes of Farm Service Agency payments through the Direct and Counter Cyclical Payment Program does not include the beneficial owner of an Illinois Land Trust.
2 comments (Most recent April 10, 2014)
In prescriptive easement claims the element of what constitutes exclusivity of use was recently clarified by the Illinois Supreme Court By Michael A. Mattingly December 2014 A discussion of the recent case of Nationwide Financial, LP v. Pobuda.
Is there an Oliver Douglas in the house? By Jeffrey A. Mollet 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 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.
Monsanto and conventional growers: Legitimacy of inadvertent patent infringement By Ganiyou Gassikia June 2014 Could Monsanto sue farmers for patent infringement if drifts of its patented genetically modified seeds contaminate their lands?
Piercing the corporate veil—Should farmers care? By Jeffrey A. Mollet 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.
Privacy and security principles for farm data—November 13, 2014 December 2014 The organizations and companies listed in this article believe the following data principles should be adopted by each Agriculture Technology Provider.
1 comment (Most recent May 23, 2015)
Relying on a homestead exemption? Make sure your client is on title By Jeffrey A. Mollet September 2014 The recent decision of GMAC Mortgage, LLC, v. Arrigo et al demonstrates the pitfalls that not formalizing title may bring.
Use of unmanned aircraft by farmers: Legal considerations By Craig J. Sondgeroth January 2014 While these aircraft may be a farmer’s next precision agriculture tool, the legal implications should also be considered.
1 comment (Most recent January 15, 2014)
Using spaghetti westerns to understand coal mining in today’s agricultural setting By Jeffrey A. Mollet 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.