Legal Question in Business Law in Indiana

Genetically modified organism (GMO)

First of all I will assume you aren�t familiar with farming. A GMO is a modified plant for a desired unnatural trait. In this case we will be talking about the round �up ready gene, which was created by the company Monsanto Technology. Monsanto requires you basically to sign a contract which states that you will not plant the seed from the crop you raise. We on our farm however have a policy that we do not plant ANY gmo trait seed. Yesterday we were harassed by team of lawyers from ST Louis who said they had a record of us purchasing 250 units of seed in 2002 from a local seed retailer, and we did not provide them (Monsanto) with a record of where we sold the crop, and in turn are trying to collect tech fees from this crop which we did not raise. Is there any legal recourse that we can take for the time, mental anguish and false accusations?


Asked on 11/09/06, 1:23 pm

2 Answers from Attorneys
John Bator Bator Redman & Shive

Re: Genetically modified organism (GMO)

I am familiar with farming having represented farmers and farm credit for years. In order to answer you correctly, I need to know more information. Did you conveince the St Louis attorneys that they had no claim? Did they sue? Have you incurred any monetary damages? Or are your damages limited to your time and frustration? Did they "publish" their claims by telling anyone or making it public record? Have you experuenced any lost opportunities or damages due to their slander?

In general, without any actual out of pocket damages, it's hard to get the damages you described.

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Answered on 11/09/06, 1:37 pm
C. David DuMond Law Offices of David DuMond

Re: Genetically modified organism (GMO)

If you did not purchase or otherwise acquire the units of Monsanto's GMO seeds, then you have suffered a slander or libel. (Make sure you have the facts right about that.) If Monsanto acquired this misinformation from a third party, then the third party would be liable for your damages, which could include emotional distress and other non-economic damages. If Monsanto passed this misinformation around to others, then Monsanto itself would also be liable. Monsanto might also have engaged in conduct which violates applicable federal or state fair trade laws. I suggest you send a written response to the lawyers, demanding to know the source of their misinformation. Give them a week or so to respond. If merely barking back at these people leaves you unsatisfied, and if they don't respond, you will have to file a lawsuit to compel discovery. Be sure to retain a lawyer with experience in business litigation, preferably federal litigation, since Monsanto will likely move the case to federal court. Good luck.

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Answered on 11/09/06, 2:07 pm


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