Paraquat lawsuits, Midwestern Hemp Database, and other legal news to ponder from Cape Law Firm
Paraquat lawsuits allege link to Parkinsons
A growing number of lawsuits alleging Paraquat herbicide causes Parkinson’s Disease are being filed in courts around the country. Paraquat has been used for many years as a broad spectrum broadleaf and grass herbicide and is most commonly known by the brand name Gramoxone. The lawsuits allege many of the same types of claims that were involved in the Roundup cancer litigation, including defective design, failure to warn of health risks, negligence, and breach of implied warranties. However, in contrast to glyphosate, paraquat is highly toxic and is classified as a restricted-use pesticide. In late 2020, EPA issued an interim decision to re-register Paraquat finding that there was “insufficient evidence” to link registered paraquat products to a range of health outcomes, including Parkinson’s Disease.
Midwestern Hemp Database
A collaboration of four university extension services has produced the Midwestern Hemp Database, an online database of hemp genetics and agronomic practices. Because hemp is so “new” as a commercial crop there is a general lack of reliable research and data for growers and processors to follow. The project was aimed at establishing a performance baseline for several hemp varieties and results for several hemp farming practices. Data and field samples were submitted by growers during the 2020 growing season, allowing researchers to evaluate cannabinoid profiles, yields, planting methods, and other production metrics. The project is seeking growers for the 2021 season to participate in data collection efforts and has added more university collaborators, including Ohio State University and University of Kentucky.
Cape Law Firm’s Frequently (or Randomly) Asked Questions
” I’ve been using that land for 20 years. Shouldn’t I own it through adverse possession?”
A court can award title to land through adverse possession if a party can show several factors regarding their use and possession of land for the required period of time (typically up to 10 years). To claim title by adverse possession, a party must show:
- “Actual” possession of the land, which means the ability to control the land and exclude others
- The possession must be “open and notorious,” i.e., it must be obvious to other people
- Possession must be “exclusive,” i.e., possession isn’t being shared with the true owner
- Possession must be “continuous” for the required period of time
- Possession must be “hostile,” i.e., without permission of the true owner
Adverse possession claims always depend heavily on the unique facts surrounding the possession and use of the land at stake.