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A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics.
  • What We Do
  • Who We Are
    • Joel Cape | Attorney
    • Brynn Crab | Operations Administrator
  • Media
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The Bastardization of Science

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Cape Law Firm Blog

by Joel Cape

Uncategorized

The Bastardization of Science

Modern agriculture is as much a scientific enterprise as it is a practical one, relying on a myriad of scientific fields, including molecular biology, plant breeding, plant pathology, entomology, veterinary medicine, mechanical engineering, geospatial informatics, and a host of others. Yet, science – the body of knowledge built by gathering evidence, testing hypotheses, making observations, and recording data – is under widespread, global assault from fraudsters. That is the frightening conclusion of a recently published study in the Proceedings of the National Academy of Sciences. According to the NAS study, scientific fraud has reached an industrial scale and continues to grow at an astonishing pace. A large part of the problem

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Swasti Jain August 29, 2025
Uncategorized

Dicamba Turns Into the Homestretch for a Comeback

The Environmental Protection Agency (EPA) released a Memorandum on July 22, announcing the Agency’s “proposed” decision to re-register three dicamba herbicides (Tavium, KHNP0090, and Engenia) for over-the-top (OTT) application to dicamba-tolerant soybeans and cotton. While not quite final, the Agency’s foregone decision to re-register dicamba comes just barely a month after the appointment of Kyle Kunkler as the EPA’s top pesticide officer (Deputy Assistant Administrator for the Office of Chemical Safety and Pollution Prevention). Before his appointment, Kunkler was employed as a lobbyist for the American Soybean Association (ASA) and was a strong advocate for the herbicide. Indeed, ASA, along with Plains Cotton Growers, filed a lawsuit against the EPA even after it approved dicamba, arguing that

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joelcape August 27, 2025
Uncategorized

MAHA Commission’s Challenging Ag Policies, and other news to ponder from Cape Law Firm

Making America Healthy Poses Policy Challenges for Farmers & Ranchers When the President’s Make America Healthy Again Commission (MAHA Commission) issued its Assessment report on childhood chronic disease on May 22, reaction among Agriculture industry groups was swift – both good and bad – as was the reaction from other industries the report touched upon. Although the report praised America’s farmers and ranchers for their productivity, some Ag groups were less than enthused by some of the Commission’s criticisms of modern agriculture. (A summary of the Assessment’s passages related to Agriculture can be accessed here.) The Assessment identified four potential drivers of the rise in chronic childhood disease that “present the clearest opportunities

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joelcape July 21, 2025
Uncategorized

Right-to-Repair A Deere Goes to Court, Sustainable Beef Hiring American Workers, and other news to ponder from Cape Law Firm

FTC’s Right-to-Repair Antitrust Suit Against John Deere Moves Forward The Federal Trade Commission’s (FTC) antitrust lawsuit against John Deere regarding Deere’s control over repairs to its tractors and equipment will not be dismissed, and instead will proceed with discovery following a federal court’s recent ruling denying Deere’s motion for judgment on the pleadings. The FTC’s case, in which it is joined by Arizona, Illinois, Michigan, Minnesota, and Wisconsin, primarily alleges that Deere has monopolized the market for equipment repair services through its dominant market position and has limited access to critical repair tools exclusively to its own network of authorized dealers. According to the Complaint, Deere licenses a software tool

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joelcape June 30, 2025
Uncategorized

Bellwether Trials Set for Paraquat Cases

Bellwether Trials Set for Paraquat Cases Lawsuits involving claims that paraquat herbicide is responsible for causing Parkinson’s Disease, or increasing the risk of developing Parkinson’s, will be making their way to trial in 2025 as courts have selected representative cases for bellwether trials. Paraquat is a non-selective herbicide that has been in use since the 1960s, and today is often used as a pre-emergent or defoliant in a number of crops. In the U.S., it is classified as “restricted use” due to its acute human toxicity. The cases are similar to the Roundup (glyphosate) cancer lawsuits and allege that paraquat manufacturers failed to warn users of the risks and dangers

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joelcape June 9, 2025
Agriculture

Defining “Seed”, “Plants” and Other Words in the Corn Seed Wars

The patent and PVP infringement lawsuit between Corteva and Inari has entered a critical phase known as “claim construction.” This is the part of the case where the court decides the meaning and scope of the patent’s “claims,” i.e., those numbered paragraphs at the very end of the patent. A patent’s numbered claims are the patentee’s description of the invention, which typically use terms of art and technical phrases that would be understood by someone knowledgeable in the field of the invention (i.e., skilled in the art). Because words and phrases may convey different meanings, parties in an infringement case submit proposed interpretations of the claims in briefs to the

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joelcape May 19, 2025
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