Cases
- Plant Variety Protection Act Infringement – prosecuted infringement of PVP-protected variety of peanuts. After infringement was established by summary judgment, case settled to client’s satisfaction.
- Shareholder Oppression/Breach of Fiduciary Duty/Unfair Trade Practices – represented a minority shareholder of a manufacturing/purchasing cooperative against the cooperative, its officers and directors, for expulsion from the cooperative. A very favorable settlement was obtained on behalf of the client before the close of discovery.
- Patent Infringement – prosecuted infringement and seed piracy claims on behalf of patent owner of biotechnology traits in soybeans. Defendant’s piracy of patented seed occurred over a three year period. Infringement was established by summary judgment, and proceeded to trial on the issues of damages and the willful and malicious exception to discharge in bankruptcy. The Court found that the defendant’s infringement was both willful and malicious making the damages award non-dischargeable. The Court also awarded exemplary damages and attorney’s fees.
- Fraud/Misrepresentation/Contract Breach – Represented barrel racer asserting claims involving soundness and misrepresentations made during client’s purchase of Quarter Horse. Case settled to client’s satisfaction.
- Regulated Utility Pole Attachment dispute – Defended electric cooperative in pole attachment dispute brought by cable/telecommunications operator. Dispute litigated before Public Service Commission over the terms and conditions of attachment to approximately 7,500 miles of utility poles.
- Trade Secret/Non-Compete – defended client against claims of theft of trade secret and breach of non-competition agreement alleged by former employer. Case settled to client’s satisfaction before close of discovery.
- Product Liability – asserted claims for strict liability, contract breach, warranty breach, and fraud on behalf of seed treatment blender against manufacturer and distributor of treatment ingredients.
- Patent Infringement – prosecuted claims against mobile seed cleaner inducing infringement by cleaner’s customers. Obtained permanent injunction.
- Product Liability – defended herbicide manufacturer against claims alleging herbicide injury to corn crop by herbicide applications. Obtained dismissal of all claims.
- Patent Infringement – defended oil field tool supplier of tools against claims of patent infringement relating to a work platform for off-shore oil & gas wells.
- Product Liability – defended herbicide manufacturer against claims alleging injury to black-eyed peas from misapplication of herbicide and defective pump on herbicide shuttle container. After taking depositions of plaintiff and plaintiff’s employees, the case settled for less than nuisance value.
- Faulty Workmanship/Contract Breach/Warranty Breach – represented poultry producer in claims involving construction of poultry houses asserted against builder.
- Product Liability – defended commercial producer of strawberry plants involving disease infection of plant propagating material and bad-faith. Case was removed to federal court and subsequently settled for nominal sum to client’s satisfaction.
- Patent Infringement – prosecuted numerous cases of seed piracy involving patented biotechnology traits in soybeans and cotton various jurisdictions in the U.S. In many instances, infringement was established by summary judgment, and subsequently settled. Many others settled before suit was filed, or in the early stages of discovery.
- Personal Injury – defended trucking company and truck driver in personal injury claims arising from a plaintiff’s nighttime collision into semi-tractor and trailer. Case settled for nominal value in early stages of discovery.
