Decision 2020 – Dicamba, Onion Aphrodisiac, and other legal news to ponder from Cape Law Firm

Onion Pornography too hot for Facebook

We appreciate a good branding story, and The Seed Company by E.W. Gaze may have hit brand nirvana with its sexy onions. The company attempted to advertise its Walla Walla onion variety by posting a picture of a basket full of the onions on Facebook. However, the post was rejected by Facebook’s algorithms for being “overtly sexual.” The company then posted Facebooks’ rejection of the ad and it garnered a ton of attention. Apparently, the rejection has been good for sales for the lusty Walla Walla since the company’s manager reported that they had sold more of the variety in the three days following the rejection than they had in the last five years!

Decision 2020 – Dicamba

The EPA has been working towards a self-imposed deadline of mid-October for a registration decision on dicamba for use on dicamba-tolerant crops. The timing of the decision is important to farmers as they making planting decisions for the upcoming season. Dicamba continues to receive outsized attention due its tendency to move off-target and injure trees and other crops. To qualify for registration, a pesticide must perform its intended function “without unreasonable adverse effects on the environment.” The EPA’s criteria for an unreasonable environmental risk takes into account “the economic, social, and environmental costs and benefits” of the pesticide. So will the benefits of dicamba outweigh its costs? If the EPA sticks to its timeline, we should find out soon enough.

Cape Law Firm’s Frequently (or Randomly) Asked Questions

“When can I recover my attorney’s fees in a lawsuit?”

Under the default “American Rule,” the winning party does not automatically get to recover their attorney’s fees – or, stated another way, the losing party doesn’t have to pay the other side’s fees. Both sides pay their own way, including attorney’s fees. The policy behind the American Rule is that people should not be afraid of seeking legal remedies on the chance that they may have to pay the other side’s legal bills. As with most rules, the American Rule has a bunch of exceptions. The most common exceptions are:

  • A specific federal or state statute that allows the winner to recover fees
  • A contract between the parties requires the loser to pay

Examples of statutes that allow the winner to recover fees are the Magnuson-Moss Warranty Act, the Plant Variety Protection Act, and Arkansas’ law regarding breach of contract and account collections. It has also become fairly common to include an attorney’s fee provision in many types of business contracts in order to avoid the occasionally harsh results of the American Rule.

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