on PUBPAT (Monsanto) Lawsuit (2012)
See article on Fedco
joining lawsuit against Monsanto here.
For the latest oral arguments click:
From its outset, it was clear that achieving standing to sue would
be the biggest hurdle in our lawsuit against Monsanto. Even where
statutes permit, courts are very reluctant to grant pre-emptive
relief in the absence of clear, specific and incontrovertible economic
damages. Unfortunately, Judge Buchwald, presiding over the suit
against Monsanto in the Southern District of New York, was unpersuaded
by our argument that given the inevitability of contamination from
Monsanto’s transgenics such damages were sure to follow. In
March, she granted Monsanto’s motion to dismiss. Shortly thereafter
our Work Collective voted to join 74 other of the original 83 plaintiffs
in appealing her ruling. The appeal, to be heard in the District
of Columbia Court of Appeals within a 9-15 month timetable, is limited
to the narrow procedural grounds of whether Judge Buchwald ruled
wrongly according to law to dismiss the case. The review is confined
to the case record to date so that plaintiffs cannot introduce new
facts, new evidence or cite new studies in this phase, although
our counsel has submitted supporting arguments from amici. Each
side writes only one brief and is limited to 15 minutes oral argument
without response. If the appeal is granted, the case is remanded
to District Court to Judge Buchwald, at which point the factual
record can be re-opened. If the appeal is denied, plaintiffs have
the right to petition the Supreme Court for review, but that Court
grants only a tiny fraction of such pleas.
The lawsuit was filed by The Public Patent Foundation (PUBPAT),
a not-for-profit legal services organization affiliated with the
Benjamin N. Cardozo School of Law in New York. It seeks to invalidate
23 of the gene giant’s transgenic patents on the grounds that
they lack beneficial social utility and original art and asks the
court, even if it finds the patents valid, to enjoin Monsanto from
enforcing them on plaintiffs who are inadvertently contaminated
by Monsanto’s genetics.
For more information contact me at email@example.com.
See also http://www.fedcoseeds.com/seeds/monsanto.htm
for our definitive 2006 statement on why we do not purchase seed
from Monsanto or any of its subsidiaries.