Fedco Joins PUBPAT Supreme Appeal

Fedco has joined other plaintiffs in petitioning the Supreme Court to review the Court of Appeals decision handed down this summer on our case against Monsanto. While the Court rejected our attempt to re-open the case, they did so only by estopping Monsanto from suing those experiencing accidental transgenic contamination of less than 1% from Monsanto genetics. If this decision holds, Monsanto cannot sue anyone (not just the plaintiffs in this case) who is accidentally contaminated with trace amounts of their GMOs.

If Fedco were the lone plaintiff, we probably would have accepted this result, to freeze and not risk such a significant gain. However, once any other plaintiff appeals, the decision cannot be frozen. Many plaintiffs, still hoping to get the entire case heard on its merits, decided to appeal and we joined them in solidarity. Historically, the Court hears only about 1 in 100 such appeals. Even if it does in our case, it is unlikely to reverse the Appeals Court’s well-reasoned decision and revert back to the poorly-worded District Court decision that unconditionally threw out our case.

The Appeals Court decision opens up—indeed, almost invites—the possibility of a lawsuit against Monsanto by a plaintiff who suffered economic damages from more than 1% accidental contamination. A victory in such a case could transform GMO law by protecting from lawsuits all victims of GMO contamination who did not sign Monsanto’s technology agreements or intentionally use their products.

See also fedcoseeds.com/seeds/articles/monsanto.htm for our definitive 2006 statement on why we do not purchase seed from Monsanto or any of its subsidiaries.
–CR Lawn