Syngenta is facing multiple GMO corn lawsuits that allege the major corn seed supplier caused a substantial loss to corn farmers by tainting the U.S. corn seed supply with a genetically modified seed that had not yet acquired necessary approval by China. Most recently, a Minnesota corn farmer is asking the federal court to send his case against Syngenta back to state court and reject the company’s motion to stay the case.

This Syngenta corn seed lawsuit was originally filed in Minnesota state court by Terway Farmers PRT, a Minnesota farmer; however, Syngenta removed the case to a Minnesota federal court. Syngenta then requested that the farmer’s corn seed lawsuit be transferred to the Kansas federal district court where the case would be consolidated with a number of other Syngenta lawsuits. The corn farmer argues that his case should not be heard in federal court and that he specifically pursued only state claims against the major agricultural company, because the farmer did not have the funds or resources to pursue a claim outside of Minnesota. Syngenta is also attempting to delay the court’s decision to send this Syngenta GMO corn seed lawsuit back to state court.

Transferring and remanding cases between state and federal courts are procedural tactics commonly used by parties involved in litigation. State and federal courts are governed by different rules and laws, and the parties often try to have their case heard in the forum that will best serve their case.

According to the Minnesota corn farmer, not remanding the Syngenta lawsuit back to state court would create lengthy delays and force the plaintiff to litigate his claim in a jurisdiction that would limit his ability to take on an active role in his corn seed lawsuit. Syngenta argues that the lawsuit should be removed to the Kansas federal court where a multidistrict litigation panel has begun for the Syngenta cases. Multidistrict litigation occurs when multiple lawsuits are filed with similar facts and similar questions of law against a company or entity. This process creates consistency with pretrial and discovery rulings, which helps expedite litigation.

Overview of Syngenta Lawsuits

The Syngenta lawsuits filed in state and federal court center around the selling of Viptera corn seeds to U.S. farmers. Viptera is a genetically modified corn seed that was manufactured to have tougher defenses against various corn worms and other pests. Syngenta began selling the Viptera corn seed to U.S. farmers in 2011. The seeds were approved by Argentina and Brazil for import, but China (the third largest importer of American corn) rejected the genetic modification. In 2013, China began turning away U.S. shipments of corn because of the Viptera corn contamination.

The Viptera GMO corn lawsuits against Syngenta allege that U.S farmers and corn companies have lost between 1 billion and 3 billion dollars in sales because of the company’s actions. The Syngenta GMO lawsuits claim that Syngenta violated marketplace legal standards by selling the unapproved corn seeds. Potential plaintiffs in Syngenta lawsuits include corn farmers, corn storage companies, corn exporters, and corn brokers. Possible awards and settlements from these Syngenta lawsuits will help supplement farmers and corn companies’ losses in sales. These GMO lawsuits will also help hold Syngenta accountable for their actions.

The Syngenta Corn Seed Lawsuit is Case No. 0:15-cv-00272-DWF-LIB, in the U.S. District Court for the District of Minnesota.