John Deere Seeks Dismissal of Defective Planter Class Action

The makers of John Deere agricultural equipment are seeking dismissal of a farmer’s class action lawsuit that alleges a design change in its planters led to a lower crop yield.

Defendant Deere & Company says that all of plaintiff Craig Armstrong’s claims should be dismissed due to “myriad fatal deficiencies.”

Armstrong alleges certain John Deere planters fail to provide even fertilizer distribution as represented in the company’s advertisements.

The resulting uneven distribution leads to a reduced crop yield and lower revenues for farmers, Armstrong claims.

In moving for dismissal, John Deere argues that Armstrong’s allegations of false advertising boil down to two of the company’s statements. One statement does not relate to the planter Armstrong purchased and was not even made until over a year after he purchased the planter, the company says.

The second statement was published almost four years before Armstrong’s purchase and refers to a different type of liquid fertilizer distribution system than the one Armstrong bought, the company argues.

John Deere claims that because Armstrong is unable to point to any misleading statement about the particular planter he purchased, all his claims against the company must fail.

The company also points to other flaws in Armstrong’s allegations, such as lack of standing and failure to state essential elements of claims under state consumer protection laws.

John Deere argues his claim for breach of implied warranty is barred by the company’s written warranty, which expressly disclaims any implied warranties.

Some of his common law claims fail for being simply not cognizable under Indiana law, and his negligence-based claims are barred by the economic loss doctrine, the company argues.

In his original John Deere class action lawsuit, Armstrong says he bought a John Deere 1770NT planter in 2014. The planter in question simultaneously seeds the soil and adds a measure of liquid fertilizer at the same time.

Armstrong says even distribution of fertilizer during planting is crucial to getting the maximum yield from the resulting plants. Both under- and over-fertilization can decrease yield, Armstrong says.

He claims he chose that particular planter in reliance on advertisements by John Deere promising that planter would deliver “even emergence, correct population, uniform spacing, and speed to get the most production within the optimum window.”

Armstrong alleges that starting with the 2014 models of these John Deere planters, the company altered their design so that hoses connecting the fertilizer reservoir to the distribution nozzles are no longer equal in length.

The variation in hose length results in uneven distribution of fertilizer, ultimately leading to a decrease in crop yield, Armstrong claims.

Armstrong is proposing to represent a nationwide plaintiff Class that includes all purchasers and lessees of new 2014 John Deere planters of model numbers 1770NT and 1775NT, any new 2014 John Deer planter that used fertilizer hoses of varying lengths, and any new John Deere planter that otherwise did not evenly distribute fertilizer among each of its distribution nozzles.

He seeks an award of all available common law and statutory damages, punitive damages, injunctive relief, court costs and attorneys’ fees, all with pre- and post-judgment interest.

Armstrong is represented by Stephen M. Wagner of Wagner Reese LLP; and Renae D. Steiner and James W. Anderson of Heins Mills & Olson PLC.

The John Deere Defective Planter Class Action Lawsuit is Armstrong v. Deere & Company, Case No. 1:16-cv-00844, in the U.S. District Court for the Southern District of Indiana.