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Contact Information

john.mandler@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: +1 612 766 7221
F: +1 612 766 1600

Education

University of Buenos Aires
Visiting Scholar (1989)
Georgetown University Law Center
J.D., cum laude (1988)
Northwestern University
B.A. (1985)

Bar Admissions

District of Columbia Minnesota

Court Admissions

U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Third Circuit U.S. District Court for the Central District of Illinois U.S. District Court for the District of Minnesota U.S. District Court for the Eastern District of Arkansas U.S. District Court for the Eastern District of Washington U.S. District Court for the Eastern District of Wisconsin U.S. District Court for the Northern District of Florida U.S. District Court for the Southern District of Illinois U.S. District Court for the Western District of Arkansas U.S. District Court for the Western District of Michigan U.S. District Court for the Western District of Wisconsin

Languages

English Spanish

John P. Mandler

Partner

John Mandler is an experienced trial lawyer. He has litigated to verdict numerous product liability, class action and toxic tort cases across the country for clients such as BASF Corp., Bayer CropScience, DuPont, Pioneer and Syngenta. John recently represented Agrium in a six-week trial in Arkansas state court resulting in a complete defense verdict. He is a Fellow of the American College of Trial Lawyers.

As the leader of Faegre Baker Daniels' agribusiness litigation practice and a member of the firm's food and agriculture industry group, John has counseled crop protection chemical and seed company clients on a variety of issues such as:

  • Genetically modified organisms (GMOs)
  • Product labeling and packaging issues
  • Label licenses
  • Plant Variety Protection Act (PVPA) issues
  • Federal and state law and regulatory issues
  • Product liability prevention

John has the following representative trials and reported decisions to his credit:

  • Burns et al. v. Universal Crop Protection Alliance, et al., Circuit Court, Clay County Arkansas, CV-2009-51 — Sixty three plaintiffs allege that their cotton crops were damaged from spray drift of defendants' 2,4-D herbicide products. John was lead counsel for Crop Production Services in a six-week trial in the fall of 2010 resulting in a complete defense verdict. The jury rejected claims by a group of cotton farmers that 2,4-D had drifted distances up to 100 miles to  injure their cotton crops.
  • Indian Brand Farms (Mortellite) v. Novartis (Syngenta) Crop Protection, Inc. John represented Syngenta in a multi-plaintiff case in the U.S. District Court for the District of New Jersey involving claims of multi-year injury to blueberries allegedly caused by a tank-mix application of an insecticide and fungicide.  The District Court initially granted summary judgment for client on claims by thirteen blueberry producers granted on the basis of prior settlement and FIFRA preemption. The Third Circuit Court of appeals reversed the dismissal as to seven growers on the basis of an intervening U.S. Supreme Court decision. 278 F. Supp. 2d 390 (2003); 460 F.3d 483 (3rd Cir. 2006). On remand, the District Court again granted complete summary judgment on the remaining claims of the remaining plaintiffs. The Third Circuit partially reversed that dismissal. Indian Brand Farms v. Novartis (Syngenta) Crop Protection, Inc., 2007 WL 4571087 (2007); 617 F.3d 207 (3rd. Cir. 2010).  On the second remand, John obtained dismissal of the plaintiffs' common law and statutory fraud claims, eliminating the risk of an award of treble damages and attorneys' fees. 890 F.Supp.2d 534 (2012).
  • Adams, et al. v. United States, DuPont, et al., U.S. District Court for the District of Idaho — More than 400 growers of various crops alleged off-target movement of herbicide applied by the Bureau of Land Management on government-controlled, fire-damaged land to control invasive weed species. In 2009, John represented DuPont in a four-month trial of the claims of four bellwether plaintiffs (2009 trial).
  • Hardin v. BASF Corp., U.S. District Court for the Eastern District of Arkansas — Claims by multiple plaintiffs regarding alleged drift of rice herbicide causing injury to multiple years' tomato crops. Summary judgment for client on basis of FIFRA pre-emption granted, affirmed and then vacated (290 F. Supp. 2d 964 (2003) 397 F.3d 1082, aff'd (8th Cir. 2005), vacated (8th Cir. 2005).
  • Nunhems USA, Inc. v. Klein Karoo Cooperative Ltd., Arbitration under Rules of International Seed Federation, Johannesburg, South Africa — Represented plaintiffs seeking recovery under commercial seed production contract; client recovered full amount of multi-million dollar claim (2005 Arbitration).
  • Optimum Quality Grains, LLC v. Westway Terminal Co., District Court, Woodbury County, Iowa — Represented plaintiff in breach of commercial contraction action to recover damages from contamination of sunflower oil by genetically modified materials; client recovered full amount of multi-million dollar claim and attorneys fees (2003 Trial).
  • Peterson et al v. BASF Corp., District Court, Norman County, Minnesota — Defended nationwide class action under New Jersey Consumer Fraud Act relating to the pricing and marketing of pesticide products (618 N.W.2d 821; 657 N.W.2d 853; 675 N.W.2d 57; 125 S. Ct. 1968; 711 N.W. 2d 470; 127 S. Ct. 579 (2001 Trial).
  • T.F. Ltd. v. American Cyanamid Co., District Court, Mitchell County, Iowa — Multiple-year litigation alleging carryover injury to corn from soybean herbicide. Defense verdict; upheld on appeal (2002 Trial; 690 N.W.2d 463 (Iowa. App. 2004) (unpublished).

Pro Bono

  • LAC Housing Clinic
  • The Advocates for Human Rights — Board of Directors
  • White Earth Land Recovery Project

Honors

  • American College of Trial Lawyers — Fellow
  • Super Lawyers — Class Action/Mass Torts
  • Minnesota Advocate's Award for Services in Defense of Human Rights
  • John C. Benson Pro Bono Award, 2007

Professional Associations

  • American Agricultural Law Association
  • American Seed Trade Association
  • CropLife America

Presentations

  • Legal Considerations Particular to Construction-Related MDLs
    Panelist, HarrisMartin's Construction Product Litigation Conference, Miami, FL, October 2013
  • Genetically Engineered Plants in the World Market: Timing and Process for International Trait Approval and Commercial Release
    Food & Agriculture 2012 National Conference, Minneapolis 
  • Litigation Update Regarding Biotech Crops: Contamination Liability and Challenges to the Regulatory Structure
    Food, Agriculture & Biofuels 2010 National Conference, Minneapolis

Published Articles

  • What Lies Ahead for GM Crops?
    Feedstuffs, June 2011
  • FIFRA Preemption in the Wake of Bates v. Dow
    ABA Natural Resources and Environment Journal, 2005
  • Blowing in the Wind: Will GMO Pollen Drift Create New Legal Hassles for Seed Companies?
    Seed World, June 2000
  • Potential Liability Exposure to Seed Companies From GMO Pollen Drift
    Agra/Industrial Biotechnology Legal Letter, May 2000
  • The Development of the Preemption Doctrine Under the Virus Serum Toxin Act
    Product Liability Committee Newsletter, 1997
  • The Defense of Agricultural Product Litigation
    Faegre & Benson, 1994
  • Habeas Corpus and the Protection of Human Rights in Argentina
    16 YALE J. INT'L. L. 1, 1991
  • Statement to United States Senate Foreign Relations Committee in Support of Ratification of the International Covenant on Civil and Political Rights
    S. Hrg. 102-478, 102nd Cong., 1st Session, 1991
  • Aliens and Housing: Toward an Intermediate Level of Review
    2 GEO. IMMIGR. L. J. 357, 1987
  • The Defense of Agricultural Product Litigation
    2nd Ed.