After Monsanto's Roundup Ready Wheat appeared in a stand of volunteer wheat in Oregon, the U.S. Department of Agriculture launched and investigation and farmers claiming injury by dtection of the unapproved biotech trait filed at least three suits in federal court, according to the article "Multiple Suits Filed Over Roundup Ready Wheat" in the June 10, 2013, edition of Feedstuffs newspaper.
"The plaintiffs in these cases will have to come up with some facts to show that this detection had something to do with Monsanto's action," John Mandler of Faegre Baker Daniels told Feedstuffs. "But on the other hand there is something of a strict liability standard, where Monsanto will need to show how this particular incident occurred and how the seed got to this farmer's field."
Mandler said the number of lawyers emerging to take action in the case isn't unusual given the history of the StarLink corn case, which resulted in a $110 million settlement.
"The question is, is this going to be another StarLink situation," Mandler commented in Feedstuffs. "Obviously we don't know the facts about how widespread this is beyond this location, but the facts don't always drive whether litigation gets filed."
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