April 2015

Cargill Pork Obtains Dismissal of Nuisance Claims

United States - Missouri

Faegre Baker Daniels was lead trial court and appellate counsel for the appellee Cargill Pork. The Labrayere case was one of a series of nuisance cases filed in Missouri. The matter involved claims of nuisance and negligence by 26 plaintiffs against a Cargill Pork contract production facility operated by Bohr Farms. The case primarily concerned a new Missouri statute, Missouri Rev. Stat. § 537.296, which enhanced the defenses available to swine producers in nuisance cases and limited the categories of damages available to the plaintiffs. The trial court and the Missouri Supreme Court rejected the plaintiffs’ takings, equal protection, substantive due process, separation of powers, open courts and special laws claims. After the Missouri Supreme Court upheld Section 537.296, all remaining Missouri nuisance cases were dismissed. Linda Labrayere, et al. v. Bohr Farms, LLC, et al., No. SC 93816,458 S. W.3d 319 (Missouri 2015).

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