Case Law Index Cooperatives

January 1, 2002 – October 12, 2022

This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving cooperatives that were decided between the dates listed above.  The cases are listed in reverse chronological order. The “Text” link goes to the freely available Google Scholar text of the opinion. These listings are for educational purposes only and are not a substitute for legal counsel.


FIRST CIRCUIT

Winters v. Ocean Spray Cranberries, Inc., 296 F.Supp.3d 311 (D. Mass. 2017) (holding that growers lacked standing under Clayton Act to bring federal antitrust claim against cranberry grower cooperatives). Text

Sleeper Farms v. Agway, Inc., 506 F.3d 98 (1st Cir. 2007) (confirming arbitration award of damages against cooperative)  Text

Northland Cranberries, Inc. v. Ocean Spray Cranberries, Inc., 382 F.Supp.2d 221 (D. Mass. 2004) (applicability of the Capper-Volstead Act) Text


SECOND CIRCUIT

Sitts v. Dairy Farmers of Am., Inc., No. 2:16-CV-287, 2019 WL 4739533, at *4 (D. Vt. Sept. 27, 2019) (dairy cooperatives, antitrust, price fixing, monopsony) Text

Allen v. Dairy Farmers of Am., Inc., 748 F. Supp. 2d 323 (D. Vt. 2010) (Dairy cooperative, monopoly price-fixing) Text

Pew v. Cardarelli, 164 F. App’x 41 (2d Cir. 2006) (agricultural supply and marketing cooperative, securities exchange commission)

Ice Cream Liquidation, Inc., v. Land O’Lakes, Inc., 253 F.Supp.2d 262 (D. Conn. 2003) (standing, filed rate doctrine)  Text

 


THIRD CIRCUIT

Winn-Dixie Stores, Inc. v. E. Mushroom Mktg. Coop., No. 15-6480 (E.D. Pa. Jan. 26, 2022) (granting plaintiff’s and denying defendant’s motion for summary judgement with respect to the EMMC’s ability to invoke the protections of the Capper-Volstead Act). Text

In re Processed Egg Products Antitrust Litig., 322 F.Supp.3d 599 (E.D. Pa. 2018) (holding that for purposes of determining whether the cooperative had antitrust immunity under the Capper-Volstead Act, value of eggs depended on the price for which they were purchased by cooperative in the domestic market rather than fair market value). Text

In re: Processed Egg Products Antitrust Litig., 206 F.Supp.3d 1033 (E.D. Pa. 2016) (granting in part and denying in part Plaintiffs’ motion for summary judgment alleging Defendant egg cooperative engaged in anticompetitive behavior). Text

In re Mushroom Direct Purchaser Antitrust Litig., 54 F.Supp.3d 382 (E.D. Pa. 2014) (holding that mushroom cooperative was not exempt from antitrust claims under Capper-Volstead exemption). Text

In re Mushroom Direct Purchaser Antitrust Litig., 655 F.3d 158 (3d Cir. 2011) (holding that prejudgment order denying protections of Capper-Volstead Act to agricultural cooperative was not collateral order subject to interlocutory review in antitrust action against mushroom cooperative and its members, officers, and affiliates, alleging illegal scheme to artificially inflate prices in violation of the Sherman Act and the Clayton Act). Text

In re Mushroom Direct Purchaser Antitrust Litig., 621 F.Supp.2d 274, 2009 WL838490 (E.D. Pa. 2009) (antitrust violations by cooperative and members)  Text

In re Mushroom Direct Purchaser Antitrust Litig., 514 F.Supp.2d 683 (E.D. Pa. 2007) (antitrust litigation against cooperative and members)  Text

In re Mushroom Direct Purchaser Antitrust Litig., No. 06-CV-0620, 2008 WL 583906 (E.D. Pa. March 3, 2008) (motion to dismiss)

Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Bd., 462 F.3d 249 (3d Cir. 2006) (over-order premium and dairy farms)  Text

Cochran v. Veneman, 359 F.3d 263 (3d Cir. 2004) (independent producers constitutional rights)  Text


FOURTH CIRCUIT

Speaks v. US TOBACCO COOPERATIVE, INC., No. 20-2098 (4th Cir. Apr. 19, 2022). (affirmed decision made by district court in Sharp Farms v. Speaks). Text

Sharp Farms v. Speaks, 917 F.3d 276 (4th Cir. 2019) (holding that members of tobacco cooperative did not meet the adequacy requirement for class certification). Text

Farmers Co-op. Soc. of Sioux Center v. First Nat. Bank of Omaha, 2011 WL 8812379 (E.D. N. Carolina) (holding that Plaintiffs were entitled to priority to the extent of the difference between the acquisition price of the livestock and the fair market value of the livestock at the time they were sold).

Maryland And Virginia Milk Producers Cooperative Ass’n, Inc. v. Crowell Farms, Inc., 102 Fed.Appx. 267 (4th Cir. 2004) (breach of the marketing agreement)


FIFTH CIRCUIT

Harper v. SOUTHERN PINE ELEC. COOPERATIVE, 987 F.3d 417 (5th Cir. 2021) (Cooperative boards have the discretion to retain capital reserves and are not required to return all or a specific amount of patronage capital to its members)  Text

In re Central Louisiana Grain Co-op, Inc., 497 B.R. 229, 2013 Wl 4049028 (W.D. La) (holding that creditor’s privilege was not protected by statute’s safe harbor provision for statutory liens). Text

Casares v. Yoakum County Cooperative Gin, 2012 WL 13170339 (S.D. Tex.) (denying Defendant’s motion to transfer venue regarding Plaintiffs’ claim that Defendant violated the Migrant and Seasonal Agricultural Worker Protection Act).

Casares v. Yoakum County Cooperative Gin, 2011 WL 13351127 (S.D. Tex.) (denying Defendant’s motion to dismiss regarding Plaintiffs’ claim that Defendant violated the Migrant and Seasonal Agricultural Worker Protection Act).

Am. Rice, Inc. v. Producer Rice Mill, Inc., 518 F.3d 321 (5th Cir. 2008) (trademark infringement by cooperative)  Text

Lone Star Milk Producers, Inc. v. Litzler, 370 B.R. 671 (B.A.P. 5th Cir. 2007) (express trust for diary farmer)  Text

Nutrasep, LLC v. TOPC Texas LLC, 2006 WL 3063432 (W.D. Tex. 2006) (“know-how” and technology)  Text


SIXTH CIRCUIT

Burnette Foods, Inc. v. United States Dept. of Agriculture, 920 F.3d 461 (6th Cir. 2019) (holding that since the board members who were affiliated with a cherry cooperative did not direct where the consigned cherries were sold, they were not a part of the cooperative’s sales constituency). Text

Sunrise Cooperative, Inc. v. United States Department of Agriculture, 891 F.3d. 652, (6th Cir. 2018) (holding that the grandfather clause that merged cooperatives meant an organization had an identity separate than its members). Text

DeVries Dairy, LLC v. White Eagle Co-op. Ass’n, 25 F.Supp.3d 1039 (N.D. Ohio 2014) (holding that dairy had no duty to mitigate damages arising from dairy cooperative’s alleged breach of cooperative marketing agreement). Text

In re Southeastern Milk. Antitrust Litigation, 739 F.3d 262 (6th Cir. 2014) (precluding summary judgment because plaintiffs failed to show antitrust injury).Text

In re Southeastern Milk Antitrust Litigation, 801 F.Supp.2d 705 (E.D. Tenn. 2011) Sherman Act antitrust action against milk cooperative)  Text

Terry v. Tyson Farms, Inc., 604 F.3d 272 (6th Cir. 2010) (Poultry farmer, Agricultural Fair Practices Act) Text

Lay v. Burley Stabilization Corp., No. 3:09-CV-252, , 2010 WL 3397430(E.D. Tenn. Aug. 26, 2010) (disgorgement of funds owed by cooperative)  Text

Lay v. Burley Stabilization Corp., 312 F. App’x 752 (6th Cir. 2009) (disgorgement of funds owed by cooperative)

In re Se. Milk Antitrust Litg., 555 F.Supp.2d 934 (E.D. Tenn. 2008) (antitrust violations)  Text

United States ex. rel. Fellhoelter v. Valley Milk Products, L.L.C., 617 F.Supp.2d 723 (E.D. Tenn. Jan. 24, 2008) (False Claims Act)  Text

Chavez v. Riceland Foods, Inc., 475 F. Supp. 2d 617 (W.D. Tex. 2007) (farm worker rights employed in an agricultural cooperative, migrants and seasonal employment)  Text

Rutherford Farmers Coop. v. MTD Consumer Group, Inc., 124 Fed. Appx. 918 (6th Cir. 2005) (inventory repurchase upon the contract’s termination)

United States v. Dairy Farmers of Am., Inc., 426 F.3d 850 (6th Cir. 2005) (violation of Clayton Act)  Text


SEVENTH CIRCUIT

In re Central Illinois Energy Cooperative, 561 B.R. 699, 2016 WL 7099783 (holding that officers of an agricultural cooperative owe the same fiduciary duties to creditors upon insolvency that they owe to the association at all times without regard to solvency). Text

First Impressions Salon, Inc. v. National Milk Producers Federation, 214 F.Supp.3d 723 (S.D. Ill. 2016) (holding that direct buyers had standing to bring an antitrust claim against milk producers). Text

White Eagle Coop Ass’n v. Conner, 553 F.3d 467 (7th Cir. 2009) (challenging federal milk marketing order)  Text

White Eagle Co-op Ass’n v. Johanns, 508 F.Supp.2d 664 (N.D. Ind. 2007) (dismissing review of milk marketing order)  Text

In re StarLink Corn Products Liability Litigation, 2005 WL 327020 (N.D. Ill. 2005) (non-genetically modified corn)  Text

White Eagle Co-op. Ass’n v. Johanns, 396 F.Supp.2d 954 (N.D. Ind. 2005) (price of milk on an “emergency” basis)  Text


EIGHTH CIRCUIT

Schwartz v. Bayer CropScience, 718 F.Supp.2d 950 (E.D. Ark. 2010) (action by farmers against farming cooperative regarding genetically modified rice)  Text

Farmers Coop. Co. v. Senske & Son Transfer Co., 572 F.3d 492 (8th Cir. 2009) (cooperative’s action against truck dealer for violations of Federal Odometer Act)  Text

Corn Plus Coop. v. Cont’l Cas. Co., 516 F.3d 674 (8th Cir. 2008) (negligent welding at a ethanol coop)  Text

Farmers Bank of Hamburg, Ark. v. U.S. Dep’t of Agric., 495 F.3d 559 (8th Cir. 2007) (review of denial of claims by the Rural Business-Cooperative Service)  Text

Willman v. Riceland Foods, Inc., 630 F.Supp.2d 999 (E.D. Ark. 2007) (co-op member’s negligence claim against co-op)  Text

In re Wright, 353 B.R. 627 (B.A.P. 8th Cir. 2006) (preferential and fraudulent transfers)   Text

Scherbart v. Comm’r, 453 F.3d 987 (8th Cir. 2006) (deferring of value-added payments)  Text

In re Corn-Pro Nonstock Coop., Inc., 318 B.R. 153 (B.A.P. 8th Cir. 2004) (nonstock cooperative qualified as “farmer”)  Text

Smithfield Foods, Inc. v. Miller, 367 F.3d 1061 (8th Cir. 2004) (violation of commerce clause). Text

Smithfield Foods, Inc. v. Miller, 241 F.Supp.2d 978 (S.D. Iowa 2003) (violation of commerce clause)(vacated and remanded, below)  Text

In re DLC, Ltd., 295 B.R. 593 (B.A.P. 8th Cir. 2003) (rights to the transferred property)  Text

S.D. Farm Bureau, Inc. v. Hazeltine, 340 F.3d 583 (8th Cir. 2003) (land use for farming restrictions)   Text

Top of Iowa Coop. v. Schewe, 324 F.3d 627 (8th Cir. 2003) (hedge-to-arrive contracts)  Text

Bot v. Comm’r, 353 F.3d 595 (8th Cir. 2003) (self-employment tax on value-added payments)  Text

Asa-Brandt, Inc. v. ADM Investor Servs., Inc., 344 F.3d 738 (8th Cir. 2003) (hedge-to-arrive contracts)  Text

Racicky v. Farmland Indus., Inc., 328 F.3d 389 (8th Cir. 2003) (feed injured the dairy cows)  Text


NINTH CIRCUIT

AMC, LLC v. Nw. Farm Food Coop., 481 F. Supp. 3d 1153 (D. Or. 2020) (Mass death of minks due to contaminated spent hen feed from NW Farm, an agricultural cooperative. Court held it is customary amongst these cooperatives to include disclaimers of the implied warranties of merchantability and fitness in contracts for sale of feed).

Carlin v. DairyAmerica, Inc., 380 F.Supp.3d 998 (E.D. Cal. 2019) (holding that a $40 million settlement for dairy farmers who alleged Defendant misreported milk price data to the USDA in order to underpay farmers was fair).

Carlin v. DairyAmerica, Inc., 328 F.R.D. 393, 2018 WL 4385809 (E.D. Cal.) (holding that the requirements for class certification were met by the Plaintiffs alleging the Defendant misreported pricing data of milk to the USDA).

Carlin v. DairyAmerica, Inc., 705 F.3d 856 (9th Cir. 2013) (holding that the filed rate doctrine applies to the minimum rates for raw milk set under federal milk marketing orders pursuant to the Agricultural Marketing Agreement Act, and the filed rate doctrine did not bar the Plaintiffs from pursuing their claims). Text

Carlin v. DairyAmerica, Inc., 978 F.Supp.2d 1103 (E.D. Cal. 2013) (holding that milk producers sufficiently alleged negligent misrepresentation claim against the dairy handlers cooperative when the cooperative misreported data to the United States Department of Agriculture). Text

Land O’Lakes v. Gonsalves, 281 F.R.D. 444 (E.D. Cal. 2012) (holding that Dairy cooperative did not breach implied duty of good faith by inducing producers to enter into contract).

In re Fresh and Process Potatoes Antitrust Litig., 834 F.Supp.2d 1141 (D. Id. 2011) (holding that applicability of antitrust exemption for agricultural cooperatives could not be decided on a motion to dismiss). Text

Bybee Farms, LLC v. Snake River Sugar Co., No. CV-06-5007, 2008 WL 2873364 (E.D. Wash. July 21, 2008) (breach of growers’ agreement)

Bybee Farms, LLC v. Snake River Sugar Co., 563 F.Supp.2d 1184 (E.D. Wash. 2008) (breach of oral agreement to buyout member shares)  Text

Lopes v. Viera, 543 F.Supp.2d 1149 (E.D. Cal. 2008) (motion to dismiss)  Text

Bybee Farms, LLC v. Snake River Sugar Co., 625 F.Supp.2d 1073 (E.D. Wash. 2007) (breach of fiduciary duty by cooperative officer)  Text

Andrews Farms v. Calcot, Ltd., 527 F.Supp.2d 1239 (E.D. Cal. 2007) (motion to dismiss fraud claims)  Text

College of the Sequoias Farm v. White Gold Assoc., Inc., 2007 WL 2022040 (E.D. Cal. July 09, 2007) (conspiracy and fraud in marketing and sale of cotton)

Andrews Farms v. Calcot, Ltd., 2007 WL 1701915 (E.D. Cal. June 08, 2007) (RICO and fraud claims, fiduciary duty, accounting)

Lopes v. Vieira, 488 F.Supp.2d 1000 (E.D. Cal. May 30, 2007) (“milk for equity” interest)  Text

United Dairymen of Ariz. v. Veneman, 279 F.3d 1160 (9th Cir. 2002) (producer-handler exemption)  Text


TENTH CIRCUIT

In re Bergman, No. 07-40285, 2007 WL 2693641 (Bankr. D. Kan. Sept. 10, 2007) (co-op not entitled to relief from automatic stay)

Gregory v. Fort Bridger Rendezvous Ass’n, 448 F.3d 1195 (10th Cir. 2006) (antitrust liability exemption)  Text

CoBank, ACB v. Reorganized Farmers Coop. Ass’n, 334 F.Supp.2d 1273 (D. Kan. 2004) (default of loan agreement)  Text

Bell v. Fur Breeders Agric. Coop., 348 F.3d 1224 (10th Cir. 2003) (antitrust protections)  Text


ELEVENTH CIRCUIT

Ramirez v. Statewide Harvesting & Hauling, LLC, No. 8:17-CV-1753-T-35AEP, 2019 WL 3383622 (M.D. Fla. May 24, 2019) (agricultural cooperative employee rights and exemptions)

Golden Gem Growers, Inc. v. Ferguson (In re Golden Gem Growers, Inc.), Bankr. No. 6:01-bk-09028-ABB, Adv. No. 6:07-ap-00095-ABB, 2010 WL 745476 (Bankr. M.D. Fla. Mar. 2, 2010) (breach of contract against members of cooperative)  Text

Rigby v. Flue-Cured Tobacco Co-op Stabilization Corp., No. 7:07-CV-85-HL, 2007 WL 3285599 (M.D. Ga. Nov. 6, 2007) (remanding to state court a cause against cooperative for accounting and distribution of member interest)

Swain v. Flue-Cured Tobacco Co-op Stabilization Corp., No. 7:07-CV-86-HL, 2007 WL3285707 (M.D. Ga. Nov. 6, 2007) (remanding to state court a cause against cooperative for accounting and distribution of member interest)  Text

Griffis v. Flue-Cured Tobacco Co-op Stabilization Corp., No. 7:07-CV-84-HL, 2007 WL3285749 (M.D. Ga. Nov. 6, 2007) (remanding to state court a cause against cooperative for accounting and distribution of member interest)

Lee v. Flue-Cured Tobacco Co-op Stabilization Corp., No. 7:07-CV-82-HL, 2007 WL 3286397 (M.D. Ga. Nov. 6, 2007) (remanding to state court a cause against cooperative for accounting and distribution of member interest)  Text

Altman v. Flue-Cured Tobacco Co-op Stabilization Corp., No. 7:07-CV-83-HL, 2007 WL 3286413 (M.D. Ga. Nov. 6, 2007) (remanding to state court a cause against cooperative for accounting and distribution of member interest)

Sariol v. Fla. Crystals Corp., 490 F.3d 1277 (11th Cir. 2007) (agricultural exemption from overtime-pay rules)  Text

Rigby v. Flue-Cured Tobacco Coop. Stablization Corp., 2006 WL 1312412 (M.D. Ga. 2006) (distribution of the cooperative’s equity)


UNITED STATES TAX COURT

Ag Processing, Inc. v. Comm’r of Internal Revenue, No. 23479-14, 2019 WL 5212789 (T.C. Oct. 16, 2019) (tax exemptions for non-exempt agricultural cooperatives) Text

Growmark, Inc. & Subsidiaries v. Comm’r of Internal Revenue, 118 T.C.M. (CCH) 466 (T.C. 2019) (computation of tax exemptions)  Text

Affiliated Foods, Inc. v. Comm’r, 128 T.C. 62 (2007) (redetermination of income tax deficiencies and “trade discounts”) Text

Scherbart v. Comm’r, No. 3345-00, 2004 WL 1354120 (2004) (deferring of value-added payments)  Text


ARIZONA

United Dairymen of Ariz. v. Rawlings, 177 P.3d 334 (Ariz. Ct. App. 2008) (enforcement of liquidated damages clause against member)  Text

United Dairymen of Arizona v. Schugg,128 P.3d 756 (Ariz. Ct. App. 2006) (implied covenant)  Text


CALIFORNIA

LION RAISINS, INC. v. Ross, 64 Cal. App. 5th 718 (Ct. App. 2021). (Bloc-voting provisions are rationally related to the legitimate governmental purposes of encouraging producers to join cooperative marketing associations, which would not require strict scrutiny). Text

Scheenstra v. California Dairies, Inc., 213 Cal. App. 4th 370 (2013) (holding that supply management program adopted by the dairy cooperative was not fair and uniform as required by law). Text

People v. Solis, 217 Cal. App. 4th 51 (2013) (holding that the Defendants’ dispensary did not qualify as a cooperative or collective under the Medical Marijuana Program Act (MMPA)). Text

Traudt v. City of Dana Point, 131 Cal. Rptr. 3d 887, 889 (Ct. App. 2011), 268 P.3d 1064 (Cal. 2012) (medical marijuana cooperatives) Text

W. Hills Farms, Inc. v. RCO Ag Credit, Inc., No. F054539, 2008 WL 5341350 (Cal. Ct. App. Dec. 23, 2008) (failure to make demand on board of directors)  Text

Nunes v. Downey Brand LLP, 2006 WL 2147613 (Ct. App. 2006) (cooperative’s failure to make payments)


 COLORADO

Arnold v. Anton Co-op. Ass’n, 293 P.3d 99 (Colo. App. 2011) (grocery cooperative member barred from cooperative, cooperative membership rights) Text


DELAWARE

United States v. UNITED STATES SUGAR CORPORATION, CA No. 21-1644 (MN) (D. Del. Sept. 28, 2022)  (Court founf government failed to prove acquisition of Imperial sugar by U.S. Sugar is likely to create a monopoly under Section 7 of the Clayton Act) Text


GEORGIA

AgSouth Farm Credit, ACA v. West, 835 S.E.2d 730 (Ga. Ct. App. 2019) (Membership in an agricultural lending cooperative does not automatically give rise to a fiduciary relationship) Text

Rigby v. Flue-Cured Tobacco Co-op., 755 S.E.2d 915 (2014) (holding that tobacco cooperative owed a fiduciary duty to the former members but accounting claim was time-barred). Text

Rigby v. Flue-Cured Tobacco Cooperative Stabilization Corp., 794 S.E.2d 413 (Ga. Ct. App. 2016) (holding that no fiduciary relationship arose under North Carolina law between Georgia tobacco farmers and a North Carolina Tobacco cooperative). Text

Gold Kist, Inc. v. Moody, 575 S.E.2d 509 (Ga. Ct. App. 2002) (valuation of equity accounts) Text

Rushing v. Gold Kist Inc., 2002 WL 1363976 (Ga. Ct. App. June 25, 2002) (arbitration) Text


ILLINOIS

Richter v. Prairie Farms Dairy, Inc., 53 N.E.3d 1 (Ill. 2016) (holding that farmers did not permissibly split claims against agricultural cooperative for shareholder remedies, misrepresentation, common-law fraud, and breach of fiduciary duty). Text

Richter v. Prairie Farms Dairy, Inc., 34 N.E.3d 617 (Ill. Ct. App. 2015) (holding that Plaintiff’s action against the agricultural cooperative was not time-barred). Text


INDIANA

Farmers Elevator Co. of Oakville, Inc. v. Hamilton, 926 N.E.2d 68 (Ind. Ct. App. 2010) (breach of fiduciary duty claim)  Text


KANSAS

Ihrig v. Frontier Equity Exch. Ass’n, 35 Kan. App. 2d 123 (Kan. Ct. App. 2006) (inspection of documents request)  Text

In re Nat’l Coop. Refinery Ass’n, 273 Kan. 500 (Kan. 2002) (combined report method of allocating income)  Text

Hall v. Kan. Farm Bureau, 50 P.3d 495 (Kan. 2002) (termination of officer)  Text


MICHIGAN

County of Mason v. Indian Summer Co-op, Inc., 2012 WL 3536789 (Mich. Ct. App.) (holding that cooperative was not exempt from obtaining a building permit before beginning construction of a warehouse and processing-plant addition).

Donaldson v. United States, 268 F. Supp. 2d 812 (E.D. Mich. 2003) (Cooperatives allowed within scope of grant applications) Text


MINNESOTA

Johnson v. Paynesville Farmers Union Co-op. Oil Co., 817 N.W.2d 693 (Minn. 2012) (holding that drift of pesticides sold by Defendant cooperative did not constitute trespass). Text


MONTANA

Farmers Union Ass’n v. Paquin, 217 P.3d 74 (Mont. 2009) (tort claims and breach of contract claims against former manager of coop)  Text


 NEBRASKA

Farmers Cooperative v. State, 893 N.W.2d 728 (Neb. 2017) (holding that agricultural cooperatives failed to establish that they purchased depreciable repairs and parts that were eligible for a sales and use tax refund). Text

Lesiak v. Central Valley Ag. Co-op., Inc., 808 N.W.2d 67 (Neb. 2012) (holding that economic loss doctrine did not apply to bar farmers’ claim against farm cooperative for negligent application of herbicide). Text


NEW JERSEY

E. Dickerson & Son, Inc. v. Ernst & Young, LLP, 179 N.J. 500, 505, 846 A.2d 1237, 1240 (2004) (determining whether a business is an agricultural cooperative or corporation) Text


NEW YORK

Cornhusker Farms, Inc. v. Hunts Point Coop. Mkt., Inc., 769 N.Y.S.2d 228 (N.Y. App. Div. 2003) (merger clause, no-oral modification clause, constructional budget)  Text


NORTH CAROLINA

Bailey v. Flue Cured Tobacco Coop. Stabilization Corp., 581 S.E.2d 811 (N.C. Ct. App. 2003) (exemption from antitrust laws)  Text

Bailey v. Flue-Cured Tobacco Coop. Stabilization Corp., 2002 WL 31003721 (N.C. Super. Ct. 2002) (exemption from antitrust laws)


NORTH DAKOTA

Dixon v. McKenzie County Grazing Ass’n, 675 N.W.2d 414 (N.D. 2004) (change the rancher’s headquarters)  Text


OHIO

DeVries Dairy, L.L.C. v. White Eagle Coop. Assn., Inc., 132 Ohio St. 3d 516 (2012) (breach of cooperative marketing agreement). Text

Meyer v. Minster Farmers Coop. Exch. Co., NO. 17-09-06, 2009 WL 29866971, 2009 -Ohio- 4933 (Ohio Ct. App. Sept. 21, 2009) (dismissal of counterclaim against elevator)  Text

Dairy Farmers of Am., Inc. v. Wilkins, 101 Ohio St.3d 100 (2004) (subsidiary company and use taxes)  Text

Harvest Land Co-Op, Inc. v. Hora, 2012-Ohio-5915 (Cooperative accepted a promissory note forbearance of its rights to collect the amount due, owing, and unpaid on member’s account.


SOUTH CAROLINA

McMillan v. Gold Kist, Inc., 577 S.E.2d 482 (S.C. Ct. App. 2003) (arbitration clause)  Text


SOUTH DAKOTA

Veblen Dist. V. Multi-Community Co-op. Dairy, 813 N.W.2d 161 (S.D. 2012) (holding that minority shareholders of dairy cooperative failed to show that the majority shareholders engaged in wrongdoing). Text

Jorgensen Farms, Inc. v. Country Pride Corp., Inc. 824 N.W.2d 410 (S.D. 2012) (holding that cooperative did not have a duty to inspect trucks used by third party company to ship ammonium sulfate and later farm products). Text

Coop. Agronomy Servs. v. S.D. Dep’t of Revenue, 668 N.W.2d 718 (S.D. 2003) (sales tax assessment)  Text


WASHINGTON

Nakata v. Blue Bird, Inc., No. 26434-3-III, 2008 WL 2623970 (Wash. Ct. App. July 3, 2008) (failure to distribute equity; right to inspect records; attorneys’ fees)  Text


WISCONSIN

Leach Farms, Inc. v. Valley Bakers Coop. Ass’n, No. 2007AP997, 2008 WL 2185438 (Wis. Ct. App. May 28, 2008) (insurance policy coverage of cooperative’s leased premises)  Text

Shea v. Foremost Farms USA Co-op., 739 N.W.2d 491 (Wis. Ct. App. 2007) (dismissal of breach of contract suit)  Text