JUDICIAL:
UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY J. HAMMERAND, TAMMY A. HAMMERAND, KENNETH J. KREMER, DONNA A. KREMER, HEAVENLEE HOLSTEINS, IOWA DEPARTMENT OF REVENUE, THREE RIVERS FS COMPANY, MIDLAND FUNDING, LLC, DAVE’S FEED STORE, INC., POSTVILLE VETERINARY CLINIC, P.C., J AND B FEED SERVICE, LTD, & SCMITT IMPLEMENT COPORATION, Defendants., No. 18-CV-1019-LRR, 2019 WL 2450926 (N.D. Iowa June 12, 2019)
On April 2, 2018, the government filed the Complaint (docket no. 1) on behalf of the United States Department of Agriculture—FarmService Agency (“FSA”), seeking to foreclose its interest in certain real property and personal property pledged to the FSA. . On April 24, 2018, Defendant Schmitt Implement Corporation (“Schmitt Implement”) filed an Answer (docket no. 15). On April 25, 2018, Defendant Three Rivers FS Company (“Three Rivers”) filed an Answer (docket no. 21). On April 27, 2018, Defendants Jeffrey J. Hammerand and Tammy A. Hammerand (“the Hammerands”) filed an Answer and Jury Demand. On May 16, 2018, Defendant Iowa Department of Revenue filed a Disclaimer (docket no. 25), disclaiming any “interest in the subject matter of this proceeding for the reason that the liens set forth in the [C]omplaint have been released.” Disclaimer at 1. On July 11, 2018, the Clerk’s Default Entry was filed against Defendants Kenneth J. Kremer, Donna A. Kremer, Heavenlee Holsteins, Discover Bank, Portfolio Recovery Associates, LLC, Midland Funding, LLC, Dave’s Feed Store, Inc., Postville Veterinary Clinic, P.C., and J and B Feed Service, Ltd. See Clerk’s Default Entry at 1-2.
On April 5, 2019, the government filed the motion for summary judgment and motion for default judgment.the government’s “Motion for Summary Judgment and Motion for Default Judgment” (docket no. 37) is granted.
IN RE: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION THIS DOCUMENT APPLIES TO: ALL DIRECT ACTION PLAINTIFF CASES, No. 08-MD-2002, 2019 WL 2463221 (E.D. Pa. June 11, 2019)
In 2016, the Court granted the defense motion for summary judgment on Direct Action Plaintiffs’ egg product-related claims on the grounds that they lacked standing. The DAPs successfully appealed that ruling and the Court of Appeals for the Third Circuit remanded the case for further disposition. The defendants then filed joint and individual motions for summary judgment on the DAPs’ egg product-related claims. This Memorandum addresses those motions.
The defendants jointly argue that the DAPs failed to demonstrate that any alleged antitrust violation caused injuries. The Court must deny this motion because the DAPs have proffered enough evidence that a reasonable jury could arguably rule in their favor.
Certain defendants also filed individual motions for summary judgment on the grounds that, given the opinion from Court of Appeals for the Third Circuit, some or all of the DAPs lack standing. The Court denies these motions because under the theory being pursued by the DAPs (a theory that is permitted by current applications of antitrust law) the defendants can be jointly and severally liable for damages even if certain DAPs did not directly purchase egg products from them.
ARKANSAS STATE PLANT BOARD AND TERRY WALKER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE ARKANSAS STATE PLANT BOARD APPELLANTS/CROSS-APPELLEES V. MICHAEL MCCARTY, PERRY GALLOWAY, MATT SMITH, GREG HART, ROSS BELL, AND BECTON BELL APPELLEES/CROSS-APPELLANTS, 2019 Ark. 214 (2019)
Appellants/cross appellees Arkansas State Plant Board and Terry Walker, in his official capacity as the director of the Arkansas State Plant Board (the Board), appeal the Pulaski County Circuit Court’s April 3, 2018 order declaring that the Board’s April 15, 2018, dicamba cutoff rule is “void ab initio,” and “null and void.” Appellees/cross appellants, who are farmers Michael McCarty, Perry Galloway, Matt Smith, Greg Hart, Ross Bell, and Becton Bell (the Farmers), appeal the same order’s dismissing with prejudice their first amended complaint on the basis of the Board’s sovereign immunity. The Court dismisses the direct appeal as moot and dismiss as moot in part and reverse in part on cross appeal, and remand for further proceedings.
LEGISLATIVE:
H.R. 3244: To amend the Plant Protection Act for purposes of mitigating the threat of invasive species, and for other purposes. Info HERE
S. 1817: A bill to amend the Richard B. Russell National School Lunch Act to improve nutritional and other program requirements relating to purchases of locally produced food. Info HERE
S. 1810: A bill to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program to serve whole milk, and for other purposes. Info HERE
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