lawsuit | ąű¶ł´«Ă˝ Our Members Bring Choice, Value & Innovation to Agriculture Tue, 18 Jun 2024 19:51:24 +0000 en-US hourly 1 https://wordpress.org/?v=5.2.4 /wp-content/uploads/2023/09/fema-favicon-75x75.png lawsuit | ąű¶ł´«Ă˝ 32 32 Deere to pay $1M in Discrimination Case /news/deere-to-pay-1m-in-discrimination-case/ Tue, 18 Jun 2024 19:51:52 +0000 /?p=28469 Deere and Co. will pay $1.1 million in back wages to hundreds of Black and Hispanic job applicants who say they weren’t hired because of their race.

It comes after the U.S. Department of Labor evaluated the ag manufacturer’s hiring practices in Waterloo and Ankeny, Iowa, and Milan, Illinois.

The feds’ investigation found evidence of discrimination against 33 Black and 12 Hispanic applicants for warehouse positions in Milan; 36 Black applicants for assembler positions in Ankeny; and against 196 Black applicants for production positions in Waterloo.

In addition to back wages for those applicants, Deere will offer 53 new jobs to Black or Hispanic workers.

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Kinze & Ag Leader Owe Deere $16 Million in Planter Lawsuit /news/kinze-ag-leader-owe-deere-16-million-in-planter-lawsuit/ Thu, 30 Nov 2023 15:52:06 +0000 /?p=25993 An Iowa jury returned a verdict that found Kinze and Ag Leader had infringed on several John Deere patents regarding True Speed/SureSpeed technology. The jury sided with Deere on four claims of patent infringement, but found that Deere did not prove the infringements were willful.

The jury determined John Deere was entitled to recover $2,107,000 in lost profits due to sales of True Speed Planters. The jury also determined Deere is entitled to $14,220,900 in royalty compensation for the infringement.

John Deere first filed the patent infringement lawsuit against Kinze and Ag Leader in late 2020.

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Railroad Industry Sues to Block California Pollution Rules /news/railroad-industry-sues-to-block-california-pollution-rules/ Wed, 21 Jun 2023 15:35:50 +0000 /?p=23693 Two rail industry groups have filed suit against California for a proposed rule that would set a 30-minute idling limit for locomotives in the state and would require railroads to set aside funds to upgrade to cleaner locomotive technologies.

Announced in April by the California Air Resources Board (CARB), the rule is expected to go into effect in October, and would also require that switch, industrial, and passenger locomotives built in 2030 or after will be required to operate in zero-emissions configurations while in California, and in 2035 for freight line haul.

However, the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA), on behalf of their members, have now filed suit against CARB in the Eastern District of California over that In-Use Locomotive regulation.

According to the rail groups, the CARB rule would limit the useful life of today’s fleet of more than 25,000 locomotives and mandate their premature replacement with zero-emissions units using technology that has not been sufficiently tested in prototype or operational service and is not commercially available on the market today. 

“While the urgency to act is real and unquestionable, CARB uses unreasonable, flawed assumptions to support a rule that will not result in emissions reductions,” AAR President and CEO Ian Jefferies said in a release. “Railroads have urged CARB to take the proven path of collaboration and build on our shared successes, but those arguments were rejected out of hand. Railroads are working toward reliable, efficient zero-emissions technologies; however, they cannot simply be willed into immediate existence by policymakers.”

Based on those arguments, the rail groups’ lawsuit says the federal government—not individual states—has exclusive authority to regulate rail operations, due to the interconnected nature of rail operations and the need for uniform regulatory policies. The lawsuit asks courts to freeze the CARB rule until that issue can be settled.

However, CARB says that the costs of replacing the current generation of locomotives will be offset by the health savings of preventing premature deaths and emergency room visits and hospitalizations. CARB estimates that the emissions reductions from its new regulation are expected to be equal to almost double those emitted by all passenger vehicles in the state between now and 2050.

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EPA Sued for Not Enforcing Clean Air Act /news/epa-sued-for-not-enforcing-clean-air-act/ Tue, 24 Jan 2023 14:59:34 +0000 /?p=21598 Advocates are filing a lawsuit against the EPA, alleging that the agency is not enforcing the Clean Air Act by allowing agricultural equipment companies to prevent farmers from making their own repairs to tractors and other machines.

The lawsuit, expected to be filed by repair advocate Willie Cade, specifically aims at John Deere & Company, one of the world’s largest tractor and farm equipment manufacturers, claiming that it is illegally restricting the repair of its engine emissions systems to only authorized dealerships.

The lawsuit, filed in U.S. District Court of the District of Columbia, represents a novel approach to the issue through environmental law, advocates say. Cade is asking the court to require the EPA to act through an unusual legal route known as a mandamus order, which is an extraordinary remedy that is only granted if the petitioner has tried every other option available to them.

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Buhler Versatile Facing $35M Lawsuit /news/buhler-versatile-facing-35m-lawsuit/ Tue, 08 Nov 2022 20:02:35 +0000 /?p=20192 Buhler Versatile facing $35M breach of contract lawsuit from Australian farm equipment distributor.

A deal to ship Winnipeg-built tractors to Australia has resulted in a lawsuit alleging breach of contract, after Buhler Versatile Inc. decided to stop exports outside North America, according to a statementof claim filed in Manitoba’s Court of Kings Bench.PFG Australia Pty Ltd., headquartered in a suburb of Melbourne, says Winnipeg-based Buhler Versatile knew the damage it would cause when it decided to halt shipments, according to court documents. 

In mid-September, Buhler Versatile said in a letter to PFG that it “had decided to completely stop its export operations, projects and plans related to the supply of equipment outside North America,” says the lawsuit, dated Oct. 25. It does not indicate whether Buhler Versatile provided a reason for that decision, but alleges the company “is acting in bad faith in refusing to comply with the terms of the contracts for an ulterior purpose, namely, in attempting to advance its own interests in the North American market.”

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Jury Awards $5 Million to Widow in Tractor Fatality /featured-small/jury-awards-5-million-to-widow-in-tractor-fatality/ Tue, 28 Jan 2020 20:02:55 +0000 /?p=9472 A jury in Oklahoma recently awarded a woman $5 million in a civil suit claiming her husband’s death in a tractor accident was the equipment manufacturer’s fault.

The jury found Deere & Co. to be responsible for the May 2014 death of 38-year-old James Beall of Stillwater, Okla. The tractor Beall was driving rolled over, trapping him underneath.

The case involved a compact utility tractor with a front loader. The tractor and the optional front loader were assembled at the Deere plant in Georgia and then shipped to a dealership in Stillwater.

The suit claimed the tractor was unsafe and had not been properly configured by either the factory or the dealership before she and her husband took delivery. Deere denied the accusations.

The widow’s attorneys said Deere’s manufacturing failed to add additional weight to the rear of the tractor to counterbalance the almost 700-pound front-end loader before it left the Deere plant in Georgia. The weight was also not added at the local dealership.

Representatives of Deere said the tractor was not defective or unreasonably dangerous and suggested Beall may not have been wearing his seatbelt.
During the trial, the representative for Deere conceded that the ballast is supposed to be added to the rear and tires of the tractor. The instruction manual said that “to prevent death or bodily injury from tractor loader roll-over, the required amount of ballast must be added to the tractor.”

The proper ballast wasn’t added before Beall bought the tractor, and his wife’s attorneys argued that evidence shown during the trial suggested if the weight had been added as recommended, the tractor would not have rolled over.

A product safety engineer for Deere testified that the tractor was supposed to be configured ready for use at the dealership, and there is a checklist dealers go through to ensure a tractor is ready for use. Among the checklist items was the installation of ballast to prevent rollover and injury.

Source: Stillwater News Press

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Deere Sues Former Employee, Husband-Wife Duo Over Trade Secrets /shortliner/deere-sues-former-husband-wife-duo-over-trade-secrets/ Tue, 17 Sep 2019 21:15:06 +0000 /?p=8207 Deere filed suit this week in U.S. District Court against two former employees for allegedly stealing trade secrets.

The lawsuit claims the husband and wife downloaded, transferred and removed confidential information while planning their exits in violation of their contracts.

The lawsuit states Deere brought the suit to stop the defendants’ possession, disclosure and use of Deere’s confidential information.

The defendants are Seth Crawford and Adrian Crawford of Duluth, Ga.
The suit claims one defendant had begun employment with a direct competitor of Deere’s.

According to the suit, Seth Crawford had been employed at Deere since 1997, with his last position being director, global customer and product support. Adrian Crawford had been employed by Deere since 2008. At the conclusion of her career she held the position of manager, enterprise and analytics accelerator.

The suit alleges Adrian’s position allowed her access to trade secrets.

Deere spokesman Ken Golden said: “This legal action is in line with Deere & Co.’s commitment to our employees, shareholders, dealers and customers to always protect the company’s trade secrets and confidential information.

“Because this matter is in litigation, we will not comment on the specifics of the case. However, we believe the details described in the U.S. District Court complaint accurately support our reason for bringing legal action in this matter.”
Source: Courier Lee News Service

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Iowa Judge Allows Environmental Activists’ Suit to Proceed /uncategorized/iowa-judge-allows-environmental-activists-suit-to-proceed/ Tue, 17 Sep 2019 19:46:14 +0000 /?p=8179 A district court judge in Polk County, Iowa, ruled last week that an environmental lawsuit brought against the state of Iowa will move forward. 
Allowing the lawsuit, which challenges Iowa’s management of fertilizer and hog farm pollution in rivers and streams, handed a significant victory to environmental activists who oppose the state’s voluntary farm pollution regulations.
Judge Robert Hanson said in his ruling that Iowa Citizens For Community Improvement and Food & Water Watch may proceed to trial in their effort to prove the state isn’t doing enough to clean up the Raccoon River, a drinking water source for 500,000 central Iowa customers of Des Moines Water Works.
The lawsuit claims the state has violated the rights of citizens to clean water for recreational and drinking water uses. It asks the court to order mandatory limits on nitrogen and phosphorus pollution and for a moratorium on new and expanding hog confinement facilities.
A spokesman for the Iowa attorney general’s office said the state is reviewing the ruling and considering next steps.
A spokesman for Iowa Gov. Kim Reynolds said she will not comment on the decision.
Source: Associated Press

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