A class action is a type of lawsuit that allows one or more individuals to pursue remedies against one or more defendants on their own behalf and on behalf of all others similarly situated (the “Class”) who have suffered damages from common wrongful conduct.  For example, a consumer who is a victim of deceptive trade practices with respect to a product that does not perform as advertised may be able to bring an action not only individually, but also on behalf of all other purchasers of that product.  A class action may be filed when the issues in a case apply to so many people as to make individual actions impractical.
 

          In this case, we are suing on behalf of named plaintiffs in the five long-grain rice producing states (Arkansas, Louisiana, Mississippi, Missouri, and Texas) on behalf of all of the long-grain rice producers in each of those states, on a state-by-state basis, for the defendants’ alleged violations of the laws of each of those states.  We are seeking certification of separate statewide classes comprised of the long-grain rice producers in each of those states.

           We will also be seeking certification of the “Five-State Rice Producers Class,” which is made up of all of the members of each of the statewide classes, against all of the defendants for the defendants’ alleged violations of the North Carolina Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat. § 75-1.1 et seq.  A more precise explanation of each of the classes proposed in this case can be found in Paragraphs 134-144 of the Master Consolidated Class Action Complaint, filed in this action on May 17, 2007

Click here to review the Complaint.
 

           The Bayer rice case was filed on behalf of U.S. long-grain rice producers who sustained damages resulting from the contamination of the U.S. rice supply with unapproved, genetically-modified rice seed traits developed and tested by defendant Bayer CropScience, LP (“Bayer”).  The contamination of the U.S. rice supply with at least two distinct genetically modified rice traits – LLRICE 601 and LLRICE 604 – has caused significant economic damages to U.S. rice producers and has substantially diminished their ability to cultivate, market, or otherwise distribute their rice crops. These actions seek to hold Bayer, the developer of these genetically modified rice traits, accountable for the market losses and other related damages they have caused U.S. rice producers. In addition to the rice producer actions, a small subset of cases in this consolidated, multidistrict litigation seek damages that this rice supply contamination caused to rice mills, rice exporters, and others.  Master Consolidated Class Action Complaint.

Click here to review the Complaint
 

            Since the filing of the first of these cases against various of the Bayer defendants in August 2006, numerous lawsuits have been filed across the country against Bayer and other entities.  The cases have now been consolidated under the caption “In re Genetically Modified Rice Litigation,” Master Docket No. 4:06 MD 1811 CDP, and are pending before Judge Catherine D. Perry in the United States District Court for the Eastern District of Missouri, Eastern Division, which is located in St. Louis, Missouri,. 

Click here to see 12/19/06 MDL Transfer Order
 

5.  What is the status of the case?

            On May 17, 2007, Plaintiffs filed their Master Consolidated Class Action Complaint  On June 21, 2007, Defendants filed their respective Answers to the Consolidated Complaint Part 1 & Part 2. The plaintiffs and the defendants are now beginning the “discovery” phase of the litigation, during which time each side will seek and obtain documents and information from the other side and from certain individuals and companies who are not parties to the case, but who are expected to possess information relevant to the issues being addressed in the litigation.  Both the plaintiffs and the defendants have begun producing documents relevant to the case, and depositions will begin soon.

Click here to review Defendants’ Answer: Part 1 & Part 2
 

6.  Who are the lawyers running the case?

On April 18, 2007, Judge Perry, the judge presiding over this action, appointed:

Don M. Downing of Gray Ritter & Graham, P.C. (St. Louis, Missouri) and

Adam J. Levitt of Wolf Haldenstein Adler Freeman & Herz LLC (Chicago, Illinois)

to act as Co-Lead Counsel in this litigation.  As Co-Lead Counsel, Messrs. Downing and Levitt are responsible for leading and coordinating the prosecution of these cases against Bayer and the other defendants.

Click here to review the Order Appointing Leadership Counsel

In addition, Judge Perry appointed an Executive Committee to assist Co-Lead Counsel in their prosecution of this case. 
The Executive Committee consists of:

Richard J. Arsenault of Neblett, Beard & Arsenault, LLP (Alexandria, LA);

Scott Poynter of Emerson Poynter LLP (Little Rock, AR);

Stephen Weiss of Seeger Weiss LLP (New York, NY);

Joe R. Whatley of Whatley Drake & Kallas (Birmingham, AL);

William Chaney of Looper Reed & McGraw, P.C. (Dallas, TX);

Ralph Chapman of Chapman Lewis & Swan (Clarksdale, MS).

Plaintiffs’ Co-Lead Counsel and Executive Committee have extensive experience successfully representing farmers and other individuals in class action and individual lawsuits in the Farm Belt and elsewhere throughout the United States. 

Attorney Bios

7.  Why did the Federal Judge appoint these lawyers to run the case?

            On April 18, 2007, the Court appointed Co-Lead Counsel and the Executive Committee members after hearing numerous proposals by various law firms. The Court determined that Messrs. Downing and Levitt, as Co-Lead Counsel, and the Executive Committee firms, would best meet the needs of all claimants in the litigation. The Court found that Co-Lead Counsel, along with the Executive Committee, have represented their clients’ interests consistently and cooperatively since the beginning.  They also have the requisite experience and resources to represent plaintiffs and to coordinate the activities that will be necessary for the prosecution of this litigation. 

Click here to review the Order Appointing Leadership Counsel
 

 8.  What are the benefits of a class action?

            A class action lawsuit provides the thousands of U.S. rice producers who comprise the Class the ability to pursue their claims on a level playing field with large, well-funded corporations that have huge resources to spend on defending claims brought against them seeking to hold them accountable for the contamination of the U.S. rice supply with unapproved or regulated rice or rice traits – including LLRICE 601 and LLRICE 604.  A class action allows many people who would never have had the resources or time to bring an individual action to rely on named plaintiffs, class representatives, and lead counsel to prosecute the case for them. 
 

9.  What is class certification?

            In an action such as this one, class certification is the stage of the lawsuit in which the lead plaintiffs ask the Court to determine that the case meets the legal requirements of a class action – that there are numerous claimants with common factual and legal issues, that those common issues predominate over individual issues, that a class action is superior to other available methods to process the litigation, and that the lead plaintiffs  will adequately represent the class or classes with qualified and experienced counsel.  Under the current schedule Judge Perry has established for this case, the plaintiffs are required to file their class certification motion on or before November 15, 2007; the defendants must file their opposition to class certification on or before January 15, 2008; the plaintiffs must file their reply memorandum on or before March 14, 2008; and there will be a class certification hearing on May 1, 2008.  To view the current case management schedule, including the class certification motion schedule.

Click here to review the Case Management Order No. 1

          If Judge Perry certifies this action as a class action, several rice producers – including, but not necessarily limited to, some or all of the named plaintiffs in the Master Consolidated Class Action Complaint – will be appointed as representative plaintiffs who will act on behalf of the classes as defined in the certification order that the court will enter.  These representative plaintiffs, who are usually the initial plaintiffs, will consult with the lawyers on behalf of the classes.  In the certification order, Judge Perry will define who is in the classes and provide the manner in which members of the class will be notified of the action.

          If a settlement is reached before trial, Judge Perry will have to approve the settlement before it is implemented.
 

10.  What is a class representative?

             Class representatives are one or more plaintiffs identified as representing the class in a lawsuit.  Class representatives have a duty to protect the interests of the class members on whose behalf they bring the action. They also have more responsibility in the litigation process, including answering questions and producing documents for discovery and appearing for one or more depositions, as well as at trial should there be one.  Depending on the class definition, a variety of plaintiffs/class representatives sometimes are needed to represent various interests of the classes.
 

11.  Who are the named plaintiffs in this case? 

            The named plaintiffs in this class action case are rice producers from each of the five primary long-grain rice producing states (Arkansas, Louisiana, Mississippi, Missouri, and Texas).

Click here to see a list of the parties in the class action case
 

12.  Who are the defendants in this case?

            The defendants who have been named in this case to date are various foreign and domestic Bayer corporate entities, as well as StarLink Logistics, Inc. 

Click here to see a list of the parties in the class action case
 

13.  Will I be a member of any of the classes proposed in this case?

            Maybe.  The proposed classes include all of the long-grain rice producers in each of the five primary long-grain rice producing states (Arkansas, Louisiana, Mississippi, Missouri, and Texas).  If you are a rice producer in one of those states, you do not have to do anything at this time to be included in one or more of the proposed classes. At some point in the future, you may be asked if you want to exclude yourself from the class, and, at a later time, you might be asked to file a claim form if you wish to share in any settlement. But for now, you do not need to do anything to be included.
 

14.  What does it cost me to join a class action lawsuit?

            Generally, there is no out-of-pocket cost to any class member regardless of the outcome. 
 

            The attorneys on this case work on a contingent fee basis.  If they are successful in obtaining a recovery on behalf of class members, they will ask the court to award fees from the recovery.  The amount of the fee award will generally depend on a number of factors, including the size of the recovery and the duration and complexity of the litigation.  The Court will award only the amount of attorneys’ fees that it believes are fair and appropriate given all the circumstances. 
 

16.  How do I join the class action?

            If you are included in any of the classes Judge Perry may define in her certification order, you will automatically be included in the class action unless you take affirmative steps to “opt out” – or be excluded from the classes – in accordance with the instructions that will be provided in the notice that you will receive if the classes are certified. 

            If you elect to opt out of the class action you will not be bound by a later judgment of settlement of the action.  Class members who choose to opt out will not benefit from any recovery that may be obtained in the class action case.  In any event, you do not need to make any decision regarding your involvement in the class action case until after Judge Perry rules on the plaintiffs’ class certification motion.
 

17.  What does “opting out” mean?

            Opting out means you choose not to participate in the class action.  You will not be bound by any order entered in this litigation, but you will also be unable to share in any recovery obtained on behalf of the Classes.
 

            You will be able to opt out of the class action in the event that the Court grants the Plaintiffs’ motion for class certification.  Notice will be provided to you informing you, among other things, of your right to opt out of the class action.  If you choose to remain in the class at that point, you will still have another opportunity to opt out of the class action if/when a settlement is reached in the class action case.
 

            If you want to proceed with your own case against the defendants, or simply do not want to be involved in any litigation at all, you will have to opt out of the class action if it is certified by the Court as a class action.  However, if you opt out of the class action, you will not be entitled to share in any recovery obtained on behalf of the Classes.
 

20.  How long will it take before the class action case is resolved?

            Every case is different.  While cases of this magnitude and complexity can take several years to resolve, it is possible that it could be resolved earlier.
 

21.  How much money or other relief will I receive?

            The amount of monetary damages or other relief that may be paid to the class members in this case depends greatly on their interests in the lawsuit, as well as the amount of any agreed settlement or court ordered judgment.  In this case, for example, the factors that could determine the degree of an individual class member’s interest in the case might include, but are not limited to, the following:

·        the number of acres on which the class member farms rice,

·        the amount of rice the class member harvested, or

·        the number of acres on which the class member planted contaminated rice varieties),

22.  Will I need to go to St. Louis to share in any recovery obtained on behalf of the Classes?

            No.  You will not need to travel to St. Louis or any other location to share in any recover obtained on behalf of the Classes.  If you choose to participate in the class action lawsuit and share in any recovery obtained on behalf of the Classes, any funds or other relief to which you are entitled will be sent to you.
 

23.  Should I participate in the class action?

            That is your choice.  Every member of the class would benefit from a successful class action without being burdened with the risk, expense, time commitment, and inconvenience of individually prosecuting their own claims.  Unlike in a class action case where the court decides what attorneys’ fee amount is reasonable, in an individual action, generally speaking, you owe your lawyer fees and expenses based upon the terms set forth in the retainer agreement you have signed with that lawyer.  Typically in very large class action cases, the attorneys’ fee percentage that the court awards to class counsel is lower than a customary percentage in individual cases.  That is not always the case.  Similarly, your proportional expenses in an individual case may be substantially higher than those in a class action case.  Also, unlike in the class action case, where plaintiffs’ lead lawyers were carefully analyzed and evaluated by the court prior to their appointment to the case leadership, any individual lawyer you may consider retaining has not been so approved.
 

24.  Can I bring my own individual lawsuit?

            Yes.  If you want to consider this option, you should seek out legal advice from an attorney that you have selected.  Please note that if you choose to pursue your own individual case, you will need to opt out of the class action (if a class is certified) and will be unable to share in any recovery obtained on behalf of the Classes.  For an explanation of “opting out,” please see above.
 

25.  I have been approached by a lawyer asking me to “sign up” with them and pursue an individual 
       lawsuit against Bayer separate from the class action.  What should I do?

            While lawyers who are not in the leadership of the class action case are free to contact you, explain the case to you, and seek to represent you in an individual action outside of the class action lawsuit, they are ethically obligated to present you with complete and accurate information about the class action case, the differences between class action litigation and an individual lawsuit, and your burdens and obligations under each one.

            We know that this can be a confusing process and we believe that you should be fully informed of all of your options before making a decision to “sign up” with a lawyer to pursue an individual action or participate in the class action cases.

            If you are approached by a lawyer who wants to represent you in an individual action against Bayer, you should feel free to ask that lawyer to set up a conference call amongst the lawyer, you, and Co-Lead Counsel in the class action case.  We are always happy to answer any questions and explain the facts and procedure of the class action case to you.  We will also explain to you why, until a class is certified or denied in the class action case, you do not need to do anything to protect your rights against the defendants in the class action case.

            Alternatively, you should always feel free to contact Co-Lead Counsel, or any of the other attorneys in the leadership of the class action case on your own to ask any questions you may have about any aspect of the litigation.

Click here to contact Co-Lead Counsel
 

26.  What questions should I ask those lawyers?

There are several questions you might want to ask them, in addition to speaking with Co-Lead Counsel in the class action case.  You should ask any lawyer who wants you to “sign up” with them to pursue an individual case the following questions: 

• Has another lawsuit already been filed based on the same facts?  If so, do I really need to file my own lawsuit?

• Will “signing up” with another lawyer to pursue an individual action have any impact on my interests in the class action case?

• How is the lawyer who wants to pursue my individual action going to get paid?

• If, after I sign up with you, I decide to stay in the class action case and participate in any settlement that may be reached in the class action case, do you still get a percentage of any monetary award I receive?

• Who are the lead counsel in the class action case?  How can I reach them?  Have you spoken with them?

• What can I read to familiarize myself with the facts of the case?

• How many other rice farmers have you “signed up” to represent in individual actions?

• Have you ever represented farmers in biotechnology litigation before?  Please describe each biotechnology or farming case in which you have been involved and the results you obtained for your clients?

• Have you ever represented plaintiffs in a class action lawsuit?  If not, on what “real world” experience do you base your views on the merits of individual actions versus class actions?

• Have you ever represented Bayer?

• If I “sign up” with you to pursue an individual action, am I obligated to pay case expenses whether or not I prevail?

• What is your contingency fee percentage?  Is it higher or lower than the attorneys’ fee percentage typically awarded to class counsel in large class action litigation?

• In the event the class action case is successfully resolved, will Judge Perry need to approve any fees that Co-Lead Counsel in that case receive?

• Does any judge need to review and approve your fees if you represent me in an individual action?

You might want to contact Co-Lead Counsel in the class action case to ask these or other questions too.  We want you to be informed, and are willing to help you stay informed.
 

27.  If I am thinking about pursuing an individual action against the Defendants named in the class
       action case, do I need to do anything now?

            No.  Until Judge Perry rules on the plaintiffs’ motion for class certification in the class action case – and either certifies the proposed classes or denies the motion – you do not need to do anything.  If Judge Perry certifies the proposed classes – a step that will not happen before the late Spring of 2008 – you will receive a notice in the mail, on the Internet, or in some other manner, explaining her ruling and advising you that you are free to either: (a) stay in the class; or (b) opt out of the class.

            If you choose to stay in the class, you likely will not need to do anything else until the end of the case.  If a settlement is reached, you will receive another notice and you will be given another opportunity to opt out and not partake in that settlement.

            If you choose to opt out of the class action case – which, as the class certification notice will explain, you will be able to do so by sending a short notice to Co-Lead Counsel – you will then have two choices.  You can either:  (a) pursue an individual action with the lawyer of your choice; or (b) you can do nothing and not pursue your claims in any manner.

            In any event, until Judge Perry makes her class certification determination in the class action case, you do not need to do anything and your rights against Defendants in the class action will still be protected.
 

28.  How can I find out more about this class action lawsuit?

            You can keep track of this case by periodically checking this website. We will post major developments, pleadings, and press releases as they occur.  If you would like to speak to one of our attorneys, please contact us through any of the methods offered on this website

Click here to contact Co-Lead Counsel
 

29.  What if I am not a rice producer, but believe my business or property has also been damaged by
        Bayer’s conduct?

            Although not part of the class claims that are being pursued in the class action lawsuit, the Multi-District Litigation case in St. Louis also includes claims brought in separate cases by rice millers, rice brokers, foreign importers of rice and others who believe  they were damaged as a result of the contamination of the U.S. long-grain rice supply.   If you are not a rice producer, you should not rely upon the class action lawsuit to protect your rights and interests.  Rather, you should contact an attorney to discuss your options.  For further information, you may also contact a member of the Plaintiffs' Executive Committee, William B. Chaney.  Mr. Chaney was appointed to the Plaintiffs’ Executive Committee, for, among other reasons, to assist in the coordination in the MDL case of the claims by non-producer plaintiffs.