2004 Archived AgLaw

January

  • LEGAL ISSUES IN DEVELOPING A NATIONAL PLAN FOR ANIMAL IDENTIFICATION
  • PRODUCTION CONTRACTING CALLED INTO QUESTION: POULTRY INTEGRATOR HELD TO BE OPERATOR OF CONTRACT GROWER FACILITY

February

  • JUDGMENTS FOR WILLFUL SEED PATENT INFRINGEMENT DEEMED NON-DISCHARGEABLE
  • COUNTRY OF ORIGIN LABELING: UPDATE AND OVERVIEW
  • CHAPTER 12 SUNSET, CAUGHT IN POLITICAL BATTLE
  • ARBITRATION AGREEMENT LACKS MUTUALITY OF OBLIGATION

March

  • A COMMENTARY ON SARA TITLE III AND IT’S ROLE IN AIR QUALITY LITIGATION INVOLVING AGRICULTURE
  • U.S. AGRICULTURAL LAWYERS PARTICIPATE IN CEDR CONGRESS
  • LIVESTOCK PURCHASE – MONEY SECURITY INTEREST

April

  • FARM PROGRAM PAYMENTS EXEMPT AS “PUBLIC ASSISTANCE BENEFITS”
  • ONLINE MONSANTO SEED TRAIT STEWARDSHIP COURSE
  • DRAFTING CONSERVATION EASEMENTS FOR AGRICULTURE

May

  • COURT ISSUES PRELIMINARY INJUNCTION ENJOINING USDA ACTION ON MAD COW DISEASE
  • COURT CONSIDERS DISCHARGEABILITY OF PATENT INFRINGEMENT JUDGMENT
  • THE CONSTITUTIONALITY OF CORPORATE FARMING LAWS IN THE EIGHTH CIRCUIT

June

  • NO DEFERRAL WHERE PAYMENT RECEIVED BY AGENT (PAYMENTS CONSTRUCTIVELY RECEIVED)
  • IOWA’S RIGHT TO FARM LAW DECLARED UNCONSTITUTIONAL
  • ALTERNATIVES TO RIGHT TO FARM LAW PROTECTION

July

  • EXHAUSTION OF ADMINISTRATIVE REMEDIES AS JURISDICTIONAL REQUIREMENT NOT MANDATED
  • EIGHTS CIRCUIT REQUIRES STRICT COMPLIANCE WITH “DIRECT NOTICE” EXCEPTION
  • THE MEANING OF “ACTIVE BUSINESS” FOR PURPOSES OF DIVISIVE REORGANIZATIONS

August

  • THE RIGHT TO FARM LAW IN CALIFORNIA
  • VERMONT’S REVISED RIGHT TO FARM LAW
  • THE PROBLEM OF BUYER-POWER (MONOPSONY) IN AGRICULTURAL MARKETS

September

  • MILK HANDLERS’ AND PRODUCER’S CLAIMS DISMISSED
  • PACKAGING CHICKEN PELTS CONSIDERED SECONDARY AGRICULTURE UNDER FLSA
  • BANK’S SECURITY INTEREST IN GOVERNMENT PAYMENTS NOT PERFECTED
  • PURCHASERS ACQUIRE TITLE TO LAND BY ADVERSE POSSESSION

October

  • NEW CONDITIONAL WAIVER PROGRAM IN CALIFORNIA’S CENTRAL COAST TO REGULATE WASTE DISCHARGE FOR IRRIGATED LANDS
  • REPORTING INCOME UNDER “LEDGER” CONTRACTS
  • TAX-EXEMPT FINANCING AND AGRICULTURAL

November

  • A “NEAR MISS” FOR USDA CONTRACTORS UNDER THE CIVIL FALSE CLAIMS ACT
  • AALA 2004, THE YEAR IN REVIEW
  • AMERICAN JOBS CREATION ACT OF 2004: A SUMMARY OF SELECTED PROVISIONS

December

  • TOP TEN AGRICULTURAL LAW CASES OF 2004
  • FARMERS GUIDE TO GMO CONTRACTS