February 5, 2004
from Knight-Ridder Tribune
Michael Shaw
St. Louis Post-Dispatch
via Agnet Feb
5/04
Retired Southern Illinois farmer
Eugene Stratemeyer and his lawyer have, according to this story'
filed a lawsuit they hope will be a thorn in the side of
Monsanto Company of Creve
Coeur.
The story says that lawyer, Ron Osman of Marion, Ill., went to
federal court in East St. Louis on Wednesday, hoping to certify
a class-action suit against Monsanto over what even the company
admits are some improperly signed contracts.
The story explains that Osman and Stratemeyer lost a case to
Monsanto in 2002, when a jury in the same court decided the
farmer willfully violated the patent on the herbicide-resistant
soybeans -- called Roundup Ready -- that dominate the
marketplace.
Monsanto insists that under its agreement with buyers, the
farmers must buy new seeds every season. The company has won
millions of dollars suing farmers who harvested modified seed
from the previous crop for reuse. Some have been blacklisted,
with sellers told not to deal with them.
Stratemeyer, of Metropolis, Ill., lost only $14,000 in damages,
a fraction of what some farmers have been ordered to pay.
Monsanto wants that award tripled, and also is asking
reimbursement of lawyers' fees.
The story says that the proposed class action seeks to force
Monsanto to go through thousands of its contracts to determine
how many are "forged" -- meaning that someone signed the buyers'
name without authority to do so. And it wants the court to order
the company never to use such forged agreements against the
farmers in any way.
The suit doesn't seek any money.
Monsanto lawyers were cited as admiting that some of the
contracts don't bear authentic signatures and that the forgeries
were committed by retail suppliers of the seed, not Monsanto
itself.
No one claims the contracts were forged with criminal intent.
For example, farm hands who picked up seed may have signed the
farmers' names for convenience, without thinking to get
permission. On at least one of Stratemeyer's contracts, his last
name was misspelled.
James Monafo, lawyer for Monsanto, was cited as saying Wednesday
that examining every signature would be costly and pointless,
adding, "We're not using the contracts. It's not happening. It
would be stupid to do so."
U.S. District Judge Michael J. Reagan will decide, perhaps next
month, whether to certify the farmers as a class. |