Agriculture and Biotechnology

DiCello Levitt successfully represents plaintiffs in nationwide commercial and class action lawsuits against large corporate conglomerates. This practice has enabled us to develop specific knowledge and impressive track records in certain industries, especially those with the potential to harm millions of people if standards of care are not met. One of those areas is agricultural biotechnology, where products like herbicides, genetically modified crops, and farming technology must follow strict safety and manufacturing regulations in order to protect populations and the environment. We have represented individual clients and state Attorneys General in several of the largest biotechnology class actions in U.S. history, recovering millions of dollars in compensation for damage inflicted, as well as to cover the effects of future damage. Even our corporate opponents praise our ability to resolve matters fairly and swiftly through settlement conferences, mediation, and other alternatives in order to avoid costly and lengthy trials. However, we are always ready to try our cases in court; we have frequently engaged in litigation that have lasted for years, never giving up until we attain justice for our clients.

With prior experience in both the prosecution and defense of biotechnology cases, our lawyers are skilled at anticipating potential challenges and envisioning viable paths towards resolution. In addition to cases involving personal injuries and defective products, we are well-versed in other legal issues that frequently arise in the agribusiness and biotech business, such as antitrust, patent infringement, breach of contract, and unfair competition trials. For example, one of our lawyers won a $1 billion jury verdict in Monsanto Co. v. E.I. DuPont de Nemours & Co., the fourth-largest patent infringement jury verdict in U.S. history.

Representative Matters

• In re Genetically Modified Rice Litigation

Achieved aggregate settlements exceeding $1.1 billion for all U.S. long-grain rice farmers as Co-Lead Counsel in the biotechnology multidistrict litigation against Bayer Crop Science for its contamination of the U.S. rice supply with unapproved, genetically modified rice seed traits.

• In re StarLink Corn Products Liability Litigation

Obtained a record $110 million nationwide settlement for all U.S. corn farmers as Co-Lead Counsel in the biotechnology multidistrict litigation against Aventis CropScience and Garst Seed Company for their contamination of the U.S. corn supply with genetically modified seed traits. The plaintiffs’ leadership team devised an innovative damages model that is now used in every crop contamination case.

• In re Imprelis Herbicide Marketing, Sales Practices, and Products Liability Litigation

Reached a nearly $600 million settlement for homeowners, golf course operators, and other property owners as Co-Lead Counsel in this nationwide class action lawsuit against DuPont, alleging that Imprelis turf herbicide killed millions of trees and other non-targeted vegetation and that DuPont knew or should have known were the dangers posed by Imprelis.