Remembering the “bundle of sticks” law school repriseBy Jeffrey A. MolletAgricultural Law, March 2015Given the recent flurry of oil and gas leasing, coal mining, pipeline proposals and installation, and now overhead electric transmission issues, many attorneys have or need to rethink their approach to real estate deals and begin to understand the true nature of the interest being sold or purchased.
Using spaghetti westerns to understand coal mining in today’s agricultural settingBy Jeffrey A. MolletAgricultural Law, December 2014This newsletter's editor has discovered that the present state of the mining industry can be summed up by simply referring to the titles of Sergio Leone’s spaghetti western “dollars” movies from 50 years ago.
Is there an Oliver Douglas in the house?By Jeffrey A. MolletAgricultural Law, October 2014“Right-to-farm” laws have been at least partially successful in defeating claims or chilling litigation by new neighbors against established farming operations, especially those cases relying on nuisance as the cause of action.
Missouri right-to-farm now a Constitutional amendmentBy Jeffrey A. MolletAgricultural Law, October 2014Every state has adopted some type of right-to-farm law in its statutory scheme,1 but only two have raised that protection to the constitutional level.
Piercing the corporate veil—Should farmers care?By Jeffrey A. MolletAgricultural Law, September 2014Can the corporate veil be pierced to collect a judgment from a non-shareholder? This question was addressed by the Illinois Appellate Court for the First District in Buckley v. Abuzir.
Grain contracting itself not sufficient to vest jurisdiction in IllinoisBy Jeffrey A. MolletAgricultural Law, June 2014The Seventh Circuit, in Northern Grain Marketing, LLC v. Greving, recently affirmed the District Court’s ruling that the defendant lacked sufficient minimum contacts with Illinois to vest the court with personal jurisdiction.
Careful on that farm—Assumption of risk is alive and well in IllinoisBy Jeffrey A. MolletAgricultural Law, March 2014In the recent case of Edwards v. Lombardi, the Third District Appellate Court held that a plaintiff’s on-farm injury claims for “ordinary negligence” were barred by the assumption of risk doctrine.
2014 tax informationBy Jeffrey A. MolletAgricultural Law, November 2013IRS updates of general interest.
Remaining educated to represent your clientsBy Jeffrey A. MolletAgricultural Law, August 2013Need to familiarize yourself with the unique ag issues that consistently arise? Check out these resources.
“Farm” bankruptcies and the ripple effectsBy Jeffrey A. MolletAgricultural Law, May 2013Perhaps in no area of the law are the problems any bigger than in the realm of bankruptcy, and these problems are magnified and made more difficult when the “farmer” is one of these large operators.
Aflatoxin contamination and insuranceBy Jeffrey A. MolletAgricultural Law, September 2012The August 2012 USDA Risk Management Agency fact sheet for aflatoxin testing provides good advice and direction for dealing with the possibility of a discount upon the sale of corn.
Editor’s notesBy Jeffrey A. MolletAgricultural Law, September 2012An introduction to the issue from Editor Jeffrey Mollet.
Estimating crop insurance recovery 2012By Jeffrey A. MolletAgricultural Law, August 2012Although the true extent of this year's crop losses are not fully known in many areas at this point, it would be helpful for most farmers to have an idea of where they stand with the crop insurance they purchased.
IDOT long-range state transportation planBy Jeffrey A. MolletAgricultural Law, May 2012On April 30, 2012, the Illinois Department of Transportation (IDOT) announced plans to update its Long-Range State Transportation Plan (Plan), all as required by the Federal Highway Administration and Federal Transit Administration.
Biofuel tax breaks—To be or not to be?By Jeffrey A. MolletAgricultural Law, April 2012The Senate Finance Committee subcommittee has been debating how (or perhaps whether) to extend the now expired and/or expiring alternative fuel federal tax incentives.
Federal court looks at antibiotic use in the livestock industryBy Jeffrey A. MolletAgricultural Law, April 2012A summary of Natural Resources Defense Council, et al. v. FDA, in which the Court ultimately found that 21 U.S.C. §360b(e) (1) “unambiguously commands the Secretary to withdraw approval of any new animal drug that he finds not shown to be safe, provided that the sponsor of the animal drug has notice and an opportunity for a hearing.
Agricultural fun factsBy Jeffrey A. MolletAgricultural Law, March 2012How about a few facts about agriculture that you can use to stump your friends at the coffee shop?
2012 payroll updateBy Jeffrey A. MolletAgricultural Law, January 2012Many of our farmer and agribusiness clients don’t often understand the various tax and financial issues which necessarily arise as a result of having retained employees (or perhaps “independent contractors,” in many instances).
Apparently, “head-in-the-sand” is not a valid defenseBy Jeffrey A. MolletCommercial Banking, Collections, and Bankruptcy, November 2011The recent case of U.S. v. Buchman gives practitioners guidance on what not to do to prove your case.
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