[SANET-MG] litigation pays corporations

[jcummins <jcummins@UWO.CA>]

The US and Canadian  courts seem to have established a principle that
the polluted must pay. The absence of fundamental justice is obvious.The
key feature of that process may have been the recruitment of academic
"experts" who share the take and provide "evidence" that seals the fates
of the victims. It seems clear that GM pollen and seed polluted organic
farmers will fall victim to the corporations. It may be judicious to
look for insurance against the corporate  GM litigation threat.
The Center for Food  Safety just released a report detailing Monsanto's
lawsuits against American  farmers.
For a copy of the report, click
http://www.centerforfoodsafety.org/Monsantovsusfarmersreport.cfm

Monsanto  Assault on U.S. Farmers Detailed in New Report
FOR IMMEDIATE  RELEASE
January 13,  2005
Contact: Craig Culp, (202) 547-9359, or (301) 509-0925  (mobile)

First-of-its-Kind Analysis Reveals Thousands of Monsanto Investigations,
Nearly 100 Lawsuits and Numerous Bankruptcies

Toll-Free Hotline  Established for Farmers Facing Lawsuits or Threats from
Monsanto to Get Guidance and Referrals

WASHINGTON -  The Center for Food Safety released today an extensive review
of Monsanto's use and abuse of U.S. patent law to control the usage of
staple crop seeds by U.S.  farmers. The Center (CFS) launched its
investigation to determine the extent to  which American farmers have been
impacted by litigation arising from the use of  patented genetically
engineered crops. Monsanto vs. U.S. Farmers details the results of this
research, discusses the ramifications for  the future of farming in the
U.S. and outlines policy options for ending the  persecution of America's
farmers.

"These lawsuits and settlements are  nothing less than corporate extortion
of American farmers," said Andrew Kimbrell  executive Director of CFS.
"Monsanto is polluting American farms with its  genetically engineered
crops, not properly informing farmers about these altered  seeds, and then
profiting from its own irresponsibility and negligence by suing  innocent
farmers. We are committed to stopping this corporate persecution of our
farmers in its tracks."

The report finds that, in general, Monsanto's  efforts to prosecute farmers
can be divided into three stages: investigations of  farmers; out-of-court
settlements; and litigation against farmers Monsanto  believes are in
breach of contract or engaged in patent infringement. CFS notes  in the
report that, to date, Monsanto has filed 90 lawsuits against American
farmers in 25 states that involve 147 farmers and 39 small businesses or
farm  companies. Monsanto has set aside an annual budget of $10 million
dollars and a  staff of 75 devoted solely to investigating and prosecuting
farmers.

"Monsanto would like nothing more than to be the sole source for staple
crop seeds in this country and around the world," said Joseph Mendelson,
CFS  legal director. "And it will aggressively overturn centuries-old
farming  practices and drive its own clients out of business through
lawsuits to achieve  this goal."

The largest recorded judgment CFS has found thus far in favor  of Monsanto
as a result of a farmer lawsuit is $3,052,800.00. Total recorded  judgments
granted to Monsanto for lawsuits amount to $15,253,602.82. Farmers  have
paid a mean of $412,259.54 for cases with recorded judgments. Many farmers
have to pay additional court and attorney fees and are sometimes even
forced to  pay the costs Monsanto incurs while investigating them.
"Monsanto is taking  advantage of farmers with their marketing and their
threats and lawsuits," said  Rodney Nelson, a North Dakota farmer sued by
Monsanto. "It's hard enough to farm  as it is. You don't need a big seed
supplier trying to trip you up and chase you  down with lawyers."

Farmers even have been sued after their fields were  contaminated by pollen
or seed from a previous year's crop has sprouted, or  "volunteered," in
fields planted with non-genetically engineered varieties the  following
year; and when they never signed Monsanto's Technology Agreement but  still
planted the patented crop seed. In all of these cases, because of the way
patent law has been applied, farmers are technically liable. It does not
appear  to matter if the use was unwitting or if a contract was never
signed.

Various policy options supported by CFS include passing local and
state-wide bans or moratoriums on plantings of genetically engineered
crops;  amending the Patent Act so that genetically engineered plants will
no longer be  patentable subject matter and so that seed saving is not
considered patent  infringement; and legislating to prevent farmers from
being liable for patent  infringement through biological pollution.

CFS has established a  toll-free hotline for farmers facing lawsuits or
threats from Monsanto to get  guidance and referrals: 1-888-FARMHLP.

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