Question
Facts section: Summarize what happened that created the conflict. These are the facts of the case. Try to consider the perspective of each side of
- Facts section: Summarize what happened that created the conflict. These are the facts of the case. Try to consider the perspective of each side of the conflict and reasonable inferences that you can draw from the facts.
- Issue section: Identify the legal issue that needs to be resolved in this conflict. You now have practice at this with cases from class--think carefully to get to the rights or responsibilities of the parties to articulatethe legal issue.
- Rule of Law: Now that you have identified a clear legal issue, state the rule of law that will apply to the issue. Remember that the rule of law should be stated very generally, not applied to the conflict that you identified. Look back at the legal rules we have studied to help you.
- Holding/Apply the Rule: How do you think the rule of law that you identified applies to the agricultural conflict? How will the conflict be resolved? Try to answer the question that you raised in the Issue section.
- Reasoning/Justification: Explain why you came to the conclusion stated in the holding. Clearly apply the rule to the facts of the case and explain the resolution to the conflict.
Oregon farmer seeks $2 million for herbicide drift By MATEUSZ PERKOWSKI Capital Press Feb 22, 2021 An Oregon blueberry grower is seeking $2 million in damages from alleged herbicide drift from a neighboring property owned by a major California-based agriculture company. William Vandehey of Cornelius, Ore., has filed a lawsuit claiming that an employee of Munger Bros. of Delano, Calif., sprayed glyphosate on an adjacent field during sustained winds of up to 20 mph in May 2020. Drift from the spray operation caused "severe and long lasting damage" to Vandehey's blueberry bushes, which lost at least half their crop during last year's growing season, the complaint said. Vandehey alleges that a representative of Munger Bros. admitted to using glyphosate to an investigator from the Oregon Department of Agriculture but "misrepresented and falsified" the spray operation's "extent and duration" to cover up the damage. Apart from the direct crop losses suffered last year, the herbicide damage is expected to reduce Vandehey's blueberry yields for 3 to 6 years, the complaint said. The complaint accuses Munger Bros. of [causing] nearly $1 million in lost profits, income and other financial damages. To make up for decreased revenues, Vandehey may have to sell property and farm equipment, according to the lawsuit. "In the event that plaintiff is unable to secure financing to continue caring for and farming the damaged blueberry bushes, plaintiff reserves the right to replead its damages for a total loss of the family farm." Vandehey is also seeking $1 million in punitive damages because Munger Bros. acted with "malice and a reckless and outrageous indifference" by allegedly misting his elderly parents with the herbicide and trying to cover up the incident. Capital Press was unable to reach a representative of Munger Bros. for comment on the lawsuit. The company is a fruit processor and packer in addition to growing crops on more than 3,000 acres in the U.S., Canada and Mexico.
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