The following is a sampling of the CAFO-related cases and results achieved by attorneys at Speer Law Firm, P.A. and Middleton Firm, where they have served in a lead counsel capacity or otherwise played a significant role for plaintiffs.
Missouri
CLEAN v. Premium Standard Farms, Western District of Missouri, No. 97-6073; Case filed on behalf of a citizens’ group from northern Missouri against one of the nation’s largest hog producers for violations of the Federal Clean Water Act, Clean Air Act and CERCLA that resulted in a Consent Decree in 2002 designed to advance the development of “Next Generation Technologies” for the reduction of odor emitted from Defendants’ facilities; to improve the methods of handling of hog waste; to attempt to force Defendants to maintain compliance with the provisions of their permits; to implement measures to prevent unpermitted discharges of hog waste from the facilities; to reduce emissions of hydrogen sulfide and ammonia from Defendants’ waste lagoons and land application fields; and, to develop practices which would allow the reduction of acreage needed for the land application of hog waste.
M. Adwell v. Contigroup Companies, Inc., S. Adwell v. Contigroup Companies, Inc., Torrey v. Contigroup Companies, Inc. and Bounds v. Contigroup Companies, Inc., Jackson County Missouri Circuit Court, Case Nos. 02CV221529, 02CV221544, 04CV206334, and 04CV206730. Cases filed on behalf of individual residents in northern Missouri for nuisance generated by large-scale confined hog operations. Six of the Plaintiffs in the S. Adwell matter took their case to trial in September 2006. Each Plaintiff received a jury award of $750,000 for a total award of $4.5 million. The remaining cases are on-going.
Herrold v. Contigroup Companies, Inc., Jackson County Missouri Circuit Court, Case No. 04CV214350, This and related cases that have been transferred to the Circuit Courts of multiple counties in Northern Missouri are cases filed on behalf of approximately 200 residents of northern Missouri living within ten miles of concentrated animal feeding operations of defendants for nuisance generated by those operations. These cases are on-going.
Arnold, et al. v, Smithfield Foods, Inc., et al., DeKalb County Missouri Circuit Court, 08DK-CV00138, Case filed on behalf of three residents in Missouri for on-going nuisance. The plaintiffs were members of the group that previously received a jury award of $4.5 million.
Hanes, et al. v. Continental Grain, Inc., et al., City of St. Louis Missouri Circuit Court, 962-7621A, Case filed on behalf of over 100 residents in Missouri for nuisance generated by large-scale confined hog operations. Over fifty plaintiffs received a jury award of $100,000 a piece for a total of $5.2 million. This award was upheld by the Appellate Court for the State of Missouri.
Hanes, et al. v. Smithfield Foods, Inc., et al., DeKalb County Missouri Circuit Court, 08DK-CV00097, Case filed on behalf of a resident in Missouri for nuisance generated by large-scale confined hog operations. The plaintiff in this action was previously a prevailing plaintiff in a prior lawsuit against the predecessor entities of Smithfield Foods, Inc. The jury awarded $5.2 million in that action. Mr. Speer and his previous law firm represented the plaintiffs in that action.
McEowen v. North View Swine, et al., Cedar County, Missouri Circuit Court, 05CD-CV00106. Case filed on behalf of two residents in Missouri for nuisance generated by large-scale confined hog operations.
Piper v. Tyson Foods, Inc., et al., Saline County Missouri Circuit Court, 07SA-CV00202, Case filed on behalf of two residents in Missouri for nuisance generated by large-scale confined hog operations.
Mcguire, et al. v. Synergy, et al., Barton County Missouri Circuit Court, 08B4-CV00702, Case filed on behalf of twenty-seven residents in Missouri for nuisance generated by large-scale confined hog operations.
Other States
Brouse, et al. v. The Dairy Dozen –Thief River Falls, LLP, d/b/a Excel Dairy, et al., Marshall County Minnesota District Court, 45-CV-08-301, Case filed on behalf of twenty-three residents in Minnesota for nuisance generated by large-scale confined dairy operation.
Frost v. OK Foods, Sequoyah County Oklahoma District Court, CJ-01-986, Class-action case for private nuisance filed against OK Foods on behalf of local residents as a result of water pollution caused by discharge of waste from Defendant’s poultry slaughterhouse.
Sand v. Svoboda, District Court Of Keith County, Nebraska, Case No. CI 01-132. Defense of citizens against a SLAPP suit regarding comments submitted to the Nebraska Department of Environmental Quality regarding a permit request for a large-scale confined hog operation with counterclaims against the plaintiffs. This case resulted in a jury verdict on behalf of our clients in the amount of $900,000.00 plus attorney fees and expenses, the largest verdict ever in Keith County, Nebraska.
Ward, et al. v. Professional Swine Management, Inc., et al., Schuyler County, Illinois Circuit Court, 08 L 02. Case filed on behalf of fourteen residents in Illinois for nuisance generated by large-scale confined hog operations.
