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Judge rules out class aciton { October 1 2003 } Original Source Link: (May no longer be active)    http://www.washingtonpost.com/wp-dyn/articles/A29821-2003Oct1.html http://www.washingtonpost.com/wp-dyn/articles/A29821-2003Oct1.html Judge: No Class-Action in Monsanto Case By JIM SUHR The Associated Press Wednesday, October 1, 2003; 6:09 PM ST. LOUIS - A federal judge has ruled against granting class-action status to a lawsuit accusing Monsanto Co. and some of its seed-marketing rivals of plotting to control genetically modified corn and soybean prices. U.S. District Judge Rodney Sippel's ruling, released Wednesday, thwarts a bid by attorneys suing the companies to expand the 1999 lawsuit to include more than 100,000 farmers, not just the handful of farmers represented in the original lawsuit. "Simply put, plaintiffs presume class-wide impact without any consideration of whether the markets or the alleged conspiracy at issue here actually operated in such a manner so as to justify that presumption," Sippel wrote in his 17-page ruling. "It is a highly individualized, fact-intensive inquiry that necessarily requires consideration of factors unique to each potential class member," including the variety of genetically modified seeds bought, geographic location, growing conditions and purchase terms, Sippel wrote. "I am not persuaded that the alleged conspiracy could even be proven with common evidence," he ruled. Telephone and e-mailed messages left with the law firm behind the lawsuit were not immediately returned. The ruling was welcomed by Monsanto, which along with the other companies named in the case - Bayer CropScience, Syngenta and DuPont unit Pioneer Hi-Bred - has denied the farmers' allegations that the companies plotted for years to fix prices. The farmers also contend that genetically modified seeds and foods are unsafe. Monsanto spokesman Bryan Hurley said the latest ruling marks "a huge victory for Monsanto and biotechnology." Pioneer spokesman Doyle Karr called the judge's decision "a very favorable development" and said the company maintains the rest of the case is also without merit. Messages left Wednesday with Syngenta and Bayer were not immediately returned. Wednesday's development follows Sippel's decision last month to let the antitrust portion of the 1999 lawsuit go forward, concluding then that "genuine disputes of material fact remain." But at the same time, the judge rejected negligence and "public nuisance" claims by farmers who grew non-genetically modified corn and soybeans and who argued, among other things, that their crops were tainted by Monsanto's genetically modified seeds. Corn and soybeans genetically designed to kill pests or withstand herbicides have become widely popular in the United States, but they've have met consumer resistance overseas. Genetic engineering involves splicing a single gene from one organism to another. Biotech opponents have focused on persuading food makers not to buy genetically modified crops and getting governments to require the labeling of altered foods. --- On the Net: Monsanto, http://www.monsanto.com Pioneer Hi-Bred, http://www.pioneer.com Bayer, http://www.bayercropscienceus.com Syngenta, http://www.syngenta.com © 2003 The Associated Press

Biotech foods have unknown allergen risks Canadian farmer monsanto Contamination in canada { July 18 2003 } Court rules against farmer in monsanto case { May 22 2004 } EU ban lifted on genetically modified foods Gates and rockefeller move closer to gmo in africa Indian farmers target monsanto { September 11 2003 } Judge rules out class aciton { October 1 2003 } Lawsuit should proceed Modified crops have unintended changes in allergens toxins { July 28 2004 } Monsanto buys patent for indian wheat { January 31 2004 } Monsanto demands soy licensing { June 13 2003 } Monsanto GM corn causes abnormalities in kidneys blood Monsanto retreats on biotech wheat { May 11 2004 } Monsanto seed prices linked to india suicides Monsanto sees seeds of food revolution in europe { March 19 2004 } Monsanto vs schmeiser Monsanto wants soy royalties brazil Monsanto wins anti trust { October 1 2003 } Nas urges greater scrutiny of genetically modified foods Suit denied status as class action Files Listed: 21

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