We are back with a number of important agricultural law issues in the news for the month of April!
Photo by Matthew Lancaster / A vibrant field of bluebonnets under a clear sky at sunset. Sunlight streams through trees, casting a warm glow over the lush blue and green landscape.
*John Deere agrees to $99 million settlement in right-to-repair class action lawsuit. John Deere has agreed to pay $99 million to settle a class action lawsuit claiming that Deere made crucial repair tools and software updates unavailable to independent repair shops and farmers. Those included in the class are individuals or entities who purchased repair services for John Deere large agricultural equipment from January 2018 until the settlement date. This, the plaintiffs argued, allowed them a monopoly and the ability to artificially increase prices. In addition to the monetary payout, the settlement will require Deere to make the necessary tools available to diagnose and repair problems to independent repair shops and farmers for 10 years. The settlement is not final until it is approved by the court. Importantly, this settlement does not impact a second lawsuit in which the Federal Trade Commission sued John Deere for the same actions. That suit remains ongoing. [Read article here. View proposed settlement here.] We are also releasing an episode of the Ag Law in the Field Podcast on this topic next week.
*US Supreme Court decision in Monsanto v. Durnell could impact ability to sue pesticide manufacturers. The Texas Standard recently published an article on the potential impact of the US Supreme Court’s upcoming decision in Monsanto v. Durnell in which the reporter spoke to two friends of mine and great ag lawyers, Brigit Rollins and Jennie Zwagerman. They did a great job of laying out the arguments of the parties and issues of the case. We also wrote a blog post highlighting this case here. For folks interested in learning more on this topic, the National Agricultural Law Center will be hosting a webinar discussing the issue of failure to warn on May 20, 2026.
*USDA publishes New World Screwworm Response Playbook. The USDA has released an updated guide related to the response should the New World Screwworm be detected in the United States. This is one topic that we will be discussing at the upcoming State Bar of Texas John Huffaker Agricultural Law CLE. We will be publishing a paper next month on this topic that we will certainly share here.
*Texas Supreme Court opinion addresses what “free of all costs” means…it’s not what you think. The Texas Supreme Court recently decided Fasken v. Puig, a case involving the meaning of the words “free of all costs” in the reservation of a royalty interest. The Court held that this language did not intend to exclude post-production costs. This means that the oil and gas operator is allowed to deduct post-production costs from the royalties due to the royalty owner under this lease. Read the Opinion here and a good summary by John McFarland on his blog here.
*Tenth Circuit affirms New Mexico Supreme Court decision regarding public access to streambeds. In Sanchez v. Torrez, the United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a case where New Mexico landowners challenged the State’s position that streambeds are open to the public. Read Opinion here.
*Farmer mental health matters. I loved a recent article by Jennifer Latzke focused on farmer mental health. Specifically, she relayed her observation that while traditionally, it has been females who have engaged in discussions about agriculture and mental health. However, at a recent meeting she attended, she noted men more engaged in this topic than she had seen before. I, too, have noticed this shift. I am so grateful that, slowly but surely, the topic of mental health is becoming more commonplace in agriculture. I’m grateful to Jennifer for highlighting her observation and other great insights in her article. I am also grateful to be a part of the FarmHope team here in Texas, and I am proud of the work we’re doing in this space to help encourage these conversations to continue.
Upcoming Presentations
Next week, I’m headed to the Coastal Bend with a FarmHope presentation in Sinton on Tuesday evening and a presentation at the South Texas Beef and Forage Field Day in Beeville on Wednesday.
I want to flag the State Bar of Texas John Huffaker Agricultural Law CLE, which I will be attending and moderating a panel on animal health. This event will be held in Lubbock at the Texas Tech School of Law on May 21-22. It is a great event with wonderful CLE presenters and great networking opportunities. Click here for more information.
To see a complete list of my upcoming presentations, click here.
