deltafarmpress.com/rice/070823-GM-suit/ -
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Published on: 8/28/2007
Last Visited: 8/28/2007
"A lawyer is always free to speak to a potential client at this stage of the case," says Adam Levitt, class co-counsel and attorney with Chicago's Wolf Haldenstein Adler Freeman & Herz."But what we've seen and heard is some information being imparted to (rice farmers) that's both inaccurate and, frankly, misleading.
"It creates a negative impression of what's going on, it oversells, it ignores the process and effect of the class certification ruling in the case (which hasn't happened yet), it overstates potential recoveries and puts the farmers in a position of making a decision without having all the information ...
Asked why rice producers should listen to class attorneys who have an obvious leaning in the legal scrum, Levitt says he isn't trying to sign anyone up but trying to keep farmers from being painted into a legal corner.
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Levitt, along with class co-counsel Don Downing (see http://deltafarmpress.com/rice/070528-class-action/index.html) are the only court-appointed lawyers authorized to speak with Bayer about settlement of the class-action cases.
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"If the court certifies the classes," says Levitt, "(rice farmers) will receive a printed notice of class action in the mail.The notice will also be in farming papers, including Delta Farm Press. (At that point), each farmer wanting to remain in the class doesn't have to do anything.If he wants to opt out, just send in a post card or letter by (a certain) date."
If a farmer chooses to opt out, he has several decisions to make.He can retain a lawyer of his choosing and proceed individually.
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If rice farmers wait to make legal decisions, "it isn't like they'll lose anything," says Levitt."There's a false urgency a lot of these lawyers are creating."
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"That's because the court is a fiduciary of the absent class members and is cognizant of their interests," says Levitt.
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One scenario has Levitt particularly concerned.
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One group of lawyers trying to sign up rice farmers has represented that the expense fees in individual actions "would be approximately $1 to $3 per acre," says Levitt.
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"We'd heard of lawyers signing up farmers over the last several months," says Levitt.
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Levitt says he's open to speaking not only with farmers but any lawyers they might bring to the arena.If rice farmers "are unsure about something they've heard and want to ask about it, call me. I'll even (phone conference) with the farmer and his lawyer and advise the lawyer of the exact things I've told the farmer."
Where case stands
Levitt and Downing are in the process of sending written discovery requests to Bayer.
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"They are promising that," says Levitt.
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Or, call/e-mail Don Downing (314-241-5620, ddowning@grgpc.com) or Adam Levitt (312-984-0000, levitt@whafh.com).
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