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MADISON - ST. CLAIR RECORD

Friday, June 28, 2024

$30 million fee fight in Syngenta contaminated corn case filed in Madison County

State Court

EDWARDSVILLE – Distant law firms clash in Madison County circuit court over a $30 million fee from litigation against seed maker Syngenta. 

Crumley Roberts of North Carolina and Burke Harvey of Alabama each claimed $10 million on Feb. 26, in a complaint against Heninger Garrison of Alabama. 

The three firms jointly represented some of many farmers who settled corn contamination claims against Syngenta for $1.5 billion. 

Clients of the three firms sued Syngenta in Madison County, and Syngenta removed the complaints to U.S. district court in East St. Louis. 

Most plaintiffs litigated through multi district proceedings before District Judge John Lungstrum of Kansas City, Kansas. 

Some litigated at Hennepin County court in Minneapolis.  

In choosing Madison County for their fee suit, Crumley Roberts and Burke Harvey reflected advice that the three firms offered to prospective clients. 

Their recruiting letter stated, “Simply filing a case in one location versus another can determine whether you win or lose. 

“More often than not, the best place to file a lawsuit is not in the state where the client lives.” 

Christian Jorgensen of Chicago filed the complaint for Crumley Roberts and Burke Harvey, stating they did not render their services gratuitously. 

Jorgensen wrote that Heninger Garrison incorporated the clients obtained by Crumley Roberts and Burke Harvey into the litigation. 

He wrote that the three firms vetted various jurisdictions before deciding to file claims in Illinois state court. 

He wrote that all three firms signed the complaints, thereby opening an additional front in Illinois. 

“The Illinois aspect of the overall litigation contributed substantially to the overall settlement in all actions against Syngenta,” he wrote. 

He wrote that Crumley Roberts and Burke Harvey continually requested additional work and further involvement in other aspects of litigation. 

He wrote that Heninger Garrison exhorted them to continue their efforts on acquiring additional cases for the team. 

He wrote that Heninger Garrison constantly assured Crumley Roberts and Burke Harvey that the original agreement was in full force and effect. 

He wrote that Heninger Garrison told Crumley Roberts and Burke Harvey that a memorandum to that effect was forthcoming, but they never received it. 

Chief Circuit Judge William Mudge assigned the suit to Circuit Judge Sarah Smith.

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