Burford, et al. v. Cargill, Inc., No: 05-0283, 2011 U.S. Dist. LEXIS 106818 (D. W.D. La. Sept. 20, 2011)

(motion to dismiss plaintiffs’ Racketeer Influenced and Corrupt Organizations Act (RICO) and fraud claims under Fed. Rules of Civ. Pro. 12(b)(6) and 9(b) by defendant; court denied motion; plaintiffs were dairy farmers who purchased pelletized feed for dairy cows or heifers from Cargill from Jan. 1, 2001, through present; plaintiffs alleged that, after initial sale, defendant changed composition of feed to maximize corporate profits without regard to nutritional needs of cows and without notice to farmers; plaintiffs alleged damaged to cows, loss of milk production, impaired reproduction, increased mortality, etc.; plaintiff's also alleged that the defendant engaged in a pattern of racketeering activity including regular and repeated use of mail system to collect payments from dairy farmers who were victim of scheme; defendant's motion to dismiss RICO and fraud claim denied; plaintiffs adequately plead identity of an enterprise distinct from defendant, qualifying association-in-fact, proximate causation and witness intimidation). 

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter