Case Law Index
Marketing Orders
January 1, 2002 - November 1, 2008
This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving Marketing Orders that were decided on or after January 1, 2002. For those cases that have been summarized by the National Agricultural Law Center, a link is provided to the summary. The index will be regularly updated to reflect new judicial developments. The cases are listed in reverse chronological order.
SUPREME COURT
Hillside Dairy Inc. v. Lyons, 539 U.S. 59 (U.S. 2003) (out of state producers sued CA for their pricing and milk pooling regulations)
FEDERAL CIRCUIT COURT OF APPEALS
Evans v. U.S., 250 Fed. Appx. 321 (Fed. Cir. 2007) (takings under a federal marketing order)
Lion Raisins, Inc. v. United States, 416 F.3d 1356 (Fed. Cir. 2005) (marketing orders under the Takings Clause)
UNITED STATES COURT OF FEDERAL CLAIMS
Evans v. U.S., 74 Fed. Cl. 554 (Fed. Cl. 2006) (takings under a federal marketing order)
Lion Raisins, Inc. v. U.S., 58 Fed. Cl. 391 (Fed. Cl. 2003) (claim of taking because marketing order used collected funds to subsidize exports)
Lion Raisins, Inc. v. U.S., 57 Fed. Cl. 435 (Fed. Cl. 2003) (taking of storage bins through the powers given by a marketing order)
Lion Raisins, Inc. v. U.S., 54 Fed. Cl. 427 (Fed. Cl. 2002) (claim that raisins were not inspected as required by marketing order)
SECOND CIRCUIT
Boehner v. Heise, 410 F.Supp.2d 228 (S.D. N.Y. 2006) (suit against board controlling a ginseng marketing order)
Organic Cow, LLC v. Center For New England Dairy Compact Research, 335 F.3d 66 (2nd Cir. 2003) (organic producers trying to get an exemption from paying into the over-order price mechanism)
Ice Cream Liquidation, Inc. v. Land O'Lakes, Inc., 253 F.Supp.2d 262 (D. Conn. 2003) (antitrust claim against dairy industry because of their use of a marketing order)
THIRD CIRCUIT
Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Bd., 462 F.3d 249 (3rd Cir. 2006) (challenging Pennsylvania's enforcement of minimum wholesale and retail milk prices)
Kreider Dairy Farms, Inc. v. Veneman, 142 Fed. Appx. 581 (3rd Cir. 2005) (farmer was required to pay into the producer settlement fund as a handler)
Kreider Dairy Farms, Inc. v. Veneman, 2004 WL 1368806 (E.D. Pa. 2004) (summary judgment against kosher milk producer trying to change his designation in a marketing order)
Cochran v. Veneman, 252 F.Supp.2d 126 (M.D. Pa. 2003) (challenge to statute assessing milk producers with advertising costs)
Cloverland-Green Spring Dairies, Inc. v. Pennsylvania Milk Marketing Bd., 298 F.3d 201 (3rd Cir. 2002) remanded (challenging Pennsylvania's enforcement of minimum wholesale and retail milk prices)
FOURTH CIRCUIT
Lanco Dairy Farms Coop. v. Sec'y of Agric., 572 F.Supp.2d 633 (D. Md. 2008) (review of federal milk marketing order)
SIXTH CIRCUIT
In re Southeastern Milk Antitrust Litigation, 2008 WL 2368212 (E.D. Tenn. 2008) (antitrust suit against a milk marketing agency)
In re Southeastern Milk Antitrust Litigation, 2008 WL 2117159 (E.D. Tenn. 2008) (antitrust suit against a milk marketing agency)
U.S. ex rel. Fellhoelter v. Valley Milk Products, L.L.C., 2008 WL 217116 (E.D. Tenn. 2008) (alleged fraudulent milk payment schemes)
Bridgewater Dairy, LLC v. U.S. Dept. of Agric., 2007 WL 634059 (N.D. Ohio 2007) (raising make allowances for milk production)
Fullenkamp v. Veneman, 383 F.3d 478 (6th Cir. 2004) (action against the federal Milk Income Loss Contract Program)
SEVENTH CIRCUIT
Lamers Dairy, Inc. v. USDA, 379 F.3d 466 (7th Cir. 2004) (opting out of milk marketing orders)
Alto Dairy v. Veneman, 336 F.3d 560 (7th Cir. 2003) (challenge to milk marketing order)
White Eagle Co-op Assoc. v. Johanns, 508 F.Supp.2d 664 (N.D. Ind. 2007) (challenge to milk marketing order)
Schuh Hauling, Inc. v. Land O'Lakes, Inc., 2006 WL 1431496 (E.D. Wis. 2006) (breach of contract for improper labeling of milk under a marketing order)
White Eagle Co-op. Ass'n v. Johanns, 396 F.Supp.2d 954 (N.D. Ind. 2005) (regulating milk prices on emergency basis instead of administrative process)
Lamers Dairy Inc. v. U.S. Dep't of Agric., 379 F.3d 466 (7th Cir. 2004) (handler sued for an exemption from a milk marketing order)
NINTH CIRCUIT
Lion Raisins, Inc. v. U.S. Dep't of Agric., 2008 WL 783337 (E.D. Cal. 2008) (appealing summary judgment from challenging inspections of fruit)
U.S. v. Horne, 2007 WL 2238207 (E.D. Cal. 2007) (violation of marketing order)
Paramount Land Co. LP v. California Pistachio Com'n, 491 F.3d 1003 (9th Cir. 2007) (challenge to mandatory advertising and promotion expenses)
American Honey Producers Ass'n, Inc. v. U.S. Dep't of Agric., 2007 WL 1345467 (E.D. Cal. 2007) (challenging mandatory advertising as compelled speech)
Lion Raisins, Inc. v. U.S. Dep't of Agriculture, 2005 WL 2704879 (E.D. Cal. 2005) (fraudulent worksheets could not be disclosed)
Lion Bros. v. U.S. Dep't of Agric., 2005 WL 2089809 (E.D. Cal. 2005) (alleged failure to inspect fruit controlled by a marketing order)
Hillside Dairy, Inc. v. Kawamura, 317 F.Supp.2d 1194 (E.D. Cal. 2004) (challenge to CA's milk marketing plan)
In re Washington State Apple Advertising Com'n, 257 F.Supp.2d 1290 (E.D. Wash. 2003) (constitutional challenge to the collection of fee for advertising)
In re Washington State Apple Advertising Com'n, 257 F.Supp.2d 1274 (E.D. Wash. 2003) (claim that generic advertising is compelled speech)
Delano Farms Co. v. California Table Grape Com'n., 318 F.3d 895 (9th Cir. 2003) (challenging mandatory advertising as compelled speech)
United Dairymen of Arizona v. Veneman, 279 F.3d 1160 (9th Cir. 2002) (challenging producer-handler exemption in the Agricultural Marketing Agreement Act)
TENTH CIRCUIT
U.S. v. Country Classic Dairies, Inc., 2007 WL 677138 (D. Utah 2007) (failure to pay in the producer-settlement fund)
D.C. CIRCUIT
Ark. Dairy Coop., Inc. v. U.S. Dep't of Agric., --- F.Supp.2d ---, 2008 WL 4277952 (D. D.C. 2008) (denial of injunction to prevent implementation of milk marketing order)
Hettinga v. U.S., 518 F.Supp.2d 58 (D. D.C. 2007) (challenge against the Milk Regulatory Equity Act)
Edaleen Dairy, LLC v. Johanns, 467 F.3d 778 (D.C. Cir. 2006) (requiring large producers to pay into the producer settlement fund)
Select Milk Producers, Inc. v. Johanns, 400 F.3d 939 (D.C. Cir. 2005) (action enjoining the separate pricing of Class III buttermilk retroactively)
Avocados Plus Inc. v. Veneman, 370 F.3d 1243 (D.C. Cir. 2004) (suit challenging provisions of the Hass Avocado Promotion, Research, and Information Act as compelled speech)
Northwest Indep. Producers Ass'n v. Veneman, 312 F.Supp.2d 23 (D. D.C. 2004) (challenge to altering the mechanism by which milk prices were being set)
Hershey Foods Corp. v. Dep't of Agric., 293 F.3d 520 (D.C. Cir. 2002) (challenge to the pricing classifications on milk)
CALIFORNIA
Gallo Cattle Co. v. Kawamura, 159 Cal.App.4th 948, 72 Cal.Rptr.3d 1 (Cal. Ct. App. 2008) (producers forced to pay for advertising)
People for the Ethical Treatment of Animals, Inc. v. California Milk Producers Advisory Bd., 22 Cal. Rptr. 3d 900 (Cal. Ct. App. 2005) (challenge to ad campaign)
Gerawan Farming, Inc. v. Kawamura, 90 P.3d 1179 (Cal. 2004) (case alleging that plum marketing orders requirement on funding generic advertising is unconstitutional)
NEW JERSEY
In re September 28, 2006 Order of Dir. of Div. of Marketing and Dev., 2006 WL 3783503 (N.J. Super. Ct. 2006) (appeal from an order fixing milk prices)