Lowell Lundstrom Jr. claims he was cheated out of compensation for his role in recruiting farmers to sign onto a lawsuit against an international seed supplier. The issue went to a federal trial in Aberdeen in November 2021, where the jury awarded Lundstrom a small fraction of the amount he sought.
After the trial judge turned down his request for a new trial, Lundstrom appealed to the Eighth Circuit Court of Appeals, which heard arguments in Saint Paul on Thursday, Dec. 15.
More than 10 years ago, thousands of U.S. farmers bought Syngenta’s genetically-modified corn seeds, only to find that China rejected the resulting crops. The price of corn crashed, and farmers across the country sued Syngenta.
Lowell Lundstrom Jr. says he was hired by two law firms, Daniel M. Homolka, P.A., and Watts Guerra LLP, to recruit farmers and grain shippers to sign onto a class action lawsuit to be filed in Minnesota.
Lundstrom’s duties included promoting and attending town hall meetings where potential litigants would sign contingency agreements.
Lundstrom says Daniel Homolka promised him $10,000 a month until litigation was dismissed or settled, as well as $50,000 for a new truck and a $3.4 million bonus if he could sign up plaintiffs whose claims totaled six million acres. However, the agreement was not written into a contract.
The Aberdeen jury awarded Lundstrom a settlement of $175,000.
At oral arguments before the Eighth Circuit, Lundstrom was represented by Mike Bornitz, who told the three-judge panel that Lundstrom copied both law firms with emails laying out the verbal agreement, and so Mikal Watts of Watts Guerra made disingenuous assertions that the firm was not aware of Homolka’s promises.
“He knew that there were these verbal agreements, and he didn’t do anything to look into that further,” Bornitz said.
The attorney representing Watts Guerra is Jason Sutton. He told judges it was up to Daniel Homolka to recruit litigant farmers.
“Before incurring any marketing expenses, Dan Homolka had to submit a budget to Watts Guerra that had to be approved,” he said.
Sutton said Watts Guerra only knew it was paying the budgeted costs.
Both parties have appealed the outcome of the federal court case. Lundstrom has asked for a new trial, and the law firms have asked for summary judgment.
The Eighth Circuit will issue its opinion at a later date.
