In the first Smithfield nuisance trial no one ever mentioned one fact: How, four years ago, the lawyers leading the lawsuits against Smithfield Foods filed a copy of their contracts with their clients in a state court and how those contracts showed the lawyers would be paid 40% of the verdict, plus their expenses.So, if the original verdict of over $50 million hadn’t been reduced by the judge, the plaintiffs’ lawyers would have received over $20 million.Why does that fact matter?During the first trial whenever someone, a witness, testified odor from the Kinlaw Farm was not a life-destroying nuisance to him, the plaintiffs’ lawyer would indicate his ten clients and ask, Who knows best whether odor was a nuisance to them – you or them?And every witness answered, I can only speak for myself. Not one witness answered: Your clients lived beside the Kinlaw farm for 14 years and didn’t complain once – until a lawyer knocked on their door and said, ‘We’ll sue the hog farmer. You sign here and join us. And if we win, you could make money.’ So I have to wonder whether these complaints are about making money?The jurors never heard about those lawyers signing up clients. Maybe it wouldn’t have mattered. Maybe the jurors would still have seen the plaintiffs as victims. But shouldn’t the jury have heard both sides?Note: the original lawyers that knocked on the doors were replaced with out-of-state lawyers.
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Lawsuits against Smithfield Foods are a dangerous threat to all North Carolina farmers
Letter from Dean Hilton, HD3 Farms of the Carolinas
Many people believe that a series of nuisance trials under way in the federal court in Raleigh affect only the named defendant, a division of Smithfield Foods.They’re wrong.All of agriculture is on trial – and the outcome of these lawsuits affects all of us across the state, especially in rural North Carolina.These lawsuits affect every farm family who raises pigs, chicken, cattle or crops. They affect every employee who makes their living on a farm. They affect every local business that sells farm equipment, supplies, and fuel to the farmers in their community.And, they affect our banks, our groceries, our restaurants, and our car dealerships. They affect our schools and museums, our arts programs and recreational programs – all of which depend on the deep tax base agriculture provides our communities.Yes, these lawsuits are an attack on North Carolina agriculture and our rural communities.Let’s not forget how I understand these lawsuits started – with out-of-state lawyers going door-to-door, promising big paydays to neighbors who were willing to sue the hog farm down the street.Those first lawyers eventually were thrown off the case for what the court called “credible undisputed evidence of professional violations,” but the lawsuits moved forward anyway with new lawyers in the lead, also from out of state.In the beginning, the lawsuits weren’t just against Smithfield. They were against family farmers, too. Airplanes and drones were flown over our farms, hoping to capture an incriminating photo or video that could be used against us in court. Those harassing tactics continue to this day, with drones flying and “spy” cameras posted near many farms.Because it’s apparent that the lawyers saw Smithfield with the deepest pockets, individual farmers were eventually dropped from the lawsuits. Those out of state lawyers want to tell a tale to the jury: “We didn’t sue the nice farmer down the street, just the big, bad corporation that owns the hogs.”But we are all on trial.Indeed, from the start, these cases have been about one thing. Money.Need proof? The plaintiffs are not suing for any changes to be made to any farm. They just seek money.As farmers, we care deeply about the land we farm, the animals we raise, and the communities where we live. We strive every day to be good neighbors and good citizens.At HD3 Farms of the Carolinas, we raise pigs, chicken and cattle on multiple farms in eastern North Carolina. We always try to follow the state’s regulations (and there are lots of regulations!) And even when there’s not a regulation, we try to do things the right way. I’m proud to say that I’ve never heard a complaint from one of our neighbors.In my experience as a contract grower, Smithfield Foods tries to do things the right way, too. The company has partnered with environmental organizations, committed to reduce greenhouse gas emissions, and invested in new technologies to capture methane gas that can be converted into renewable energy.Smithfield has invested a lot of money into these projects, and into our farming communities in rural North Carolina. We should be thanking them – not suing them – for their impact on North Carolina agriculture and job creation for North Carolina.North Carolina is a national leader in agriculture. Our farmers feed tens of millions of people across the country and around the world each year. We are doing it more efficiently than ever before, using fewer natural resources while producing more food.With the world population expected to reach nearly 10 billion people by 2050, a robust agricultural industry has never been more important. As one of my favorite sayings goes, “Despite all of our accomplishments, we owe our existence to a six-inch layer of topsoil and the fact that it rains.”We cannot afford to let these nuisance lawsuits derail everything that North Carolina farmers have built. I stand in support of Smithfield Foods, and our farm families across the great state of North Carolina.
A Stake in the Verdict
This week a lot of farmers are keeping their fingers crossed as the second nuisance trial against Smithfield Foods starts in Raleigh. They’re wondering, What could a second defeat mean for hog farming? And for eastern North Carolina?The answer is: A lot.Agriculture is a foundation of North Carolina’s economy, and hog and poultry farming are the backbone of North Carolina agriculture. Hog farming alone creates over 40,000 jobs. And that’s only part of the story: As a lady, who raises hogs on her farm, explained she buys parts and equipment at local stores, insurance from a local agency, supplies at a local hardware store, oil and gas at local service stations and cars or trucks from local automobile dealers. She also pays property taxes which, in turn, pay for schools. Her point was simple: It’s not just farmers who could be hurt by these lawsuits. It’s people in small towns across eastern North Carolina.In the first nuisance trial it was easy for the plaintiffs’ lawyer to stand up and say ‘Super Soils’ would solve all his clients’ problems – he talked about if Super Soils as if they were a magic wand. It was also easy for him to say, Smithfield makes a billion dollars a year, and if it’d just spend $500 million to put Super Soils on all its hog farms these problems would go away.But Super Soils isn’t a magic wand. And what happens to our economy if the cost of raising hogs in North Carolina goes up $500 million? Who gets hurt? In this trial a lot of people, and not just farmers, have a stake in the verdict.