Fourth Hog Nuisance Case was Different than Others--What Changed?

The road dipped, curled and twisted through a hurricane, floods, and four lawsuits against hog farms.

In the first three trials the lawyers suing Smithfield Foods won $545 million (the verdicts were later reduced to comply with North Carolina law). Then, at the end of the fourth trial, the road changed directions. The lawyers asked the court to award between $32 million and $40 million but the jury only awarded a total of $102,400. (Six plaintiffs were awarded a total of $2400, one $25,000 and one $75,000.)

What changed?

Federal Judge Earl Britt had presided over the first three trials but, in the fourth trial, he was replaced by Judge David Faber. It’s not hard to make a case Judge Faber was more even-handed than Judge Britt. For example, in the first three trials Judge Britt instructed juries to decide both ‘Compensatory’ and ‘Punitive’ damages at once – while Judge Faber split the two types of damages apart, allowed the jury to decide compensatory damages first, and then ruled as a matter of law punitive damages were not justified.

Smithfield Foods also had a new lawyer in the fourth trial. In the first three trials the plaintiffs’ lawyer, Michael Kaeske, showed a genius for villainizing Smithfield in the courtroom. In the fourth trial Smithfield’s new lawyer fought back successfully.

And, of course, the biggest difference is the amount of the verdict dropped in the fourth trial.

Why does that matter? The lawyers filed these lawsuits against Smithfield Foods to make money. They receive 40% of each verdict plus their expenses. In a trial that lasted four weeks, will their share of a verdict of $102,400 be enough to make a profit? Probably not.

During the first three trials the road ran from bad to worse to worst for hog farmers, but in the fourth trial the road changed directions. Which is an encouraging sign.

The fifth trial – with Judge Britt presiding again – was scheduled to begin last week. But, then, the road curved again. The trial was postponed due to the government shutdown. When will the trial start? We’ll keep you posted.

This is part 1 of a 6 part series. 

2018--A Challenging Year for Hog Farmers but Not Without Its Rewards

When I say that 2018 was a challenging year, I expect most of my fellow hog farmers will nod and say, Amen. This past year we’ve all wrestled with many challenges – some we saw coming and others no one could have foreseen. There have been many lessons learned and a few rewards along the way.

I began the year with my normal routine of managing our family’s nursery pig farm. By mid-January, my ‘normal’ changed when my father was hospitalized with a blood infection. My new normal became working the pigs in the morning and then driving to Vidant Medical Center in Greenville, NC to be with my dad.

During those drives, I couldn’t help but reflect on my father’s life and how hard he has worked and how much he loved being on the farm. I was grateful that the farm my grandfather started, and my father and uncle continued to build, had provided so many opportunities for me – one of which was living and working on the farm every day. Fortunately, over time, my father overcame the infection and he’s doing well today.

In March, I attended my second National Pork Forum in Kansas City, Missouri. Talking with pork producers from other states opened my eyes to how differently we all do things yet how we all strive for the same goal – to produce safe, nutritious and affordable pork while being good stewards of the environment.

In June, the opportunity to get involved in the industry knocked on my door in an unexpected way, and, as always, it involved getting out of my comfort zone. Becoming the Director of NC Farm Families was an exciting challenge, especially during such a turbulent time with the nuisance lawsuits and a swine waste general permit up for renewal. Thankfully, many talented and hard-working individuals are part of NC Farm Families and they have not only guided me but worked tirelessly to support our farmers. I’m very honored to be a part of this organization and I’ve grown and learned so much in such a brief time.

Finally, I want to say how much I respect farm families across the state of North Carolina. I’ve watched farmers fill the balcony of the General Assembly to support Senate Bill 711 and gather peacefully at the Bicentennial Plaza to support NC farmers. I’ve sat beside some of you in a federal courtroom in Raleigh to witness firsthand how justice sometimes isn’t served, at least not yet. I’ve witnessed Hurricane Florence destroy nearly everything, except for our sense of community, and I’ve been on my knees at the alter with fellow believers to pray for our farmers. I simply can’t express how proud I am to be a part of this.

I hope that you continue to be as engaged in agriculture as you have been this past year. I also challenge you to look for new ways to get out of your comfort zone. In today’s world, we need each and every one of you to tell your agricultural story.

This upcoming year will certainly bring its own set of challenges, but I assure you that NC Farm Families will continue to work diligently to protect farm families.

--Chad Herring

NCFF Director

NC Farm Family Faces: A Way of Life--The Murphy Family

In 1970, John Murphy started a farm in Albertson, NC. Although born on a farm (his family was sharecroppers), he wasn't young when he started his farm, now called Triple M Farms. He was in his 40's. He saw a farm in Duplin County for sale, and decided to make a career change. At the time he was living in Lenoir County, working a service station. He and his family packed up moved to Duplin County to tend the 80 acres he purchased. To make ends meet, he had to work at night while farming during the day.

Fast forward to 2018, and the farm that John Murphy started in 1970 is now 1,500 acres. While John is no longer with us, his sons and their families continue the farm.

Triple M Farms is named after the three Murphy brothers--Morris, Grayling, and Allen. Morris and Grayling work full-time on the farm, while their brother Allen, works as a lawyer in New Bern, but comes back to the farm to work part-time. In addition to the brothers, two of their sons work full-time on the farm along with two additional employees and seasonal workers.

Grayling, Allen, and Morris Murphy (from L to R)

Allen and his wife, Jane

Morris Murphy with wife, Linda. Also pictured is his son Justin with wife Julie and children Adeline and Tate. Morris and Linda's daughter's children are also pictured--Jenna and Cason. Their daughter, Jennifer, works for Smithfield Foods and is married to Monty.

Grayling Murphy with his son Bradley, wife, MaryAnn and children Bentley and Kendall

They all work together to grow cucumbers for Mt. Olive Pickles, cotton, soybeans, hay, sweet potatoes, corn, cows, turkeys for Butterball, pigs for Smithfield, and timber. As the farm (and family) has grown, they have diversified and are up for trying new things. For them, this helps ensure the future of the farm.

The future of the farm is important to the Murphys because of the past and the legacy it that comes with it. Their father had a dream of building a farm for his family. He started it in 1970, and it has continued today. Not only has it continued, but it has grown. It has also remained a family farm. For the Murphys, being a family farmer is more than just working with your family members.

"Watching your kids raise their kids on the farm is special. We teach them more than how to make a living off the land. We teach them how to appreciate the land," said Morris

What a place for kids to grow up too! The Murphy's grandchildren love running around on the farm and helping out. They love to visit the animals and play in the wide-open spaces. There are woods for them to walk through, open fields to run in, flowers to pick, a pond to fish at, and plenty of quality time with family.

Their hope for the future? To be able to pass the farm on to the next generation. While they know that not all their children and grandchildren will want to farm, many do. Of the grandchildren, the Murphys may have a marine biologist, teacher, and several farmers on their hands, but "who knows," says Morris "they are only 4 and 5 years old."

The Murphy family believes that this life is worth passing on, just as their father passed it on. Their passion and love for the farm is so obvious when spending time with the Murphys. They excitedly share stories, passionately point out parts of the farm, and the grandkids blissfully run around, playing on the farm. Almost every evening (weather dependent), you can find the family spending time outdoors, riding their golf cart around the farm with the kids.

Although Triple M Farms, supports multiple families and has many of acres, they don't consider themselves a large farm. They are a small family farm, but according to Morris's calculations, 140,000 families rely on their farm every year. 200,000 pairs of jeans are made from the cotton they grow. That's the kind of impact so many family farms have on our communities.

The Murphy brothers want others to realize what their farm is all about and what it provides. They are passionate about educating people about the farm and the food and products produced. There is a disconnect between urban and rural America.

"They [most of the public] don't understand what it takes to produce the food. There's a huge misunderstanding of what farming is and what farming provides. It [the food] doesn't just magically appear. They [farmers] work really hard day in and day out," said Allen.

The Murphy brothers are committed to not only being good farmers, but to educate others about what they do. If you have the fortune to visit their farm, you will find gracious hosts, laughing children, and beautiful views. For the family, farming is more than a job.

"It's not just a profession. It's not just an occupation. You hear the cliche, it's a way of life, but it really is," said Morris.

At Triple M Farms, the family behind the farm is passionate, works hard, and is eager to share their story. Not only this, but in the words of Grayling, "we are proud of what we do."

This is a family farm. This is a glimpse into their world. These are the faces of farm families in North Carolina. 

Photos by: M. See Creative