Maryland Risk Management Education Podcast

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2023.  This is a joint podcast with Ag Law in the Field . The top legal issues discussed in the podcast are: Lashmet, Tiffany.  General WOTUS Coverage . Goeringer, Paul. Supreme Court Upholds Dismissal of Prop 12 Suit . (May 24, 2023). Georinger, Paul, and Elizabeth T...

In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue.  Materials discussed: Concerned Citizens of West Tennessee v. USDA , No. 1:22-cv-01275 (W.D. Tenn. December 12, 2022). Goeringer, Paul, Citizens' Group Brings Action that USDA Violated Federal Law in Gran...

In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue.  Materials discussed: Goeringer, Paul, Court Vacates Jury Award in Dicamba Drift Damage Case (Oct. 25, 2022).

In this episode, Paul discusses a recent decision in a motion to dismiss filed by Perdue Farmers in an action by a former grower claiming the grower is an employee, not an independent contractor.  Materials discussed: Goeringer, Paul,  Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers  (Sept. 13, 2022). Goeringer, Paul, Federal District Court Denies Some Arguments...

In this episode, Paul discusses a decision out of Wisconsin highlighting how appeals can be handled negligent nutrient application decision.  Materials discussed: Goeringer, Paul, Decision Highlights How Jury May Handle Claims of Negligence in Nutrient Applications (Oct. 4, 2022).

In this episode, Paul discusses a recent complaint filed by a former Perdue grower claiming the grower is an employee, not an independent contractor.  Materials discussed: Goeringer, Paul, Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers (Sept. 13, 2022). Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company  (Sept....

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2022.  This is a joint podcast with Ag Law in the Field . The top legal issues discussed in the podcast are: Lashmet, Tiffany. Understanding & Evaluating Carbon Contracts (Jan. 24, 2022). Goeringer, Paul. Sequestering Carbon: What To Think About With Carbon Contracts...

In this episode, Paul discusses a recent Maryland decision that highlights when new structures are allowed on property under conservation easement.  Materials discussed: Goeringer, Paul, Interpreting Conservation Easements and When New Structures are Allowed (June 21, 2022). Roxbury View, LLC v. McCauley , No. 235, Sept. Term, 2021, 2022 WL 1091684 (Md. Ct. Spec. App. Apr. 12, 2022). . Learn more...

n this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property.  Materials discussed: Goeringer, Paul, Recent Wind Farm Decision Highlights Difference in State Processes (May 31, 2022). Dan's Mountain WindForce, LLC v. Shaw , No. 1238, 2022 WL 1115005 (Md. Ct. Spec. App. Apr. 14, 2022). Learn more about the MSBA Legal Lab podca...

In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property.  Materials discussed: Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company  (May 10, 2022). Learn more about the MSBA Legal Lab podcasts by clicking  here .  If you have questions for Paul contact him at  lgoering@...

In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property.  Materials discussed: Goeringer, Paul, When Estate Planning Goes Wrong: Why Might a Receivership Be Required? (Feb. 15, 2022). Seid v. Seid , 967 N.W.2d 253 (Neb. 2021). Learn more about the MSBA Legal Lab podcasts by clicking here .  If you have questions for Pau...

In this episode, Paul discusses the Maryland court decision covering when an easement by necessity can be established.  Materials discussed: Goeringer, Paul, Understanding What an Easement by Necessity Is and When One Is Created (March 29, 2022). Gunfeld Coal Co. v. Carey , No. 50, Sept. Term, 2021, 2022 WL 767215 (Md. Ct. Spec. App. Mar. 14, 2022). Learn more about the MSBA Legal Lab podcasts by...

In this episode, Paul discusses what to consider with carbon contracts and other contracts that would require sequestering greenhouse gases on farms.  Materials discussed: Goeringer, Paul, Sequestering Carbon: What To Think About With Carbon Contracts (Jan. 25, 2022). Lashmet, Tiffany, Understanding & Evaluating Carbon Contracts , Texas A&M University (Jan. 24, 2022). University of Maryland, Growi...

In this episode, Paul discusses the Court of Appeals of North Carolina's decision involving the constitutionality of amendments to North Carolina's Right-to-Farm law. Materials discussed in this episode: Goeringer, Paul. North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law (Jan. 6, 2022). If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ ag...

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2021.  This is a joint podcast with Ag Law in the Field . Top legal issues discussed in the podcast are: Lashmet, Tiffany. Waters of the United States Update (Sept. 21, 2021). Carbon Contracts Video (2021). Lashmet, Tiffany.  Ag Law in the Field: Beth Rumley (Animal C...

In this episode, Paul discusses the Ninth Circuit's decision to vacate EPA's CAFO permit for Idaho. Materials discussed in this episode: Goeringer, Paul. Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring (Sept. 28, 2021). If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ aglawPaul , follow him on  Instagram , or 301-405-3541.

In this episode, Paul discusses the Ninth Circuit's decision upholding the Montana beef checkoff program. Materials discussed in this episode: Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program  (Aug. 17, 2021). R-CALF v. Vilsack , No. 20-35453, 2021 WL 3161201 (9th Cir. 2021) . If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ aglawPaul , follow him...

In this episode, Paul discusses a decision out of Texas involving a nuisance suit with two poultry farms and neighboring landowners. Materials discussed in this episode: Goeringer, Paul. State Court Decision Highlights When Right-to-Farm Laws Might Not Apply (Sept. 15, 2021). Huynh v. Blanchard , No. 12-20-00198-CV, 2021 WL 3265549 (Tex. Ct. App. July 30, 2021). Goeringer and Lynch.  Understanding...

In this episode, Paul is joined by  Jackie Schweichler, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss her role managing Pennsylvania's Agricultural Mediation Program. Materials discussed: Maryland Agricultural Conflict Resolution Service Pennsylvania Agricultural Mediation Program Penn State Center for Agricultural and Shale Law . If you have ques...

In this episode, Paul is joined by Brook Duer, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss his work on legal issues landowners should consider when leasing farmland for solar development. Materials discussed: Penn State Center for Agricultural and Shale Law . Penn State Solar Law Videos (2021) If you have questions for Paul contact him at  lgoer...

In this episode, Paul is joined by  Dr. Bart Fischer , Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss a report his center recently released looking at the proposed changes to the estate tax and capital gains taxes. Materials discussed: Outlaw, J., B. Fischer, H. Bryant, J. Raulston, G....

In this episode, Paul discusses a decision out of Mississippi involving the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul.  City Ordinances, Scare Guns, and Right-to-Farm Laws  (Sept. 16, 2015). Goeringer, Paul.  More on Scare Guns and the Right-to-Farm Law  (April 13, 2021). Goeringer, Paul. Supreme Court of Mississippi Finds Use of Scare Guns F...

In this episode, Paul discusses a recent federal district court decision out of North Carolina that allows trespass and negligence claims against Murphy-Brown and Smithfield to continue. Materials discussed in this episode: Goeringer, Paul. Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown (May 4, 2021). Goeringer and Lynch.  Understanding Agricultural Liability: Mar...

In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul.  City Ordinances, Scare Guns, and Right-to-Farm Laws  (Sept. 16, 2015). Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021). Goeringer and Lynch.  Understanding Agricultural...

In this episode, Paul discusses a recent Circuit Court ruling that required the Maryland Department of the Environment to take into account gaseous emissions of ammonia in the AFO General Discharge permit. Materials discussed in this episode: Goeringer, Paul. Maryland Circuit Court Judge Reverses Final Maryland AFO Permit  (Mar. 23, 2021). If you have questions for Paul contact him at  lgoering@um...