Case Law Index
Marketing Orders
January 1, 2002 - March 1, 2011
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.
The "Text" link goes to the freely available Google Scholar text of the opinion; the "Summary" link goes to a summary of the opinion written by the National Agricultural Law Center staff.
SUPREME COURT
Hillside Dairy Inc. v. Lyons, 539 U.S. 59 (2003) (out of state producers sued CA for their pricing and milk pooling regulations) Text
SECOND CIRCUIT
Boehner v. Heise, 410 F.Supp.2d 228 (S.D.N.Y. 2006) (suit against board controlling a ginseng marketing order) Text
Organic Cow, LLC v. Center For New England Dairy Compact Research, 335 F.3d 66 (2d Cir. 2003) (organic producers trying to get an exemption from paying into the over-order price mechanism) Text
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) Text
THIRD CIRCUIT
Cloverland-Green Spring Dairies, Inc. v. Pa. Milk Marketing Bd., 462 F.3d 249 (3d Cir. 2006) (challenging Pennsylvania's enforcement of minimum wholesale and retail milk prices) Text | Summary
Kreider Dairy Farms, Inc. v. Veneman, 142 F.App'x 581 (3d Cir. 2005) (farmer was required to pay into the producer settlement fund as a handler)
Cloverland-Green Spring Dairies, Inc. v. Pa. Milk Mktg. Bd., No. 1:CV-99-487, 2005 WL 6363889 (M.D. Pa. Mar. 30, 2005) (constitutionality of state milk marketing law)
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) Text
Cloverland-Green Spring Dairies, Inc. v. Pa. Milk Marketing Bd., 298 F.3d 201 (3d Cir. 2002) remanded (challenging Pennsylvania's enforcement of minimum wholesale and retail milk prices) Text
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) Text | Summary
SIXTH CIRCUIT
In re Southeastern Milk Antitrust Litigation, No. 2:08-MD-1000, 2010 WL 3083806 (E.D. Tenn. Aug. 4, 2010) (Sherman Act antitrust action against milk coop)
In re Se. Milk Antitrust Litig., MDL No. 1899, No. 2:08-MD-1000, 2009 WL 3747130 (E.D. Tenn. Nov. 3, 2009) (violations of antitrust law; breach of protective order)
In re Se. Milk Antitrust Litig., 2008 WL 2368212 (E.D. Tenn. 2008) (antitrust suit against a milk marketing agency)
In re Se. Milk Antitrust Litig., 2008 WL 2117159 (E.D. Tenn. 2008) (antitrust suit against a milk marketing agency)
United States ex rel. Fellhoelter v. Valley Milk Products, L.L.C., 617 F.Supp.2d 723 (E.D. Tenn. 2008) (alleged fraudulent milk payment schemes) Text
Bridgewater Dairy, LLC v. U.S. Dep't 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) Text
SEVENTH CIRCUIT
White Eagle Coop Ass'n v. Conner, 553 F.3d 467 (7th Cir. 2009) (challenging federal milk marketing order) Text
Lamers Dairy, Inc. v. U.S. Dep't of Agric., 379 F.3d 466 (7th Cir. 2004) (opting out of milk marketing orders) Text | Summary
Alto Dairy v. Veneman, 336 F.3d 560 (7th Cir. 2003) (challenge to milk marketing order) Text | Summary
White Eagle Coop Ass'n v. Johanns, 508 F.Supp.2d 664 (N.D. Ind. 2007) (challenge to milk marketing order) Text
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 Coop. Ass'n v. Johanns, 396 F.Supp.2d 954 (N.D. Ind. 2005) (regulating milk prices on emergency basis instead of administrative process) Text
EIGHTH CIRCUIT
In re Aurora Diary Corp. Organic Milk Marketing and Sales Practices Litigation, 621 F.3d 781 (8th Cir. 2010) (federal preemption of state consumer protection law) Text
NINTH CIRCUIT
Carlin v. Dairy Am., Inc., --- F.Supp.2d ---, 2010 WL 529436 (E.D. Cal. 2010) (misreporting of the raw milk price)
Amalgamated Sugar Co. v. Vilsack, 563 F.3d 822 (9th Cir. 2009) (challenging transfer of marketing allocation) Text
Amalgamated Sugar Co. v. Vilsack, 555 F.3d 816 (9th Cir. 2009) (challenging transfer of marketing allocation) Text
Delano Farms Co. v. Cal. Table Grape Comm'n, 546 F.Supp.2d 859 (E.D. Cal. 2008) (growers forced to pay for advertising) Text | Summary
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)
United States v. Horne, 2007 WL 2238207 (E.D. Cal. 2007) (violation of marketing order)
Paramount Land Co. LP v. Cal. Pistachio Comm'n, 491 F.3d 1003 (9th Cir. 2007) (challenge to mandatory advertising and promotion expenses) Text
Am. 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 Agric., 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) Text
In re Wa. State Apple Adver. Comm'n, 257 F.Supp.2d 1290 (E.D. Wash. 2003) (constitutional challenge to the collection of fee for advertising) Text
In re Wa. State Apple Adver. Comm'n, 257 F.Supp.2d 1274 (E.D. Wash. 2003) (claim that generic advertising is compelled speech) Text
Delano Farms Co. v. Cal. Table Grape Comm'n., 318 F.3d 895 (9th Cir. 2003) (challenging mandatory advertising as compelled speech) Text
United Dairymen of Ariz. v. Veneman, 279 F.3d 1160 (9th Cir. 2002) (challenging producer-handler exemption in the Agricultural Marketing Agreement Act) Text
TENTH CIRCUIT
United States v. Country Classic Dairies, Inc., 2007 WL 677138 (D. Utah 2007) (failure to pay in the producer-settlement fund)
D.C. CIRCUIT
Hettinga v. United States, No. 06-1637, 2011 WL 913252 (D.D.C. March 15, 2011) (constitutional challenge to Milk Regulatory Equity Act)
Koretoff v. Vilsack, 614 F.3d 532 (D.C. Cir. 2010) (Agriculture Marketing Agreement Act did not preclude almond producers from obtaining judicial review of USDA almond pasteurization rule) Text
Ark. Dairy Coop. Ass'n, Inc. v. U.S. Dep't of Agric., 573 F.3d 815 (D.C. Cir. 2009) (challenging milk marketing order) Text
Koretoff v. Vilsack, 601 F.Supp.2d 238 (D.D.C. 2009) (no right for judicial review by growers) Text
Ark. Dairy Coop., Inc. v. U.S. Dep't of Agric., 576 F.Supp.2d 147 (D.D.C. 2008) (denial of injunction to prevent implementation of milk marketing order) Text | Summary
Hettinga v. United States, 518 F.Supp.2d 58 (D.D.C. 2007) (challenge against the Milk Regulatory Equity Act) Text
Edaleen Dairy, LLC v. Johanns, 467 F.3d 778 (D.C. Cir. 2006) (requiring large producers to pay into the producer settlement fund) Text
Select Milk Producers, Inc. v. Johanns, 400 F.3d 939 (D.C. Cir. 2005) (action enjoining the separate pricing of Class III buttermilk retroactively) Text
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) Text
Nw. 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) Text
Hershey Foods Corp. v. U.S. Dep't of Agric., 293 F.3d 520 (D.C. Cir. 2002) (challenge to the pricing classifications on milk) Text
FEDERAL CIRCUIT
Evans v. United States, 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) Text | Summary
Evans v. United States, 74 Fed. Cl. 554 (Fed. Cl. 2006) (takings under a federal marketing order)
Lion Raisins, Inc. v. United States, 58 Fed. Cl. 391 (Fed. Cl. 2003) (claim of taking because marketing order used collected funds to subsidize exports) Text
Lion Raisins, Inc. v. United States, 57 Fed. Cl. 435 (Fed. Cl. 2003) (taking of storage bins through the powers given by a marketing order) Text
Lion Raisins, Inc. v. United States, 54 Fed. Cl. 427 (Fed. Cl. 2002) (claim that raisins were not inspected as required by marketing order)
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) Text
People for the Ethical Treatment of Animals, Inc. v. Cal. Milk Producers Advisory Bd., 22 Cal. Rptr. 3d 900 (Cal. Ct. App. 2005) (challenge to ad campaign) Text | Summary
Gerawan Farming, Inc. v. Kawamura, 90 P.3d 1179 (Cal. 2004) (case alleging that plum marketing orders requirement on funding generic advertising is unconstitutional) Text
NEW JERSEY
In re September 28, 2006 Order of Dir. of Div. of Marketing & Dev., 2006 WL 3783503 (N.J. Super. Ct. 2006) (appeal from an order fixing milk prices)