Attacks Keep Coming for NC Hog Farmers

The attacks keep coming…

There’s a popular movie from the 1990’s where Bill Murray plays a weatherman who is forced to relive the same day over and over and over again.

If you’re a North Carolina hog farmer, it must feel like Groundhog Day every time you see a story from freelance reporter Barry Yeoman. It’s yet another attack on our farmers, fueled by activists and trial lawyers who want to put us out of business.

This latest attack appeared recently in Indy Week, an alternative weekly newspaper in the Triangle. It purports to tell the story of a Wilson County man who has experienced “20 years of hell” because he lives near a hog farm. (His home is more than a half mile away from the nearest farm.)

It’s no surprise to learn that the story focuses on one of the plaintiffs in the ongoing series of nuisance lawsuits. And like the other plaintiffs in these lawsuits, this particular individual isn’t seeking any changes to the farm’s operations. These plaintiffs and the trial lawyers who represent them only want money.

And like most of the other plaintiffs, there’s no record of neighbor complaints about the farm’s operations — until the trial lawyers showed up with promises of lucrative payouts.

You see, this case isn’t really about 20 years of hell. It’s about the unfettered greed of trial lawyers who have set their sights on North Carolina farmers and the corporations who are vital to the success of our pork industry.

These nuisance lawsuits have been another Groundhog Day experience for our farmers. The U.S. Court of Appeals for the Fourth Circuit will finally hear oral arguments involving Murphy-Brown’s appeal of the nuisance lawsuit verdicts on Friday, January 31. This is the opportunity we’ve been waiting for — the opportunity to point out serious errors by the judge that unduly influenced the outcome of the trials. We’ll share updates from the Fourth Circuit after the hearing.

Preview of Fourth Circuit Court of Appeals

A Preview of the Upcoming Appeal of Nuisance Lawsuits

 It’s been nearly two years since a Wake County jury delivered its first verdict in the nuisance lawsuits against Murphy-Brown. That verdict, a $50 million judgement, will be the subject of an appeal heard by the U.S. Court of Appeals for the Fourth Circuit in Richmond on Friday, January 31.

 We’ve been waiting for this day.

 North Carolina hog farmers — along with their family, friends and neighbors who depend on a strong pork industry — want the opportunity to correct a series of mistakes made by the 88-year-old trial judge.

 The appeals court will finally hear oral arguments from Murphy-Brown. In its written appeal, the company identified seven critical mistakes that influenced the outcome of the cases.

 “These errors took a costly toll,” Murphy-Brown argues. “Deprived of the opportunity to resolve factual disputes, improperly exposed to prejudicial evidence, misled by one-sided expert testimony, and misinformed about the law, the jury awarded ten plaintiffs more than $50 million — all for the alleged annoyance and discomfort of living near a farm that opened nearly 25 years ago,” the court filing says.

 Murphy-Brown is asking the appeals court to consider the following options: reverse the punitive damages award, dismiss the case, or order a new trial under different circumstances (excluding improper evidence and testimony, etc.).

 Who will hear the arguments?

Arguments will be heard by a panel of three judges from the U.S. Court of Appeals. The identity of the panel will remain confidential until the day of the arguments.

 How long will it last?

Each side will have 20 minutes to present their case, beginning with Murphy-Brown. The court will post a recording of the oral arguments on Monday, February 3. 

 When will the court issue a ruling?

No time soon. The court typically issues a ruling within three to six months. The remaining nuisance lawsuits, including future planned trials, will remain on hold until the appeals court issues its ruling.

 Previous rulings by the Court of Appeals

This won’t be the first time the U.S. Court of Appeals for the Fourth Circuit has considered issues related to these nuisance lawsuits. In 2018, it was asked to overturn a gag order imposed by Judge Earl Britt during the second trial that prevented Murphy-Brown and others from commenting on the lawsuits.

 In that case, the appeals court strongly condemned the judge’s actions in overturning his decision.

 “The mischief of the trial court’s action should be apparent,” the court stated. “The gag order has already inflicted serious harm on parties, advocates, and potential witnesses alike. It has muted political engagement on a contested issue of great public and private consequence. It has hamstrung the exercise of First Amendment rights. Even in short doses, these harms are hostile to the First Amendment.”

 While that outcome was favorable to hog farmers, each appeal has its own unique set of legal issues that must be considered. We do not know which judges will hear this appeal or how the court may rule.

 Want to attend?

Oral arguments will be heard by the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia on Friday, January 31. Proceeding will begin at 8:30 am in Room 412. The Court of Appeals is located in the Lewis F. Powell Jr. Courthouse at 1100 East Main Street.  

2019 Year in Review

Before we step into a new decade, let’s take a quick look back at 2019 and everything that happened here at NC Farm Families and in our communities. We are so thankful that you have been with us — through the good and the bad — every step along the way. We could not do what we do without your support. Whenever you like or share a post, or speak up in support of our farmers, it makes a difference in our efforts to protect our farm families. From the bottom of our hearts, thank you for believing in us and supporting our work.

A Successful Farm Tour with NC Legislators

One of our goals at NC Farm Families is to educate the public and tell the stories of our farmers. We hosted a farm tour in July that allowed us to do both with more than two dozen legislators from both sides of the aisle. It was a great opportunity for our lawmakers to get a first-hand look at farms and meet real farmers.

The tour began at a feed mill in Warsaw, then moved on to turkey farms, hog farms, and a renewable energy project that is now turning hog waste into natural gas. Along the way, the legislators engaged in real conversations with our family farmers. They peeked inside barns, stood next to lagoons, and saw for themselves what it is like to live and work on a North Carolina farm. We are so grateful to each and every one of the legislators who took time out of their busy schedule to join us, and a special thank you to Rep. Jimmy Dixon for helping organize the tour and to the individual farmers who graciously opened their farms to visitors.
We believe there is no better way to showcase the importance of North Carolina’s family farms than to let people see them for themselves. We hope to host more farm tours in 2020.

Nuisance Lawsuits

The nuisance lawsuits that threaten NC hog farmers continued in 2019. A fifth trial was held in Raleigh, and a jury again sided against Murphy-Brown and our farmers in March. In the five trials held so far, juries have awarded plaintiffs a total of $550 million in damages.

As we look to next year, future nuisance trials remain on hold until Murphy-Brown’s appeal is heard by the U.S. Court of Appeals. Arguments in the case are scheduled for January 28-31, 2020 as the appeals court considers requests to dismiss the case, reverse the punitive damages award, and/or order a new trial. Rulings are typically issued 3-6 months after oral arguments are heard.

Shining A Light on Our Farmers

The best way to learn about our industry is to meet the family farmers across North Carolina. We continued to introduce you to new farms and new families through our “Faces of Farm Families” series. These features always receive a wonderful response and we look forward to continuing these features in the new year. If you know of a family that should be featured, let us know!

General Permit

As the NC Department of Environmental Quality (DEQ) considered changes to the general permit for swine and other livestock operations, NC Farm Families helped make sure our farmers’ voices   were heard at public hearings and through public comments. Thanks to your efforts, we submitted more than 3,000 letters to DEQ expressing our concerns with proposed revisions to the permit.  The new permit, which took effect on October 1, is currently being appealed by the NC Farm Bureau and others.    

A New Website For NC Farm Families

To strengthen our online presence and make our website easier to navigate, we launched an updated website in August to serve as the new face of NC Farm Families.  If you haven’t checked it out, visit www.ncfarmfamilies.com.

Looking to the Future

The upcoming year is certain to bring new challenges to our industry. The uncertainty around the nuisance lawsuits continues to hang over our head and new threats continue to emerge — including legal challenges aimed at North Carolina’s Right to Farm laws. We will continue to keep you informed about these important issues and will not hesitate to ask for your help when needed. We will need your continued help to protect our farmers and our rights.

The strength and resilience of our farm communities is so impressive.  We will continue to showcase our farmers and our positive impact on our communities through farm tours, online features and more. The North Carolina pork industry supports more than 50,000 jobs and contributes over $13 billion for the North Carolina economy — and attacks on farmers impact our families, our communities, and our economy.  Standing together to protect our farm families protects us all.

Thank you for your unwavering support and bold passion for our family farmers.

Happy New Year!