KISSAN BERRY FARM v. WHATCOM FARMERS COOP

No. 82774-0-I (consolidated with No. 82775-8-I, No. 82776-6-I, No. 82777-4-I, and No. 82778-2-I).

516 P.3d 821 (2022)

KISSAN BERRY FARM, a general partnership, Appellant, v. WHATCOM FARMERS COOP, a/k/a WFC, a/k/a Whatcom Farmers Co-op, a Washington corporation; CHS Inc., a foreign corporation; and Syngenta Crop Protection, LLC, a foreign limited partnership, a/k/a Syngenta US, a/k/a Syngenta, Respondents. G&B Farm, a partnership, and G&B Growers, LLC, a limited liability company, Appellants, v. Whatcom Farmers Coop, a/k/a WFC, a/k/a Whatcom Farmers Co-op, a Washington corporation; CHS Inc., a foreign corporation; and Syngenta Crop Protection, LLC, a foreign limited partnership, a/k/a Syngenta US, a/k/a Syngenta, Respondents. JS Berry Farm, LLC, a limited liability company, Appellant, v. Whatcom Farmers Coop, a/k/a WFC, a/k/a Whatcom Farmers Co-op, a Washington corporation; CHS Inc., a foreign corporation; and Syngenta Crop Protection, LLC., a foreign limited partnership, a/k/a Syngenta US, a/k/a Syngenta, Respondents. Ken Sidhu Farms, LLC, a limited liability company Appellant, v. Whatcom Farmers Coop, a/k/a WFC, a/k/a Whatcom Farmers Co-op, a Washington corporation; CHS Inc., a foreign corporation; and Syngenta Crop Protection, LLC, a foreign limited partnership, a/k/a Syngenta US, a/k/a Syngenta, Respondents. Maluka Farm, a general partnership, Appellant, v. Whatcom Farmers Coop, a/k/a WFC, a/k/a Whatcom Farmers Co-op, a Washington corporation; CHS Inc., a foreign corporation; and Syngenta Crop Protection, LLC, a foreign limited partnership, a/k/a Syngenta US, a/k/a Syngenta, Respondents.

Court of Appeals of Washington, Division 1.

Filed September 6, 2022.


Attorney(s) appearing for the Case

Jeffrey Alan Thigpen , Attorney at Law, 119 N Commercial St. Ste. 430, Bellingham, WA, 98225-4476, for Appellants.

Ryan Wayne Vollans , Williams Kastner, 601 Union St. Ste. 4100, Seattle, WA, 98101-1368, Sarah N. Turner , Gordon & Rees LLP, 701 5th Ave. Ste. 2100, Seattle, WA, 98104-7084, Don Willenburg , Gordon Rees Scully Mansukhani, LLP, 1111 Broadway, Suite 1700, Oakland, CA, 94607, for the Respondents.


PUBLISHED OPINION

¶1 Five farms sued Syngenta Crop Protection LLC, manufacturer of the herbicide Callisto, and Whatcom Farmers Coop and its successor entity, CHS Inc., Callisto's distributors, for damages allegedly caused to their raspberry crops. The trial court dismissed, finding the Federal Insecticide, Fungicide...

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