Nutrien Removes Fertilizer Application Lawsuit to Federal Court

Nutrien Ag Solutions removed a state court lawsuit alleging it and unnamed individuals with the company and other companies it contracted with unevenly applied fertilizers to the Western District of Tennessee on Monday. 

The initial complaint was filed in the State Circuit Court for the Twenty-Fifth Judicial District of Tennessee almost two years ago.  The plaintiffs alleged that it paid Nutrien to apply fertilizer to their cotton farm, but the fertilizer was not spread evenly causing them to lose a significant amount of profit. 

Reportedly, the plaintiffs contracted with Nutrien in June 2018, as they typically did, to apply the fertilizer using industry standards. The complaint claimed that Nutrien, or a company it contracted with, failed to follow industry standards and the plaintiffs “suffered an unusually low yield” as a result.

Additionally, as the plaintiffs are seeking at least $1 million in compensatory damages, the threshold for moving the lawsuit to district court has been met, according to Nutrien. 

In its argument for the removal, the company alleged that there exists a diversity of jurisdiction since the parties are citizens of different states. The plaintiffs, Troy doing business as Troy Hopkins Farms and Glenn Hopkins doing business as Hopkins and Hopkins Farms, are citizens of Tennessee, and Nutrien is organized in Delaware and has its principal location in Colorado. There are also various unnamed individuals listed as defendants whose citizenship is unknown. 

Reportedly, the actions of Nutrien and various individuals led the plaintiffs to suffer economic loss, loss of monetary capital, and loss of profit. With their complaint, the plaintiffs sought damages and a jury trial. 

Nutrien is represented by Lewis Thomason P.C. and Bryan Cave Leighton Paisner LLP. The plaintiffs are represented by Huffman Mason Raynor Stowers.