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Getting the upper hand in drift lawsuits

Pesticide drift cases can be complicated, hear what two attorneys had to say

John Tull, an attorney with Quattlebaum, Grooms and Tull PLLC, and Jerry Kelly of the Kelly Law Firm, sometimes finds themselves on the opposite sides of lawsuits involving herbicide drift complaints.

 As you might imagine, they don’t always agree on the particulars, including whether one of the major suppliers of herbicides for herbicide-tolerant crops should have anticipated that farmers might use an older chemical on those crops.

They discussed the issue during a joint presentation at the Mid-South Agricultural and Environmental Law Conference at the University of Memphis in Memphis, Tenn., last month. Tull, who has represented the manufacturers, and Kelly, the farmers, showed how complicated pesticide drift cases can be.

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