Genetically Modified Rice Litigation

Analysis Group was retained by Barlit Beck on behalf of Bayer CropScience and its affiliates, defendants in a multidistrict litigation brought by a group of rice manufacturers and distributors. The plaintiffs claimed Bayer’s genetically modified rice – Liberty Link Rice 601 – contaminated the US long-grain rice supply.

An Analysis Group team led by Managing Principal Ted Davis and affiliate George Kosicki supported academic affiliates Professor Walter Thurman and Professor Barry Goodwin, who rebutted the plaintiffs’ damages expert on the relevance of futures price movements to the prices received by rice producers. In particular, Professor Thurman found that the opposing expert’s damages calculation did not provide a reliable basis for determining price changes in US rice, was inconsistent with observed futures price changes, and did not advance any methodology that would properly account for either variation in individual producers’ marketing or sales of rice. The judge denied class certification. Subsequently, individual rice producers and cooperatives brought separate suits against Bayer, and Professor Thurman and Professor Goodwin testified at several of the resulting trials in Arkansas.