Domina Law Group represented a family of Nebraska farmers in a lawsuit against their herbicide vendor. They claimed that, while the herbicide worked, an inappropriate amount was applied. The result was significant crop loss on 14 out of their 20 total fields- about 2,000 acres. In these types of cases, the plaintiffs are required to prove that crop loss actually occurred, and that the loss was in direct conjunction with the defendant's actions (or inaction). When the Nebraska Supreme Court ruled in favor of the Nebraska farmers, this was a significant victory and now serves as a prominent example of the economic loss doctrine. This case compelled the Supreme Court to further evaluate this doctrine and its place in Nebraska law. Lesiak v. CVA is a case that will likely shape cases like this to come.
Read the decision here.
Understanding the significance fo the Lesiak Ruling by David Domina.