Published Date: April 19, 2023
P&A’s New York lawyers secured a favorable judgment in the United States District Court for the Northern District of New York. The case involved claims by a New York hemp seed broker alleging that our client, a Colorado hemp grower, sold it defective hemp seeds. The broker, who resold the hemp seeds for a profit to third-party farmers, sought to recover more than $17 million in damages allegedly sustained by the other farmers, including lost opportunity to generate high CBD biomass and bulk wholesale CBD oil. P&A moved for summary judgment seeking to dismiss the broker’s claims on grounds that the broker suffered no damages and had no standing to recover damages allegedly sustained by the third-party farmers. Senior United States District Judge, Frederick J. Scullin, Jr., dismissed the claims against our client in their entirety, finding that the broker was not the real party in interest to the suit because it suffered no concrete or particularized injury-in-fact and lacked standing to bring the action on behalf of the third-party farmers.