The POWER 30: John Mandler

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He’s been handling such cases since starting at the Faegre law firm, now Faegre Drinker, more than 32 years ago.

Mandler is co-leader of Faegre Drinker’s toxic torts practice and co-leader of the firm’s food and agribusiness industry group. He represents crop protection chemical and seed company clients in litigation, and advises them on federal and state law and regulatory issues including issues under the Federal Fungicide, Insecticide and Rodenticide Act and the Federal Seed Act.

He serves as lead trial counsel in major multidistrict litigation cases involving large classes of plaintiffs and as national litigation counsel for a number of Fortune 500 companies. His MDL practice takes him all over the country.

On one such case, he is national counsel for BASF Corp. on putative national class actions and multi-party actions involving BASF’s dicamba herbicide, currently with 42 class actions and individual matters consolidated in the Eastern District of Missouri.

According to court documents, plaintiffs claim the defendants conspired in wrongful conduct. It is alleged that before the new formulations of dicamba herbicide came to market, Monsanto was able to sell its dicamba-resistant seeds, and BASF was able to boost sales of its older dicamba herbicides.

After the new formulations of dicamba herbicide came to market, their increased use would lead to increased sales of both dicamba-resistant seeds and the new formulations of dicamba herbicide. Plaintiffs brought claims under the Sherman Act and Lanham Act and also assert various state-based causes of action.

Another ongoing MDL is In Re Seresto Flea and Tick Collar, which alleges that the collars can harm or kill pets as well as harm humans. It is venued in the Northern District of Illinois.

Agribusiness is big in the Midwest, Mandler observed. He should know, having financed his legal education by working for farmers and growing up with a father who worked at Hormel. The chain from producers to processors to retailers is a big part of the economy, and additionally, many of the people who work at companies such as BASF and Cargill are “from farm backgrounds and are great people,” he said. “They are very dedicated to feeding the world.”

The very complexity of the cases is what he likes about them, Mandler said, although they are obviously very worrisome to the clients. “Any company is concerned about managing litigation as is appropriate for the business,” he said.

His clients are also concerned that class actions follow the requirements of Rule 23, FRCP, such as predominance or commonality, and are not used simply to pressure companies into settlements. The 8th Circuit is in the middle on the issue of predominance throughout the whole case or for just one issue, he said.

Mandler is also involved as pro bono counsel for a class action in New Mexico on behalf of the ACLU seeking to reduce the number of people incarcerated during the Covid pandemic. It is now pending at the New Mexico Supreme Court.