Alabama Farmer Drops Deere RTR Lawsuit

LINCOLN, Neb. (DTN) -- One of more than 17 farmers across the country who filed antitrust lawsuits against John Deere has dropped his claims, according to a document filed in federal court.

Farmers are challenging the company's alleged monopoly on the repair service market for its equipment with onboard central computers known as engine control units, or ECU.

Spruce Pine, Alabama, cattle and hay farmer Trinity Dale Wells late last week filed a notice of voluntary dismissal in the U.S. District Court for the District of Northern Illinois on Aug. 23.

His claims, which were among several cases consolidated in the Illinois court, were dismissed without prejudice. This means he retains the right to seek a "recovery" if at a later time the case is resolved.

In his original lawsuit filed on Jan. 19, 2022, in the U.S. District Court for the District of Northern Alabama, attorneys for Wells outlined the repair difficulties he faced.

That lawsuit pointed to an equipment breakdown Wells had in December 2021 when a stop-engine light came on in his Deere tractor and a technician from a Deere dealer later arrived at his farm.

"When the technician arrived, he hooked up an ECU diagnostic machine, pulled the cap off of an emission sensor, dried it out, and put it back on," the lawsuit said.

"He spoke with Wells for approximately 10 minutes about the weather and crops then left. About an hour later, Wells' card was charged $615 for approximately 2.5 minutes of work."

The lawsuit said Wells had "no alternative" other than to rely on the dealer for repairs.

Farmers suing John Deere alleged the company violated the Sherman Act and seek damages for paying for repairs from John Deere dealers.

Currently the next scheduled case status hearing is set for Sept. 9, 2024, according to the court docket.

According to the latest court management order, it is unlikely the cases will go to trial even next year.

Discovery in the case is to end on Oct. 18, 2024. Expert reports are to be submitted by the plaintiffs on class certification, due by Nov. 18, 2024, with John Deere's rebuttal experts on class certification due by Jan. 27, 2025. In addition, the court set several summer 2025 deadlines for numerous potential motions.

Farmers have alleged in multiple lawsuits that equipment manufacturers currently will not allow farmers the hardware or software needed to diagnose a problem, much less repair it, particularly when it comes to emissions issues.

So, dealers must send their teams out to the field to diagnose a problem and likely order parts, then come back out to make the repairs. There may be other complications with repairs.

Farmers suing have alleged John Deere has essentially cornered the repair market, not allowing them or independent repair shops to repair emissions issues on Deere machines.

All the lawsuits allege John Deere has undertaken a consolidation of the number of dealership locations.

In 1996, John Deere had about 3,400 dealerships. By 2007, the number decreased to 2,984, according to the lawsuits. By 2021, just 1,544 dealership locations remained.

Though more states are considering right-to-repair legislation, there is a growing call for Congress to act on a national level.

Agriculture interest groups have been reaching agreements with equipment manufacturers to ensure increased access to necessary diagnostic and other tools for farmers and independent repair shops.

Read more on DTN: "Court Sides With Farmers Against Deere," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

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