Pigford

In 1997 and 1998, two class-action lawsuits entitled Pigford v. Glickman (“Pigford”) and Brewington v. Glickman (“Brewington”), respectively, were filed on behalf of groups of African-American farmers.  Those lawsuits asserted that the U.S. Department of Agriculture (“USDA”) had systematically discriminated against African-American farmers on the basis of race, in violation of the Fifth Amendment to the United States Constitution, the Equal Credit Opportunities Act, Title VI of the Civil Rights Act, and the Administrative Procedures Act.

After the Pigford and Brewington cases were consolidated, they were settled by the parties on April 14, 1999 and became the largest civil rights settlement in history.  The terms of the settlement were outlined in a Consent Decree entered by the Court, which stated that eligible claimants were required to file their claims with the case administrator by October 12, 1999.  The Consent Decree also stated that claimants who could show “extraordinary circumstances” for missing the October 12, 1999 deadline could file at a later date.  September 15, 2000 was set as the “late-filing” deadline.

While approximately 22,700 claimants filed their claims before the October 12, 1999 claims deadline, approximately 61,000 additional individuals filed claims after the October 12, 1999 claims deadline but before the September 15, 2000 “late-filing” cut-off date.  Fewer than 3,000 of the 61,000 “late-filers” were found to have demonstrated the required “extraordinary circumstances” for receiving extra time to file their claims.  As a result, more than 58,000 “late-filers” have not yet had their discrimination claims heard.  In addition, thousands of additional potential claimants filed late-filing petitions after the September 15, 2000 late-filing cut-off, but before June 18, 2008, the date of final enactment of the 2008 Farm Bill.

The 2008 Farm Bill

Recognizing the injustice of foreclosing so many potentially meritorious claims, on June 18, 2008, the United States Congress passed, and the President signed, a law providing claimants with a right to pursue their discrimination claims if they had petitioned to participate in Pigford, but had their claims denied because they were filed late.  This law was passed as Section 14012 of the Farm, Conservation and Energy Act of 2008, also known as the 2008 Farm Bill.

Despite what you may have heard, the Farm Bill did not “re-open” the Pigford case.  Instead, Congress provided a new right to sue, which is subject to the specific conditions and limitations set forth in the 2008 Farm Bill.

Although the 2008 Farm Bill created a cause of action for many thousands of black farmers, the total amount of funding provided in that bill for meritorious claimants was capped at $100 million.

The February 18, 2010 Settlement Agreement

Recognizing that $100 million would almost certainly not be enough to provide meaningful relief to all claimants with meritorious claims, after nearly two years of litigation, on February 18, 2010, attorneys for tens of thousands of farmers and attorneys for USDA entered into a Settlement Agreement premised upon the future appropriation by Congress of an additional $1.15 billion for successful claimants (which would bring total funding for meritorious claimants to $1.25 billion).  A summary of this Settlement Agreement can be found by clicking here.

The Claims Resolution Act

On December 8, 2010, President Obama signed into law the Claims Resolution Act of 2010, which provided an additional $1.15 billion (additional to the $100 million already provided in the 2008 Farm Bill) to fund the February 18, 2010 Settlement Agreement.  The Claims Resolution Act of 2010 also proscribed several new terms for incorporation into the Settlement Agreement.

The Current Status of the Case

Currently, 23 lawsuits have been filed on behalf of more than 35,000 African-American farmers seeking relief under the Farm Bill.  All of these cases have been consolidated into a single case entitled In re Black Farmers Discrimination Litigation, 08-mc-0511 (D.D.C.), which is pending before Judge Paul Friedman in the U.S. District Court for the District of Columbia.

Lawyers for the farmers and lawyers for USDA are working to incorporate the new provisions of the Claims Resolution Act of 2010 into the February 18, 2010 Settlement Agreement, and to prepare a motion for preliminary approval of the Settlement.  The parties expect to file a motion for preliminary approval of the settlement in early 2011.