Frequently Asked Questions

Q. Who is eligible to be a Class Member?

A. All persons and entities who operated farms in the United States from which corn grown for grain that was not grown from StarLinkTM corn seed ("Non-StarLink Corn") was harvested since 1998 ("Non-StarLink Farmers"), including each of his, her, its, and their representatives, assigns and any other persons or entities with a contractual, sharing, ownership, or other legal interest in a Non-StarLink Farmer's corn harvest, subject to certain exclusions that are described at page 3 of the NOTICE OF PENDENCY OF CLASS ACTION, SETTLEMENT CLASS CERTIFICATION, PROPOSED SETTLEMENT AND FAIRNESS HEARING.

Therefore, if you grew corn for grain, and did not grow that corn exclusively from Starlink corn seed, you may be eligible to obtain a recovery.

Q. Has the settlement been approved?

A. Yes. On April 7, 2003, at the previously scheduled and noticed fairness hearing the United States District Court for the Northern District of Illinois (the "District Court"): (a) approved the settlement, in all respects, based upon the terms set forth in the Stipulation of Settlement dated January 29, 2003 (the "Stipulation"), as fair, reasonable, and adequate; (b) approved the proposed plan of allocation of the proceeds of the proposed settlement as fair and equitable; (c) granted the application of plaintiffs' counsel for an award of attorneys' fees and reimbursement of expenses; and (d) granted the application of certain plaintiffs for special awards. The period to appeal the District Court's approval of the settlement has now passed. Therefore, the Effective Date of the settlement (as defined in the Stipulation) has occurred.

Q. Who are the class representatives for the Settlement Class?

A. The Court appointed Marvin Kramer, Mitchell Corbin, Claude Corbin, Corbin Farms LLC, Clint Killin, Charles Dupraz, William Furlong, Marvin Luiken, Keith Mudd, Edward Olsen, Gerold Grieger, Verlon Ponto, Jon Untiedt, David Christoffer, Mica Schnoebelen, Joseph Wirts, Ardene Wirts, Gordon Stine, Don Sutter, and Bartt McCormack d/b/a Buford Station Farms as the class representatives for the Settlement Class.

Q. Who represent Plaintiffs and all members of the Settlement Class?

A. The Court appointed Cohen, Milstein, Hausfeld & Toll, P.L.L.C.; Milberg Weiss Bershad Hynes & Lerach LLP; Seeger Weiss LLP; and Wolf Haldenstein Adler Freeman & Herz LLP, as Co-Lead Class Counsel to represent Plaintiffs and all members of the Settlement Class.

Q. What is the Cash Value of the Settlement?

A. The total value of the Settlement was $110,000,000, plus interest. At the time of the Fairness Hearing (April 7, 2003), the Settlement's cash value, with interest, was over $112,200,000. The Court awarded $36,134,241.00 (including accrued interest) in attorneys' fees, and litigation, notice, and administration expenses to Plaintiffs' counsel. Therefore, there is approximately $76,000,000.00, plus accruing interest, available for distribution to claiming Class members.

Q. What may members of the Settlement Class recover for?

A. The proposed settlement provides compensation for two categories of claims: Property Damage (as defined in the Stipulation) and Corn Loss (as defined in the Stipulation):

Both categories of recovery are described more specifically, together with the requirements and procedures for submitting both types of claims, in the Plan of Allocation section, described at page 7 through 8 of the NOTICE OF PENDENCY OF CLASS ACTION, SETTLEMENT CLASS CERTIFICATION, PROPOSED SETTLEMENT AND FAIRNESS HEARING.

Q. What is the Plan of Allocation?

A. The Plan of Allocation describes the way claims will be calculated for payment of the proceeds of the Settlement to claiming Settlement Class members. Please refer to page 7 through 8 of the NOTICE OF PENDENCY OF CLASS ACTION, SETTLEMENT CLASS CERTIFICATION, PROPOSED SETTLEMENT AND FAIRNESS HEARING. Please note that to share in the proceeds of the Settlement, a Settlement Class member must file either or both a Property Damage Proof of Claim form and/or a Corn Loss Proof of Claim form, whichever are applicable to his, her, its or their situation.

Q. Can I claim for both Property Damage and Corn Loss?

A. Possibly. All farm operators (the person who runs the farm, making day-to-day decisions) who are members of the class are entitled to file a Corn Loss Proof of Claim. If you can prove Property Damage as well that qualifies for a payment under the Settlement, you may also file a Property Damage Proof of Claim. You should not, however, file a Property Damage Proof of Claim unless you can establish damages in excess of what you previously received from Aventis CropScience or StarLink Logistics, because such prior payments will be deducted from any award to you. If both claims are eligible, you will receive a recovery for both types of loss.

Q. What is the deadline for filing a Corn Loss Proof of Claim?

A. The deadline for filing a Corn Loss Proof of Claims has been extended to July 31, 2003. All Corn Loss Proof of Claims now must be postmarked or received no later than July 31, 2003.

Q. What is the deadline for filing a Property Damage Proof of Claim?

A. All Property Damage Proof of Claims must be postmarked or received no later than July 31, 2003, unless such date shall be extended as provided in the Stipulation.

Q. What is the address of the Claims Administrator?

Q. What if I am a member of the Settlement Class and I do not file properly completed and timely Proofs of Claims as a Corn Loss Claimant and/or a Property Damage Claimant, as applicable, and do not exclude myself from the Settlement Class?

A. Please refer to page 10 of the NOTICE OF PENDENCY OF CLASS ACTION, SETTLEMENT CLASS CERTIFICATION, PROPOSED SETTLEMENT AND FAIRNESS HEARING.

Q. Can I still exclude myself from the Settlement?

A. No. If you did not submit a Request for Exclusion from the Settlement Class, in writing and postmarked not later than March 21, 2003., which set forth (1) your name and address, or the name and address of the person or entity on whose behalf you are purportedly acting; (2) the number of acres of Non-StarLink Corn harvested in the 2000 growing year; and (3) a clear and unambiguous statement that you wish to be excluded from the Settlement Class, it is now too late.

Q. Do I have the right to appear and object?

A. No. The Fairness Hearing occurred as scheduled and noticed on April 7, 2003. The settlement was carefully considered by the Court and approved. The time for any appeals expired on May 8, 2003. Therefore the settlement is now final and the Effective Date, as defined in the Stipulation, has occurred. For more information, please refer to page 11 through 12 of the NOTICE OF PENDENCY OF CLASS ACTION, SETTLEMENT CLASS CERTIFICATION, PROPOSED SETTLEMENT AND FAIRNESS HEARING.

Q. Can I examine the papers or make inquiries?

A. Yes. For more information, reference is made to the Stipulation, to the orders entered by the District Court and to other papers available for inspection at the Office of the Clerk of the United States District Court, North District of Illinois, Everett McKinley Dirkson Federal Building, 219 South Dearborn Street, Chicago, Illinois 60604, during business hours. Any inquiries by Settlement Class members concerning the proposed settlement should be made to Co-Lead Class Counsel, or to the Claims Administrator at:

INQUIRIES SHOULD NOT BE DIRECTED TO THE CLERK OF THE COURT OR TO JUDGE MORAN.

Q. I never grew corn or I do not have a farm, why did I receive this information?

A. Notices and proof of claim forms were mailed to individuals who are potentially claimants in this class action. If you do not believe you meet the criteria of a class member, you may disregard the paperwork you received in the mail.

Q. I rent land from someone, who files a claim?

A. The operator (the person who runs the farm, making day-to-day decisions) of the farm must file the proof of claim. If you have a sharing agreement, the operator of the farm must file the claim and then pay-over to whomever they have such an agreement whatever amount is due based on the terms of that specific agreement. If you own corn producing land, but are not the 'operator,' such as a landlord who rents land to another who operates the farm in exchange for a percentage of the profits, you may not file the claim. However, you are urged however, to discuss this settlement and filing a claim with your tenant(s) who do operate land you own.

Q. I have more than 1 farm. Do I need to file a different Proof of Claim for each farm?

A. No. You should only complete one claim form. If you operated more than 1 farm, you should list them in Section 2 of the proof of claim. If you need more space than is provided, please continue on a separate sheet of white 8 ½ x 11 paper.

Q. I do not have all the supporting documentation available. What do I do?

A.You should complete the proof of claim form to the best of your ability. In order to substantiate your claim, you will need to include supporting documentation. If you do not have all the documentation and the filing deadline is approaching, submit the completed form along with the documentation you have obtained in order to make the extended filing deadline, July 31, 2003. We strongly recommend that you make a copy of everything you are submitting for your records.

Q. I received information for a deceased family member, what do I do?

A. The beneficiary or executor of the deceased person has the right to file a claim on the deceased family member's behalf. The individual should complete the claim form and include the necessary supporting documentation. He or she must also include a COPY of the death certificate and a copy of the legal document verifying that they are the beneficiary or executor.

Q. I own a farm with another person, who files the claim:

A. One proof of claim form should be filed for each farm, although multiple farms can be included on one claim form if operated by the same person. The primary operator of the farm should complete the proof of claim form. If a corporate entity or partnership is filing a claim , the name of the corporation or partnership should be listed on the proof of claim and all partners should sign their name and titles on the signature page.

Q. How much can I expect to receive?

A. The total value of the settlement is $110,000,000, plus interest. The total amount available for distribution to Settlement Class members I, after the payment of all attorneys' fees, and litigation and notice expenses, is currently approximate $76,000,000.00. Because the amount each claimant may be eligible to receive depends on a variety of factors, it is not possible to determine or even estimate the approximate benefit that each person may receive at this time.