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- Oklahoma, 2007
- U.S. District Courts for the Western, Northern and Eastern Districts of Oklahoma
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Tenth Circuit
- J.D., with honors, University of Oklahoma, 2007; Articles Editor, Oklahoma Law Review; Comfort Scholar; Phi Delta Phi
- B.A. (Anthropology and Psychology), with honors, University of Kansas
- Oklahoma Bar Association
Jeremiah L. Buettner
Jeremiah Buettner is a trial lawyer whose practice covers a wide range of commercial litigation matters, including environmental law, intellectual property disputes, business torts, replevin actions, contract matters, garnishments and insurance disputes in both state and federal courts, arbitrations and administrative proceedings. He also has substantial experience representing agricultural landowners and producers across the country in claims relating to crop insurance against both the federal government and private crop insurance companies.
Since joining McAfee & Taft in 2007, Jeremiah has represented individuals and corporations in a variety of industries, including technology, energy, finance, and nursing home and long-term care facilities. In addition to his admission to practice law in the State of Oklahoma, he is admitted to practice and has litigated cases in all federal district courts in Oklahoma, including the U.S. District Court for the Western District of Oklahoma, located in Oklahoma City; the U.S. District Court for the Northern District of Oklahoma, located in Tulsa; and the U.S. District Court for the Eastern District of Oklahoma, located in Muskogee. He is also admitted to practice in the District of Colorado and the U.S. Court of Appeals for the Tenth Circuit.
Jeremiah’s achievements have earned him inclusion in Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys.
- Representing a surgical center and its members against claims brought by former partners for breach of the partnership agreement as well as various business torts.
- Represented a food broker and its majority owner against breach of contract and various tort claims brought by former competitors who sought to recover more than $1 million in actual damages in addition to attorneys’ fees and punitive damages. Following a five-day trial, the jury returned a verdict in favor of the defendants on several of their counterclaims and found the defendants liable for only a fraction of the amount plaintiffs were seeking. Defendants’ abandoned their appeal following a favorable post-trial settlement.
- Represented a Canadian exploration company in a dispute regarding the purchase of oil rigs and related equipment.
- Represented an oil and gas company in a lawsuit for recoupment of payments under the Production Revenue Standards Act, obtaining favorable settlements.
Crop Insurance Litigation
- Represented a group of over 90 Texas corn farmers with respect to an adverse decision by USDA Risk Management Agency pertaining to their Group Risk Income Protection (“GRIP”) crop insurance policies. The issue involved RMA’s manipulation of the applicable “final county yield,” a key component in calculating the GRIP indemnity. Established that RMA’s adjustment of the yields published by the National Agricultural Statistics Service (“NASS”) was arbitrary and capricious because it was based on “good farming practice” determinations which were later retracted. The NAD Director found RMA’s actions erroneous, and RMA later agreed to a settlement that included payment of more than $3 million in unpaid indemnity plus a large portion of attorney’s fees and costs to the group.
- Successfully represented a group of 24 Colorado corn farmers in connection with their GRIP policies by establishing that RMA arbitrarily and capriciously manipulated the final county yields in an effort to lower the indemnities due to every GRIP policyholder in the county. NAD rejected RMA’s determination and made it clear that indemnity payments should be calculated on the official, published NASS data instead. The decision lead to a group recovery of over $1 million in unpaid indemnity plus interest. Also obtained a ruling under the Equal Access to Justice Act (EAJA) that RMA’s actions were not substantially justified leading to an award of attorney’s fees under the Act.
- Successfully represented group of farmers in Pinal County, Arizona, in administrative proceeding before the NAD pertaining to the application of a retroactive bulletin lowering prevented planting indemnities.
- Represented numerous farmers in crop insurance arbitrations against insurance providers and NAD administrative proceedings against the USDA Risk Management Agency, including farmers and farming operations located in Arizona, Texas, North Dakota, Colorado and Illinois.
For other crop insurance disputes, see our Federal Crop Insurance Disputes page.
- Successfully defended healthcare provider credentialing company in a business method patent infringement suit by obtaining early dismissal based on plaintiff’s invalid patent. Subsequently protected dismissal on appeal before the U.S. Court of Appeals for the Federal Circuit.
- Representing an aerial camera company in pursuit of claims for misappropriation of trade secrets, copyright infringement, and other business torts against the client’s former chief engineer and the aerial camera company that he formed.
Long-Term Care Facilities
- Represented facilities before the OSDH and in Oklahoma district court in connection with obtaining and defending Certificates of Need necessary for opening new facilities/projects.
- Defendant numerous facilities in administrative proceedings before the Oklahoma State Department of Health with respect to citations, administrative penalties and discharge issues, often resulting in victory or favorable settlement.
- Defended Resource Conservation and Recovery Act (RCRA) citizen suit action alleging violations of municipal landfill closure standards and breach of contract action against Oklahoma municipality, leading to favorable settlement.
- Successfully represented Tulsa company in administrative proceeding before the Oklahoma Department of Environmental Quality in connection with issuance of a RCRA building permit.
- Successfully represented client before the Oklahoma Water Resources Board regarding permit issuance.
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McAfee & Taft AgLINC - November 2012
Recovering Attorney Fees in Crop Insurance Disputes with the Risk Management Agency: The Equal Access to Justice Act in NAD Appeals
Agricultural Law Update - Volume 28, Number 4 - November 2011
Indemnified, eventually: Insured farmers resort to litigation to obtain proper GRIP payments
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AT THE PODIUM
Crop and Livestock Insurance Claims
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