Is the black farmers case still alive? Perhaps…
In 2015, the Black Farmers Agricultural Association (“BFAA”) spearheaded a lawsuit against the USDA and EPIQ, the claims administrator, in the Female and Hispanic Farmers Settlement. The basic allegations were that black male farmers attempted to make claims pursuant to the Framework set up for female and Hispanic lawsuits but were denied because they were neither female nor Hispanic. Thus, the black farmers alleged discrimination based on race and/or gender.
The district Court dismissed the claims, but an appeal to the US Court of Appeal for the District of Columbia resulted in a denial of summary affirmance of that ruling.
What this means is that a full appeal on the district court’s ruling is in process and could result in revival of the black farmer claims against the USDA and EPIQ. The appellate process could take a few more months but we will provide updates when we get new information.
Looks like things are not over yet.