Don Downing Named Co-Lead Counsel for Farmers in Nationwide Fertilizer Antitrust Litigation

U.S. District Judge Eric F. Melgren of the District of Kansas has appointed Don Downing as co-lead counsel for farmers and other indirect fertilizer purchasers across the United States. The case is an antitrust action against several large companies that produce most of the fertilizer sold in the country.

The plaintiffs allege that the defendants conspired to fix, raise, and maintain prices for nitrogen, phosphorus, and potassium fertilizers at artificially high levels beginning in January 2021. As a result, farmers and other buyers allegedly paid more for fertilizer than they should have.

Judge Melgren also appointed other attorneys as co-lead counsel, including Pat Stueve of Stueve Siegel Hanson in Kansas City. Downing and Stueve previously served together as co-lead counsel for corn farmers in the Syngenta corn litigation, which produced a $1.51 billion settlement for U.S. corn farmers.

In his September 28, 2026, order appointing co-lead counsel, Judge Melgren pointed to that record. He noted that Downing and Stueve had achieved "one of the largest known settlements in any kind of case." He also noted that the federal judge who oversaw the Syngenta litigation praised their leadership, observing that they "were very experienced, had very good reputations, were excellent attorneys, and performed excellent work."

The case is In re Nitrogen, Phosphorus, and Potassium (NPK) Fertilizer Antitrust Litigation, MDL No. 3187, pending in the United States District Court for the District of Kansas.