Universal Cooperatives, Inc. v. AAC Flying Service, Inc.

GRUENDER, Circuit Judge.

Universal Crop Protection Alliance, LLC, a formulator and distributor of a herbicide known as 2,4-D (or 2,4-D Amine), and its parent company, Universal Cooperatives (collectively, “Universal”), successfully defended a lawsuit brought by a group of cotton farmers in Arkansas state court for damages arising from off-target aerial application of the herbicide. Universal now sues several aerial herbicide applicators (collectively, “Crop Dusters”) who were not parties to the cotton farmers’ litigation, seeking to recover its attorney’s fees incurred during the cotton…