NeuAG LLC, The Woodlands, Texas, has strongly denied claims made by American Plant Food Corp. (APF), Galena, Texas, in a Property-Other Property Fraud lawsuit filed in Harris, Texas, in November (GM Dec. 3, p. 30). APF alleged that NeuAG had stolen trade secrets, including its ammonium sulfate contract with BASF, APF’s customer list, APF’s third-party truck driver list, and APF’s plan for a facility in Freeport, Texas.
“When APF filed this case, they also filed for a Temporary Restraining Order; that request was rejected by the Judge in no uncertain terms,” a NeuAG attorney told Green Markets. “In fact, that Judge told APF’s lawyers that on the record before him he did not think that APF had any trade secrets at all. More fundamentally, despite what APF alleges, NeuAG did not steal anything from APF.
“What is really going on here is that BASF chose NeuAg as their contracting partner over APF, and as much as APF might wish things were otherwise, there is nothing improper about competition,” he added.
He said there will be a second hearing on this matter in early 2022, and his side is confident that it will be successful there, as well as in the overall case.
APF had a contract to buy ammonium sulfate from BASF’s Freeport, Texas, plant since 1967. In 2020, BASF opted to instead contract with NeuAG (GM May 15, 2020), effective Nov. 1, 2021. NeuAG CEO Jerry Newcomb is a former President and CEO of APF. Newcomb and APF did not part on good terms; an APF lawsuit ensued and was later settled in 2018 (GM May 22, 2020).