What is the current posture of this litigation? Why did I get a notice?

On May 27, 2022, Judge Thomas M. Durkin issued an Order certifying a class of indirect purchasers generally defined as: “All persons and entities who indirectly purchased the following types of raw chicken, whether fresh or frozen: whole birds (with or without giblets), whole cut-up birds purchased within a package, breast cuts or tenderloin cuts, but excluding chicken that is marketed as halal, kosher, free range, organic, diced, minced, ground, seasoned, flavored, or breaded—from defendants or co-conspirators for personal consumption in the Repealer Jurisdictions from January 1, 2012, to July 31, 2019” (the “Certified Class”).

The notice provides Class Members with an opportunity to opt out of the Certified Class defined above. If you exclude yourself from the Certified Class, you will not be able to recover any award from any future settlements or judgments obtained by the lawyers for the Class, if settlements or judgments occur. Your decision to exclude yourself (or not) from the Certified Class will not affect your ability to participate in the previous settlements reached in this litigation.

You may continue to file claims for the prior settlements and doing so will automatically include you in any future settlement(s) or judgment(s). If you already filed a claim, you do not need to file another claim.

What are the prior settlements about?

This class action is called In re: Broiler Chicken Antitrust Litigation (End-User Consumer Action), Case No. 1:16-cv-08637 (N.D. Ill.) and is pending in the United States District Court for the Northern District of Illinois. U.S. District Court Judge Thomas M. Durkin is in charge of this class action.

End-User Consumer Plaintiffs allege that Defendants and their co-conspirators conspired to restrict the supply of, and fix, raise, and stabilize the price of chicken, as of January 1, 2009, in violation of federal and state consumer and antitrust laws.

The Defendants and co-conspirators are chicken processors in the United States. In the notice, “Settling Defendants” refers to Fieldale, George’s, Mar-Jac, Peco, Pilgrim’s, and Tyson. “Non-Settling Defendants” refers to Agri Stats, Inc., Claxton Poultry Farms, Inc.; Foster Farms, LLC and Foster Poultry Farms; Harrison Poultry, Inc., House of Raeford Farms, Inc.; JCG Foods of Alabama, LLC, JCG Foods of Georgia, LLC, Koch Foods, Inc. and Koch Meats Co., Inc.; Mountaire Farms, Inc., Mountaire Farms, LLC, and Mountaire Farms of Delaware, Inc.; Koch Foods, Inc., JCG Foods of Alabama, LLC, JCG Foods of Georgia, LLC, and Koch Meat Co., Inc.; O.K. Foods, Inc., O.K. Farms, Inc., and O.K. Industries, Inc.; Perdue Farms, Inc. and Perdue Foods LLC; Sanderson Farms, Inc., Sanderson Farms, Inc. (Foods Division), Sanderson Farms, Inc. (Processing Division) and Sanderson Farms, Inc. (Production Division); Wayne Farms, LLC; Mountaire Farms, Inc., Mountaire Farms, LLC, and Mountaire Farms of Delaware, Inc.; Foster Farms, LLC; House of Raeford Farms, Inc.; and Simmons Foods, Inc. and Simmons Prepared Foods, Inc.

End-User Consumer Plaintiffs have reached Settlements with the Settling Defendants, but the End-User Consumers’ case is proceeding against the Non-Settling Defendants. Those other Non-Settling Defendants may be subject to separate settlements, judgments, or class certification orders. If applicable, you will receive a separate notice regarding the progress of the litigation and any resolution of claims against other Non-Settling Defendants.

Settling Defendants have not admitted any liability and continue to deny all allegations of wrongdoing in this lawsuit and would allege numerous defenses to Plaintiffs’ claims if the case against it were to proceed.