05/27/22 | Case Update: Class Certification Granted
In a victory for consumers, Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois granted class certification. Steve Berman, Hagens Berman attorney representing consumers in the antitrust class action said, “Chicken is a fundamental staple on the plate of consumers. We are delighted the Court understood the importance of allowing a collective action to join together the claims of individuals against [a] group of large protein companies. We will continue to fight on behalf of the American consumer and look forward to returning additional money to their pockets.” The firm estimates that this class certification – comprising every American who purchased chicken from a grocery store – may represent the largest class certification in U.S. history.
According to the complaint, since 2008, major food corporations have increased the price of chicken, allegedly in violation of antitrust laws, forcing millions of U.S. consumers to pay artificially high prices. If you purchased broiler chicken (also known as spring chicken) from any of the suppliers listed below, you may be entitled to your money back:
Koch Foods, Tyson, Pilgrim's Pride, Perdue, Sanderson Farms, Wayne Farms, Mountaire Farms, Peco Foods, Foster Farms, House of Raeford Farms, Simmons Foods, Fieldale Farms, George's, O.K. Foods, Claxton Poultry, Harrison Poultry, Mar-Jac Poultry, Agri Stats.
ABOUT THE CONSPIRACY
This litigation alleges that between 2009 to at least 2019, chicken producers such as Tyson, Perdue and others colluded to knowingly reduce chicken production to artificially inflate prices by nearly 50%. The chicken producers allegedly engaged in a conspiracy, that the Court has found to be plausible, to share detailed pricing and production information with each other with the intent to increase the price paid by U.S. consumers.
Broiler chickens account for 98% of all chicken meat sold in the United States, and the companies involved control 90% of the market. Hagens Berman believes that this is a classic conspiracy meant to extract extra profits from hardworking Americans.
YOUR CONSUMER RIGHTS
The lawsuit seeks reimbursement for the allegedly fraudulent price increases pushed onto consumers. Hagens Berman believes that those who unknowingly paid high prices for chicken deserve compensation for the greed and wrongdoing of these major food corporations.
TOP CONSUMER RIGHTS FIRM
Hagens Berman is one of the most successful consumer litigation law firms in the U.S. and has achieved more than $320 billion in settlements for consumers in lawsuits against food corporations, automakers, big banks and others. Hagens Berman recently won a similar suit against the dairy industry, winning $52 million for purchasers who had been forced to pay artificially high prices. Your claim will be handled by attorneys experienced in consumer law.
NO COST TO YOU
There is no cost or fee whatsoever involved in joining this case. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class's legal team. In no case will any class member ever be asked to pay any out-of-pocket sum.
CASE TIMELINE
The $181 million in total settlements has now received preliminary approval. The claims period is opening, and notice will be beginning to class members in 30 days. Claims will be open until Dec. 21, 2022, after which class members will no longer be able to file a claim.
Hagens Berman has reached two additional settlements in the Broilers litigation with Pilgrim’s for $75.5 million and Mar-Jac for $1 million, following icebreaker settlements with Tyson, Fieldale, George’s and Peco. This brings total recovery in the case for the consumer class to $181 million. The firm looks forward to continuing to litigate the case against the remaining 12 defendants in the chicken price-fixing case.
A defendant in Hagens Berman’s civil class action, Pilgrim’s Pride, has been hit by the U.S. Department of Justice with a $107 million criminal fine. The DOJ found Pilgrim’s Pride guilty, “for its participation in a conspiracy to fix prices and rig bids for broiler chicken products,” the agency stated. Pilgrim’s Pride, according to the DOJ, pleaded guilty, and involved ongoing work from the FBI to eliminate bid rigging and price fixing. The firm continues to litigate its consumer lawsuit against Pilgrim’s Pride.
Hagens Berman is pleased to announce this first, ice-breaker settlement with the Tyson defendants. Hagens Berman has tirelessly litigated on behalf of the consumer class for nearly five years. This settlement provides significant relief to consumers who were overcharged for a staple of American life – chicken purchased in grocery stores. Hagens Berman and the class representatives in this case will continue to litigate on behalf of consumers against other members of this conspiracy and intend to recover further refunds for consumers.
U.S. District Judge Thomas M. Durkin denied a motion to dismiss the suit from defendants, allowing our case to continue. The judge’s 92-page order upholds state and federal antitrust claims that the defendants worked together to raise the price of chicken. The firm looks forward to the discovery stage, or evidence-gathering stage, of the lawsuit. Read the order »
U.S. District Judge Thomas M. Durkin named Hagens Berman interim class counsel for consumer purchasers, based on the firm's "aggressive and independent advocacy."
