IN RE PORK ANTITRUST LITIGATION
- John Tunheim
- 0:18-cv-01776
- U.S. District Court · District of Minnesota
- 5
In In re Pork Antitrust Litigation, Judge Tunheim preliminarily approved a class-action settlement between indirect-purchaser plaintiffs and Seaboard Foods.
The CIIPPs, Seaboard Foods LLC, and members of the certified commercial and institutional indirect-purchaser classes, including potential class members in Illinois.
What happened
In In re Pork Antitrust Litigation, commercial and institutional indirect-purchaser plaintiffs asked the court to preliminarily approve their settlement with Seaboard Foods LLC.
The court had previously certified the relevant classes. The proposed settlement added Illinois as a jurisdiction allowing indirect purchasers to bring certain claims and included a release of claims, subject to a later fairness hearing.
Judge Tunheim granted the motion for preliminary approval, authorized notice to potential class members, and allowed them to object or request to appear. The order did not make a final approval decision and stated that the settlement was not an admission of wrongdoing or liability by Seaboard Foods.
The detailed version
- IN RE PORK ANTITRUST LITIGATION · No. 0:18-cv-01776
- John Tunheim
- July 25, 2024
Background
The Commercial and Institutional Indirect Purchaser Plaintiffs (CIIPPs) sought preliminary approval of a class-action settlement resolving their claims against Seaboard Foods LLC. The court had certified CIIPP classes on March 29, 2023, and had appointed Larson · King, LLP and Cuneo Gilbert & LaDuca as co-lead class counsel.
Settlement and Class Certification
The court preliminarily approved the settlement agreement, including its release provisions, as fair, reasonable, and adequate to the certified classes, subject to further review at a fairness hearing. The court found that experienced counsel negotiated the agreement at arm’s length and that the agreement was sufficiently reasonable to justify notifying class members.
The settlement classes were the same as the previously certified classes except that the parties agreed to add Illinois as a jurisdiction that permits standing for indirect purchasers. The court found a valid basis for that addition and preliminarily certified the settlement classes for purposes of the settlement.
Notice and Objections
The court ordered co-lead class counsel to seek approval of a notice program within 15 days. A later order will address the proposed notice form, method, and timing. After notice, class members who wish to object must submit a timely written objection, and those who wish to appear at the fairness hearing must submit a timely request to appear.
Ruling
Judge John R. Tunheim granted the CIIPPs’ motion for preliminary approval of the class-action settlement with Seaboard Foods. The court approved creation of a qualified settlement fund and retained jurisdiction over its formation and administration. The litigation against the released parties was stayed except as needed to carry out the settlement.
The order stated that if the settlement is not finally approved, or is canceled or terminated under the settlement agreement, the agreement and related proceedings will generally be vacated and treated as void, subject to the agreement’s terms. The order and settlement are not admissions or evidence of a statutory violation, liability, wrongdoing, or the truth of the CIIPPs’ claims or allegations by Seaboard Foods.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.