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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE 4:
- Top Class Actions viewers reported this settlement paying out a second distribution of up to $18.90 as of early January 2022.
- Congratulations to everyone who filed a claim and got paid!
UPDATE 3:
- Top Class Actions viewers reported this settlement paying out up to $7.61 as of late September 2021.
- Congratulations to everyone who filed a claim and got paid!
UPDATE 2:
- According to the settlement website and court documents, digital settlement payments in the Fresh Milk settlement will will be distributed starting Sept. 20, 2021.
- Paper checks are scheduled to go out Sept. 27, 2021.
UPDATE:
- On April 27, 2021, the 9th Circuit Court of Appeals upheld the fresh milk products price-fixing settlement.
- There is a 90-day period before the appeal is final, and then the processing of claimant payments will begin.
- A payment date has not yet been released.
- Top Class Actions will continue to provide updates as we learn more.
National Milk Producers Federation aka Cooperatives Working Together (CWT), Dairy Farmers of America Inc., Land O’Lakes Inc., Dairylea Cooperative Inc. and Agri-Mark Inc. have agreed to settle an antitrust class action lawsuit that accuses them of engaging in a conspiracy to fix milk prices.
If you purchased milk or other fresh milk products (including half & half, cream cheese, sour cream, cottage cheese, yogurt or cream) since 2003, you may be entitled to payment from the milk products class action settlement.
If approved, this antitrust settlement will resolve a class action lawsuit that accuses the defendants of participating in a nationwide conspiracy to limit the production of raw farm milk by slaughtering cows prematurely, causing the price of milk and other fresh milk products to increase.
CWT was developed by the National Milk Producers Federation with the stated purpose of strengthening and stabilizing milk prices. Founded in 2003, the CWT reportedly involves dairy producers located throughout the United States which produce close to 70 percent of the nation’s milk.
According to the milk antitrust class action lawsuit, the dairy farmers participating in the alleged antitrust conspiracy with CWT agreed to prematurely slaughter the dairy cows in their herds and, as of Apr. 1, 2009, they agreed not to reenter the dairy farming business for at least one year.
“The principle purpose and effect of this contract, combination and conspiracy has been to reduce the supply of milk, eliminate competition, and significantly reduce the number of dairy farmers competing in the market in order to increase the price of raw farm milk,” the milk products price-fixing class action lawsuit states.
The defendants deny the allegations but agreed to settle the fresh milk products class action lawsuit to avoid the expense and uncertainty associated with ongoing litigation.
The fresh milk products price-fixing settlement received preliminary approval on Aug. 25, 2016.
If you would like to object to or exclude yourself from the milk products antitrust class action settlement, you must do so no later than Oct. 28, 2016.
Who’s Eligible
If you, since 2003, purchased milk or other milk products (including half & half, cream cheese, sour cream, cottage cheese, yogurt or cream) when you were a resident of one of the following states, you may be entitled to payment from this milk price-fixing class action settlement:
- Arizona
- California
- District of Columbia
- Kansas
- Massachusetts
- Michigan
- Missouri
- Nebraska
- Nevada
- New Hampshire
- Oregon
- South Dakota
- Tennessee
- Vermont
- West Virginia
- Wisconsin
NOTE: To be eligible for benefits from this class action settlement, you must have purchased the milk products from a grocery store or other retailer, not directly from one of the defendants. The products must not have been purchased for resale.
Schools, after-school programs and other entities who bought milk for their students/participants, but didn’t charge them for it, are eligible to file a claim for this class action settlement. However, governmental entities are excluded from the Class.
Potential Award
Varies.
The proposed settlement will offer a total of $52 million in compensation to Class Members. The actual amount of compensation each Class Member can expect to receive depends on how much milk was purchased for their household, and how many total claims are filed.
Proof of Purchase
N/A. Claimants must confirm that they were residents of one of the applicable states at some point in time between 2003 and the present and that they purchased milk or milk products during that time period. Claimants must declare under the penalty of perjury that all information they submit in the Claim Form is true and correct to the best of their knowledge.
Claim Form Deadline
1/31/2017
Case Name
Matthew Edwards v. National Milk Producers Federation, Case No. 4:11-cv-04766-JSW, in the U.S. District Court for the Northern District of California
Final Hearing
12/16/2016
UPDATE: The Fresh Milk Products Pricing-Fixing settlement was granted final approval on June 26, 2017. There is a 30 day period in which appeals can be filed. As long as appeals are not filed, the estimated date the administrator is going to notify claimants via email to select their online distribution method is July 31, 2017. The estimated date for payment distribution is September 11, 2017. Top Class Actions will continue to provide updates as we learn more.
UPDATE 2: On July 17, 2017, an appeal was filed in the fresh milk price-fixing settlement. This means payment disbursement could be delayed. Keep checking this article as we will post updates as soon as we learn more.
Settlement Website
Claims Administrator
Fresh Milk Products Antitrust Litigation
P.O. Box 43430
Providence, RI 02940-3430
1-877-417-4561
info@BoughtMilk.com
Class Counsel
HAGENS BERMAN SOBOL SHAPIRO LLP
Defense Counsel
Counsel for Agri-Mark Inc.:
Jill M. O’Toole
SHIPMAN & GOODWIN LLP
Counsel for Dairy Farmers of America Inc.:
Steven R. Kuney
WILLIAMS & CONNOLLY LLP
Counsel for Land O’Lakes Inc.:
Nathan P. Eimer
EIMER STAHL LLP
Counsel for National Milk Producers Federation:
Kenneth P. Ewing
STEPTOE & JOHNSON LLP
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226 thoughts onFresh Milk Products Price-Fixing Class Action Settlement
May 2020 (from actual website)
We are STILL battling the last objector appeal in the $52M Fresh Milk Products Antitrust settlement. As of May 2020, the appeal has been fully briefed before the U.S. Ninth Circuit Court of Appeals and we are waiting for the Court to set a date for oral argument and then issue a decision on the appeal. According to the Court’s website, the Court has no time limit, but most cases are decided within 3 months to a year from the date of the oral argument. Unfortunately, this process can take time when objectors are involved. We are working hard to resolve this appeal so payouts to the class can begin.
We will post updates as soon as we have new information from the Court. We appreciate your patience!
Thank you
Is there any update yet as it has been another 5 months for the court to look at this case. We need to be told of any type of movement as this is why people get frustrated with these class actions.
This is the latest that was posted on the claim website.
The Fresh Milk Products Price-fixing Class Action payout amounts have been finalized. We received more claims than anticipated, which lowered the expected payout amounts on a fixed settlement fund. Individuals will receive $6.79, and entities will be receiving $190.13.
The appeals deadline has now passed, but unfortunately, there were 3 appeals submitted by objectors to the settlement, which means payments cannot start until those appeals are resolved. It is now in the hands of the U.S. Court of Appeals for the Ninth Circuit.
There is nothing new to report. Andrews did not submit a response after the class submitted one, but he wasn’t required to do so. Now it’s just a waiting game. Other cases that I’ve been following in the 9th district court of appeals, not related to class actions, have sat for about 9 months without a decision. In my opinion, there probably won’t be a decision to make until spring at the earliest. Anything is possible and I’ll keep checking the docket ever few weeks. If anything changes then i’ll come back and provide an update.
Final Approval granted.
The Court overruled all objections, “except to the extent that they generally object to the request for attorneys’ fees of one third of the settlement fund as too high” (Order Overruling Objections at 1:24-25).
The Court reduced the Attorneys’ Fee Request from a benchmark of 33.3% to a benchmark of 25%, returning $4,333,333 to the Class.
Objectors Holyoak and O’Brian jointly motioned for $70,000 in attorneys’ fees apiece, to be paid from Class Counsel’s fee award. In addition, Objector O’Brian also motioned for $1,432.03 in expenses and an incentive award of $5,000.
The Court GRANTED fees for Objector Holyoak of $70,000, fees for Objector O’Brian of $29,911.40 (lodestar with no multiplier), expenses for Objector O’Brian of $1,432.03, and an incentive award for Objector O’Brian of $250. These awards were paid out of the administrative costs portion of the settlement.
Objector Erwin separately motioned for attorneys’ fees of $649,999.95 and an incentive award of $5,000. This motion was subsequently withdrawn.
Objectors Erwin, Andrews, and Sweeney appealed the Final Approval.
Objector-Appellant Andrews motioned to proceed in forma pauperis, which was opposed by Class Counsel.
The District Court denied Objector-Appellant Andrews’ in forma pauperis motion.
Class Counsel motioned for an appeal bond of $1,000 each from Objector-Appellants Erwin, Andrews, and Sweeney.
Objector-Appellant Erwin voluntarily dismissed his appeal before the Court could rule on the appeal bond.
The Court granted the $1,000 appeal bond from Objector-Appellants Andrews and Sweeney.
Objector-Appellant Sweeney voluntarily dismissed her appeal without posting the appeal bond.
Objector-Appellant Andrews appealed this order, which was dismissed for lack of jurisdiction.
The Appellate Court granted Objector-Appellant Andrews’ in forma pauperis motion, finding that the appeal raised non-frivolous arguments.
The Andrews appeal is ongoing.
Can we get an update please. Thank You.
Anything on this lately? No check here
June 2 2018 and no news yet
One appeal still pending.
Update posted on it’s Facebook age 2/26/18:
FRESH MILK PRODUCTS CASE UPDATE:
We know you’re wondering where your “moolah” is from this case. The one last remaining appeal has still not been resolved. We are working hard to finalize this settlement so payments to the class can begin.
We will post an update as soon as we get any new information or receive a final resolution from the Court. Stay tuned!
I wish we knew the judge and his contact number. We need the judge to stop dragging their feet.