broiler chicken price-fixing
(Photo Credit: The Toidi/Shutterstock)

Several chicken processors — Fieldale, George’s, Mar-Jac, Peco, Pilgrim’s and Tyson — have reached a $181 million settlement in a class action lawsuit over alleged broiler chicken price-fixing.

The class includes anyone who was a resident of certain U.S. states between Jan. 1, 2009, and July 31, 2019, and indirectly purchased whole chicken, chicken breasts or wings from the settling processors, is eligible to participate in the settlement.

The states included in the settlement are:  California, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, and Wisconsin, plus the District of Columbia.

The Pilgrim’s settlement covers a claims period of Jan. 1, 2009 to December 31, 2020, in the same states.

A person or entity is considered an indirect purchaser if they purchased the product or service at issue through an intermediary source such as a retail store or wholesaler, rather than directly from a defendant.

The court previously approved settlements for direct purchasers of chicken from Fieldale, Peco, George’s, Amick, Tyson and Pilgrim’s Pride.

If the current settlements with indirect purchasers are approved, Tyson will pay $99,000,000, Pilgrim’s will pay $75,500,000, George’s will pay $1,900,000, Peco will pay $1,900,000, Fieldale will pay $1,700,000, and Mar-Jac will pay $1,000,000.

While the current settlements are only with the six named companies, the settlement Class includes people who purchased products from multiple additional non-settling defendants and alleged co-conspirators. Members of the Class who do not exclude themselves may be eligible to participate in any additional settlements that arise from the additional defendants.

No money will be distributed yet while attorneys continue to pursue lawsuits against the remaining non-settling broiler chicken price-fixing defendants. After attorney’s fees and other expenses are paid from the settlement fund, Class Members submitting valid claim forms and do not exclude themselves will receive a pro rata portion of the fund based on their broiler chicken purchases during the Class Period.

To be eligible to receive a payment from any of the settlements, consumers must complete and submit a timely claim form by Dec. 31, 2022, though if additional settlements are reached, the deadline may be extended. Any extensions will be posted on the settlement website. Those who submit claim forms on time will automatically participate in any future related settlements unless they choose to opt out.

A fairness hearing in the broiler chicken price-fixing settlements will be held Dec. 20, 2021.

Consumers wishing to exclude themselves must mail an exclusion request, which must be postmarked or received by Nov. 10, 2021.

Claim forms must be submitted by Dec. 31, 2022.

Who’s Eligible

Anyone who indirectly purchased fresh or frozen raw chicken, whole cut-up birds purchased within a package, or “white meat” parts including breasts and wings , but excluding chicken that is marketed as halal, kosher, free range, or organic) from the Defendants while a resident of California, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island (after July 15, 2013), South Carolina, South Dakota, Tennessee, Utah, Wisconsin or the District of Columbia from Jan. 1, 2009 (except for Rhode Island, which is from July 15, 2013), to July 31, 2019. The Pilgrim’s settlement covers a slightly longer claims period, from Jan. 1, 2009, to Dec. 31, 2020.

Potential Award

Varies

No payments will be made yet while attorneys continue to pursue cases against the remaining defendants that have not settled. After attorney’s fees and other expenses are paid from the settlement fund, Class Members submitting valid claim forms and do not exclude themselves will receive a pro rata portion of the fund based on their chicken purchases during the Class Period.

Proof of Purchase

No proof of purchase necessary.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/31/2022

Case Name

In re: Broiler Chicken Antitrust Litigation, Case No. 1:16-cv-08637 in the U.S. District Court for the Northern District of Illinois

Final Hearing

No date set yet.

Settlement Website
Claims Administrator

Broiler Chicken Consumer Litigation
c/o A.B. Data, Ltd.
P.O. Box 173045
Milwaukee, WI 53217
info@overchargedforchicken.com
877-888-5428

Class Counsel

Shana E. Scarlett
HAGENS BERMAN SOBOL SHAPIRO LLP

Brent W. Johnson
COHEN MILSTEIN SELLERS & TOLL, PLLC

Defense Counsel

Rachel Johanna Adcox
Carmel Rana Arikat
Denise Lynne Plunkett
John M. Tanski
Kail J. Jethmalani
Nicholas Gaglio
Daniel K. Oakes
Jarod G. Taylor
Kenina J. Lee
Michael J. O’Mara
AXINN, VELTROP & HARDIKER LLP

Jordan Matthew Tank
LIPE LYONS MURPHY NAHRSTADT & PONTIKIS

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

20 Comments

  • Jeffrey McCormack September 16, 2021

    Mississippi has 5 Tyson plants. Add Mississippi

  • Rashanda Mays September 16, 2021

    Add Me

  • SHIRLEY DIXON September 16, 2021

    Add me

  • Jeffrey McCormack September 16, 2021

    Why is Mississippi not listed. We buy Tyson chicken here

  • Lori Woerdehoff September 16, 2021

    Please add me

  • Southasom wilson September 15, 2021

    Add me

    • hector feliz September 16, 2021

      so when u file a claim from “another state” it does allow you to as the other states are populated.. i am eligible for our states but you mine as well try it may work if the stakes change

  • pat ewing September 15, 2021

    please add me

  • Carlo Marinuzzi Jr September 15, 2021

    Why is Connecticut not part of this?

    • L Mathis September 15, 2021

      Exactly

    • hector feliz September 16, 2021

      agreed.. we are part of addresses in ny.. ca and even luckily fl so we will be filing massive amts of claims.. thank god $$$$$$$$$$$$$$

  • Sherry September 14, 2021

    Wow, I’ve bought SOOOOOO much chicken between those years, I eat a lot of chicken. Like I’ve saved receipts tho.

  • Heather Baldwin September 14, 2021

    Please add me

  • Bobbie September 14, 2021

    Here we go….I wonder how many “Add Me’s” will we get. ??? We got one so far, can we get more?

    • Sherry September 14, 2021

      I know, right? Lol

      • jim sterling September 15, 2021

        Add me Sherry I know you can do this!

    • hector feliz September 16, 2021

      no clue what u r talking about………………………………………………………..btw if u get a minute of your time………………………………………………….. please add me lol

  • Lisa September 14, 2021

    Did they change the deadline or close by date from 5/17/21? Oh wait…I think the one I filed a claim for was: Broiler Chicken Antitrust Litigation Settlement…It’s not this one. Hummm??

  • Sa September 14, 2021

    Is this lawsuit new or is it the old one they had a while back because i did a claim for the other one since my stepdad used to be a kitchen manager at this restaurant that now went bankrupt so i was helping him with this that lawsuit since he was the one who was in charged of ordering products

  • Angela Deemer September 14, 2021

    Add me

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