Cotchett, Pitre & McCarthy, LLP and Gustafson Gluek PLLC Announce a $41.25 Million Settlement for Those Companies Who May Have Indirectly Purchased Broiler Chickens from January 1, 2009 through July 31, 2019

CHICAGO, April 18, 2025 /PRNewswire/ --

LEGAL NOTICE

Purchased Broiler Chicken Indirectly for Commercial Use Since 2009?
You May Be Entitled to Money From New Class Action Settlements
Totaling Approximately $41,250,000.

Additional settlements – referred to in this notice as the Round 2 Settlements – have been reached with indirect commercial and institutional purchasers of Broiler chicken. The Round 2 Settlements are with Defendants: Harrison Poultry, Inc.; House of Raeford Farms, Inc.; Koch Foods Inc., JCG Foods of Alabama, LLC, JCG Foods of Georgia, LLC, and Koch Meat Co., Inc.; Mountaire Farms, LLC and Mountaire Farms of Delaware, Inc.; O.K. Foods, Inc., O.K. Farms, Inc., and O.K. Industries, Inc.,; Sanderson Farms, LLC (f/k/a Sanderson Farms, Inc.), Sanderson Farms Foods, LLC (f/k/a Sanderson Farms, Inc. (Foods Division)), Sanderson Farms Production, LLC (f/k/a Sanderson Farms, Inc. (Production Division)), and Sanderson Farms Processing, LLC (f/k/a Sanderson Farms, Inc. (Processing Division)); Simmons Foods, Inc. and Simmons Prepared Foods, Inc.; Agri Stats, Inc.; Case Foods, Inc., Case Farms, LLC, and Case Farms Processing, Inc.; Norman W. Fries, Inc., d/b/a Claxton Poultry Farms; Foster Farms, LLC and Foster Poultry Farms; Perdue Farms, Inc. and Perdue Foods LLC; and Wayne Farms, LLC (collectively, the "Round 2 Settling Defendants").

Am I Included?

Your company may be included if, from January 1, 2009, through July 31, 2019, it indirectly purchased Broilers from a Defendant or co-conspirator in an Indirect Purchaser State for use in commercial food preparation. The largest categories of purchasers included are businesses that purchased Broilers through distributors such as restaurants, grocery store deli counters that commercially prepare meals, and institutional purchasers such as nongovernmental hospitals, nursing homes, and schools. A more detailed notice, including the exact Class definitions and exceptions to Class membership, is available at www.ChickenCommercialSettlement.com.

What do the Settlements provide?

Some Round 2 Settling Defendants' settlements include monetary payments which, if approved by the Court, will total $41,250,000.  Under the Settlement with Agri Stats, Class members can also receive free access to 6 months of price reporting services from Agri Stats subsidiary Express Markets Inc. (EMI). Class members can obtain this service by emailing [email protected] by June 19, 2025. More details about the Round 2 Settlements are provided in the Settlement Agreements, available at www.ChickenCommercialSettlement.com.

The Court granted summary judgment in favor of Agri Stats, Case Farms, Claxton, Foster Farms, Perdue, and Wayne Farms. The Classes have agreed to not appeal or otherwise challenge the summary judgment order as to these Defendants, and in exchange these Defendants agree to waive their right to recover any and all fees and costs against the Classes related to this action. Because the Class claims were disposed of as to Defendants Agri Stats, Case Farms, Claxton, Foster Farms, Perdue, and Wayne Farms by the summary judgment order, there is no separate release of claims for the settlements with these Defendants. Co-Lead Class Counsel will not request any litigation expenses or attorneys' fees from these settlements. 

The Court already approved previous settlements, totaling $103,890,000 (plus $1 million from the Pilgrim's Pride settlement that was used for class notice and claims administration services) (the "Round 1 Settlements").  Payment distribution from the Round 1 Settlements is nearly complete.  Together, the funds from the Round 1 Settlements and Round 2 Settlement Funds total $145,140,000.

How can I get a payment?

To receive money from the Round 2 Settlements, you must have made qualifying purchases of "Broilers" from an included Indirect Purchaser State and must not have excluded yourself from the Classes in 2023.

If you have already filed a claim in connection with the previous Round 1 Settlements (or received a payment from the previous distribution) and did not exclude yourself, you do not need to submit another claim as your previous submission will determine your eligibility for payment from the Round 2 Settlements. Please note, however, that the definition of "Broilers" has changed since the Round 1 Settlements, and the funds from the Round 2 Settlement will be used to compensate purchases of breast, whole birds, and/or wings only. If you would like to review your approved purchases from the approved claim you previously submitted, you may do so by visiting www.ChickenCommercialSettlement.com.

If you did not previously file a claim and did not exclude yourself, you must submit a valid Claim Form to get a payment from the Round 2 Settlements. You can get a Claim form at www.ChickenCommercialSettlement.com or by calling 1-800-983-6533. For some Class Members, qualifying purchase information from Defendants is available and can be incorporated into your claim. Please visit www.ChickenCommercialSettlement.com to access this information.

When will I get a payment?

Payments from the Round 2 Settlements will not be distributed, at a minimum, until the Court grants final approval, any objections or appeals are resolved, and all claims are processed and validated. Updates on when the net funds from the Round 2 Settlements will be distributed will be provided on the settlement website at www.ChickenCommercialSettlement.com.

What are my rights?

If you do nothing, unless you previously excluded yourself from the Classes, you won't be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Round 2 Settling Defendants about the claims that the Round 2 Settlements resolve. The deadline to request exclusion from the Classes has already passed. You will remain part of the Round 2 Settlements, and you may participate in the monetary distribution if you made qualifying Broiler purchases.

If you already filed a claim in the Round 1 Settlements and did not exclude yourself from the Classes, you do not need to submit a claim. Your previous claim submission will determine your eligibility for payment from the Round 2 Settlements. If you did not previously file a claim and do not submit a Claim Form to ask for a payment by June 19, 2025, you will not receive a payment.

If there are future settlements or judgments, you will be sent a notice with instructions on how to receive a benefit at that time.

The Final Fairness Hearing

The Court will hold the Final Fairness Hearing at 9:30 a.m. on July 30, 2025, at the United States District Court for the Northern District of Illinois, 219 S. Dearborn Street, Chicago, IL 60604. It is possible that the Court will hold the hearing by teleconference or video conference. At this hearing, the Court will consider whether the Round 2 Settlements are fair, reasonable, and adequate. If there are objections or comments, the Court will consider them at that time and may listen to people who have asked to speak at the hearing. The Court may also decide whether to award attorneys' fees, costs and expenses, as well as service awards to the CIIPP Class representatives. At or after the hearing, the Court will decide whether to approve the Round 2 Settlements.

SOURCE Cotchett, Pitre & McCarthy, LLP; Gustafson Gluek PLLC