If you purchased Canned or Pouched Tuna directly from Bumble Bee, Chicken of the Sea, StarKist, or Thai Union Group between June 1, 2011 and July 31, 2015, you may be affected by an ongoing litigation

SEATTLE, March 24, 2023 /PRNewswire/ -- JND Legal Administration

The United States District Court for the Southern District of California (the "Court") has certified a class in an ongoing litigation between Direct Purchaser Plaintiffs (referred to as the "DPPs") and StarKist Co. ("StarKist"), Dongwon Industries Co. Ltd. ("DWI"), Lion Capital LLP, Big Catch Cayman LP, and Lion Capital (Americas), Inc., (collectively, "Non-Settling Defendants").  The case is called In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD), MDL No. 2670.  Bumble Bee Foods LLC ("Bumble Bee") declared bankruptcy.  A settlement was reached with Tri-Union Seafoods LLC d/b/a Chicken of the Sea and Thai Union Group PCL (collectively, "Settling Defendants" and, together with the "Non-Settling Defendants," "Defendants").  The claims deadline for that settlement with the Settling Defendants has passed and payments will be distributed at an appropriate time in the future.  There has been no determination yet of whether or not Defendants engaged in the wrongdoing alleged by the DPPs, or, even assuming the DPPs' allegations are true, whether the alleged wrongdoing harmed the DPPs.  The Court has indicated that it intends to set dates for the trial in the near future.  If the DPPs can prove their claims at trial, then the Court will treble any damages awarded by the jury and award attorneys' fees and costs in an amount determined by the Court. If DPPs prevail, then they may also seek a discretionary amount of pre-judgment interest.

Who is affected?

The certified litigation class consists of individuals or businesses that directly purchased Packaged Tuna Products (excluding tuna salad kits and cups and salvage purchases) within the United States, its territories and the District of Columbia from Bumble Bee, Chicken of the Sea, StarKist, or Thai Union Group at any time between June 1, 2011 and July 31, 2015 ("Litigation Class").  Packaged Tuna Products means shelf-stable tuna sold for human consumption and packaged in either cans or pouches.  Excluded from the Litigation Class are all governmental entities; Non-Settling Defendants, Bumble Bee, and Settling Defendants and any parent, subsidiary, or affiliate thereof; Non-Settling Defendants', Bumble Bee's, and Settling Defendants' officers, directors, employees, and immediate families; and any federal judges or their staffs.

What is this case about?

The DPPs allege that Non-Settling Defendants, Bumble Bee, and Settling Defendants conspired to fix, raise, and maintain the prices that direct purchasers paid for Packaged Tuna and that, as a result, the DPPs paid more than they otherwise would have.  Non-Settling Defendants, Bumble Bee, and Settling Defendants have denied all liability for this conduct and/or assert that their conduct was lawful or exempt from the antitrust laws, or that their conduct did not cause injury, among other defenses.  There has been no determination yet of whether or not Defendants engaged in the wrongdoing alleged by the DPPs, or, even assuming the DPPs' allegations are true, whether the alleged wrongdoing harmed the DPPs.   

Do I have a lawyer in this case?

The Court has appointed Hausfeld LLP as Class Counsel.  Their contact information is provided below.  If you wish to remain a Litigation Class Member, you do not need to hire your own lawyer because Class Counsel is working on your behalf.  If you wish to pursue your own case separate from this one, or if you exclude yourself from the Litigation Class, these lawyers will no longer represent you.  You may need to hire your own lawyer if you wish to pursue your own lawsuit against the Non-Settling Defendants.

What are my rights and options? 

DO NOTHING.  If you do nothing, you will remain a member of the Litigation Class for purposes of trial or other judgments and be bound by any outcome.  You will give up your right to sue or to continue to sue the Defendants on your own for your claims in this case.

ASK TO BE EXCLUDED FROM THE LITIGATION CLASS.  This means you remove yourself from the Litigation Class entirely.  You will no longer be bound by the outcome of any trial or judgment for this case.  You will keep your right to sue or continue to sue the Defendants for the claims in this case on your own.  Class Counsel will no longer represent your interests in this litigation.  You will not receive payment from the litigation with the Non-Settling Defendants.

Each of the Non-Settling Defendants may be held jointly and severally liable for the conduct of every other Non-Settling Defendant, Bumble Bee, and Settling Defendants, if each or any of the Non-Settling Defendants is found liable for the alleged claims. 

You may stay in the Litigation Class even if you have resolved your claims with any of the Non-Settling Defendants and released them from liability.  However, you must advise the Notice Administrator of the entities with which you have released your claims, or you may be in breach of your settlement agreement.  To the extent that any of the Non-Settling Defendants that you have not released from liability are found to have participated in the collusive conduct described above, those entities are jointly and severally liable for any damages proven at trial.  If you stay in the Litigation Class, but believe that you have released one or more of the Non-Settling Defendants your claims, you must notify the Notice Administrator of the Non-Settling Defendants that you have released in a writing postmarked by the Exclusion deadline set forth below.  If you want advice about your options, please contact the Notice Administrator or Class Counsel.

To learn more about how to file an exclusion request, or how to notify the Notice Administrator of Non-Settling Defendants against whom you have released claims, go to www.TunaDirectPurchaserCase.com.  Exclusion requests must be postmarked by June 12, 2023.

Class Counsel is available to discuss your options with you or your counsel if you have any questions or uncertainty about how you should proceed. 

IF YOU ARE UNCERTAIN ABOUT YOUR LEGAL RIGHTS, YOU MAY WANT TO CONTACT CLASS COUNSEL BEFORE DETERMINING HOW YOU PROCEED.

The Trial

The Court has indicated that it intends to set dates for trial in the near future.  Go to www.TunaDirectPurchaserCase.com, for updates regarding a trial date.  You do not have to attend the trial if you remain in the Litigation Class and do not exclude yourself.  Class Counsel will present the case for the Litigation Class.

Questions? 

For more information go to www.TunaDirectPurchaserCase.com, call toll-free 1-866-615-0970, or contact Class Counsel directly at:

Hausfeld LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
415-633-1908
[email protected]

Please do not contact the Court.

Register at www.TunaDirectPurchaserCase.com to receive updates regarding the progress of the litigation.

SOURCE JND Legal Administration