Class Members Eligible for the Eggs Product Antitrust Settlement:
All individuals and entities that purchased Shell Eggs from caged birds in the United States directly from Defendants during the Class Period from 9/24/2004 through 12/31/2008.
Excluded from the Class are Defendants, their co-conspirators, and their respective parents, subsidiaries and affiliates, as well as any government entities. Also excluded from the Class are purchases of “specialty” shell eggs (such as “organic,” “certified organic,” “free range,” “cage free,” “nutritionally enhanced,” or “vegetarian fed”) and purchases of hatching eggs, which are used by poultry breeders to produce breeder stock or growing stock for laying hens or meat.
Eggs Product Settlement Case History:
Plaintiffs allege that Defendants conspired to decrease the supply of eggs which caused the price of eggs to artificially increase and direct purchasers to pay more for Shell Eggs and Egg Products than they would have otherwise paid. Defendants have denied all liability for this conduct and asserted that their conduct was lawful and/or exempt from the antitrust laws, among other defenses. On 9/18/2015 (as amended 11/12/2015), the Court certified a Litigation Class of all individuals and entities that purchased Shell Eggs (but not Egg Products) in the United States directly from Defendants. On 2/2/2016, the Court defined the Litigation Class Period as 9/24/2004 through 12/31/2008.
After engaging in settlement discussions both formally and informally, Plaintiffs and MFI reached a Settlement on December 8, 2016. The MFI settlement is between Plaintiffs and MFI only; it does not affect any of the Non-Settling Defendants against whom this case continues. Pursuant to the terms of the MFI Settlement, Plaintiffs will release MFI from all pending claims. In exchange, MFI has agreed to pay $75 million into a settlement fund to compensate Class Members, and to cooperate with Plaintiffs prior to and at the time of trial of the claims against the Non-Settling Defendants. If Class Members whose combined annual purchases of Shell Eggs from MFI, Non-Settling Defendants, or other settling Defendants over the Class Period equal or exceed a threshold percentage of Total Sales by those Defendants, as agreed to by Plaintiffs and MFI under a separate agreement provided to the Court for in camera review, choose to exclude themselves from the MFI Settlement, MFI has the right to terminate the Settlement.
On June 26, 2017, the Court granted preliminary approval of the MFI Settlement, finding it sufficiently fair, reasonable, and adequate to warrant notifying the Settlement Class. It is the opinion of Class Counsel that the Settlement Agreement with MFI is fair and reasonable and in the best interests of the Class.
The Court has previously granted final approval to the following settlements:
- Sparboe Settlement—Plaintiffs settled with Defendant Sparboe Farms Inc. for cooperation that substantially assisted Plaintiffs in prosecuting the claims in this Action.
- Moark Settlement—Plaintiffs settled with Defendants Moark, LLC, Norco Ranch, Inc., and Land O’Lakes, Inc. (“Moark Defendants”) for $25 million and cooperation. This Settlement Fund has been distributed to the Settlement Class.
- Cal-Maine Settlement—Plaintiffs settled with Defendant Cal-Maine Foods, Inc. for $28 million and cooperation. The submission deadline for claims in this settlement has passed and funds will be distributed in the coming months.
- NFC Settlement—Plaintiffs settled with NFC for $1 million and cooperation.
- Midwest Settlement—Plaintiffs settled with Midwest for $2.5 million and cooperation.
- UEP/USEM Settlement—Plaintiffs settled with Defendants UEP and USEM for $500,000 and cooperation.
- NuCal Settlement—Plaintiffs and NuCal settled for $1,425,000 and cooperation.
- Hillandale Settlement—Plaintiffs and Defendants Hillandale Pa. and Hillandale-Gettysburg settled for $3 million and cooperation.
The Defendants remaining in this case are: Rose Acre Farms, Inc.; Ohio Fresh Eggs, LLC; & R.W. Sauder, Inc. (collectively, “Non-Settling Defendants”).
Our Class Action Settlement Services:
CAC Recovery navigates the complex intricacies of the Eggs Product Antitrust Settlement claims filing process to help businesses maximize their settlement recoveries.
Our class action settlement services include:
- Identifying class action claims where businesses may be eligible to file
- Filing the class action claim with supporting documentation
- Interacting with the class action Claims Administrator
- Providing updates on class action claim settlements status
- Resolving Claims Administrator questions on claims
- Reviewing the recovery to assure the correct compensation claims amount has been received
Our Guarantee: We Get Paid When You Recover – No hidden charges or up-front fees. We provide our class action settlements services based on a contingency fee.
Getting Started is easy! If you represent a business we’ll first have you fill out our ‘Get Started‘ form and a CAC representative will contact you within 24 hours to review your eligibility and walk you through the claims process.