Proposed Settlement In Broiler Grow-Out Services Class Action Announced

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Tyson Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., and Tyson Poultry, Inc. (together “Tyson”) and Perdue Foods, LLC (“Perdue”) have each agreed to settle a class action lawsuit brought against them by broiler chicken growers who allege that Tyson, Perdue and other companies unlawfully conspired to artificially reduce the amounts they paid to broiler chicken growers for Broiler Grow-Out Services. Tyson and Perdue deny that they did anything wrong and have asserted defenses to the claims against them.

Plaintiffs are broiler chicken growers that raised broilers for Tyson, Perdue, Pilgrim’s Pride, Sanderson Foods, and Koch (together, “Defendants”) and other integrators (referred to as an Alleged “Co-Conspirator” below). Plaintiffs represent a class of broiler chicken growers who have similar claims against Defendants and the Alleged Co-Conspirators.

What do the Settlements provide?
Tyson will pay $21,000,000 and Perdue will pay $14,750,000 for a total of $35,750,000 into a Settlement Fund, which will be used to pay Settlement Class members, attorneys’ fees and litigation expenses, class representative service awards, and costs for notice and Settlement administration. Tyson and Perdue will also offer certain cooperation in the ongoing litigation against the remaining non-settling Defendants, and Perdue has agreed to certain restrictions on its ability to enforce arbitration provisions against broiler chicken growers. Perdue Settlement § 10(e).

Am I eligible to receive a payment from the Settlements?
You may be eligible to receive a payment if you reside in the U.S. or its territories and were paid by any Defendant or any Alleged Co-Conspirator to provide Broiler Grow-Out Services at any time between January 27, 2013 and December 31, 2019. To learn who the Defendants and Alleged Co-Conspirators are, visit www.BroilerGrowersAntitrustSettlement.com.

How do I get a payment from the Settlements?
If you received a Pre-Populated Claim Form and the information contained therein is correct, you do not need to do anything further to receive a payment. If you disagree with the information contained in the Pre-Populated Claim Form you received, you may submit the Claim Form with corrected information and documentation. If you received an Unpopulated Claim Form, you must complete and submit that Claim Form by April 10, 2022 to receive a payment from the Settlement Funds. You may access a Claim Form from the website and submit it online or download and mail it to the address on the Claim Form. Claim Forms are also available by calling 1-833-907-3700 or emailing Info@BroilerGrowersAntitrustSettlement.com.

What are my rights?
If you are a Class member and do nothing, you will be bound by the Settlements and will give up any right to sue Tyson and/or Perdue in separate lawsuits related to the legal claims in this lawsuit. If you want to keep your right to separately sue Tyson and/or Perdue, you must exclude yourself from one or both of the Settlements by December 6, 2021. If you do not exclude yourself, you may object to one or both of the Settlements and/or ask for permission to appear and speak at the Fairness Hearing but only if you do so by December 6, 2021. Complete information is available at www.BroilerGrowersAntitrustSettlement.com.

The Court’s hearing.
The Court will hold a hearing at 10:00 a.m. CT on February 18, 2022 to decide whether to approve the Settlement, grant the requested attorneys’ fees of up to one-third of the gross Settlement amounts, litigation expenses not to exceed $3,000,000, and class representative awards of up to $50,000 each. You or your own lawyer may appear and speak at the hearing at your own expense, but there is no requirement that you or your own lawyer do so. The hearing may occur remotely, over a Zoom platform, or it may occur in person, at the United States District Court for the District of Oklahoma, located at 101 N. 5th St., Muskogee, OK 74401. Please check www.BroilerGrowersAntitrustSettlement.com for updates as to the location of the hearing.