Source: Lisa M. Keefe, MEATINGPLACE, 2/1/17



The defendants in a sprawling class action lawsuit accusing them of illegally manipulating poultry supplies to maintain high prices filed a flurry of motions last Friday, in a coordinated effort to have the case dismissed, both as a group and individually.
The case was filed last September by Maplevale Farms Inc., a distributor based in Falconer, N.Y. The case also was filed on behalf of consumers and other indirect parties and named 14 poultry companies.

The defendants filed 24 motions and memoranda in the case in one day. Each company filed a motion and supporting documentation addressing why Maplevale’s claims should be dismissed with regards to that company.

Perdue Farms and Perdue Foods, for example, argued in part that absent a direct allegation of agreement between Perdue and other companies regarding supply and pricing, that the plaintiffs must have evidence of a parallel action that would lead to the same conclusion, and that Maplevale’s complaint fails to do that.

Wayne Farms’ motion to dismiss notes that the complaint doesn’t mention any evidence that its executive participated in meetings or any communication with its co-defendants regarding the alleged price-fixing, and that therefore the case against it should be dismissed for lack of evidence.

Furthermore, the defendants filed a joint motion with respect to the action on behalf of consumers and indirect parties, arguing that other case law prohibits those parties from participating in the claims altogether.

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