03/31/25 | Defendants’ Motion for Summary Judgment Largely Denied
On March 31, 2025, Judge John R. Tunheim of U.S. District Court for the District of Minnesota denied all but two motions for summary judgment from pork producer defendants, allowing claims for the consumer class to continue. The court heard nearly eight hours of oral argument on the summary judgment motions, which are appropriate when there are no genuine issues of material fact, and the moving party can demonstrate that it is entitled to judgment as a matter of law.
In the 232-page order, Judge Tunheim thoughtfully responded to each of the defendants’ arguments, finding that, “Plaintiffs have presented evidence that Defendants were able to make up higher costs from elevated hog prices by inflating pork prices.” The order marks a sweeping bolstering of plaintiffs’ expert analysis and investigation, upholding the rights of consumers.
“…the Court finds that Plaintiffs have produced enough evidence from which a reasonable jury could find that Defendants were in a position to control hog supply in a meaningful way, despite the role that independent hog producers play in the industry,” the order states. “This evidence of Defendants’ indirect control over hog supply, in combination with Plaintiffs’ evidence that Defendants could also directly control hog supply, leads the Court to conclude that Plaintiffs’ theory of conspiracy is not implausible just because of the large number of independent hog producers in the U.S. pork industry.”
Judge Tunheim cited the opinions of plaintiffs’ expert economists, adding, “Plaintiffs offer ample counter evidence that Defendants still had much to gain from participating in the alleged conspiracy, despite their divergent business models. …In sum, there is ample evidence supporting the plausibility of Plaintiffs’ theory of conspiracy.”
Judge Tunheim also ordered that the consumer class could move forward with their antitrust claims under the “Rule of Reason.” To win under the Rule of Reason, the consumer class must show that the defendants exchanged information, and that the information exchange hurt competition. The court said the consumer class has shown the defendants exchanged information through a company called Agri Stats. The court also said the consumer class presented enough evidence to convince a reasonable jury that, “…the features of Agri Stats reports pose a threat to competition.” The consumer class is the only plaintiff group allowed to move forward with a Rule of Reason claim.
Did you buy pork products from Tyson, Hormel or other major sellers?
You may have paid too much due to an illegal price-increasing scheme by food corporations. Fill out the form to find out your consumer rights to potential compensation »
WHAT'S THE ISSUE?
The lawsuit alleges that for years, major food corporations have illegally increased the price of pork, forcing millions of U.S. consumers to pay artificially high prices for bacon, ham, sausage and any other pork product. If you purchased pork from any of these suppliers, you may be entitled to compensation: Smithfield Foods Inc., JBS, Hormel Foods Corp., Tyson Foods, Clemens Food Group LLC and Agri Stats Inc. which own the following popular brands, among others:
- Ball Park Franks
- Bosco's
- Craft Meats San Francisco
- Hillshire Farm
- Hormel
- Jennie-O
- Jimmy Dean
- Lloyd's Barbeque
- Nathan's Famous
- SaraLee
- Smithfield
- SPAM
- Steak-eze
- Tastemakers
- Tyson
SETTLEMENT FIGURES TO DATE
The court has granted approval to the following settlements. Litigation is ongoing against the remaining defendants.
| Defendant | Status | Settlement Amount |
| Smithfield | Granted Final Approval | $75 million |
| JBS | Granted Final Approval | $20 million |
| Seaboard | Settlement Reached | $10 million |
| Hormel | Settlement Reached | $4.465 million |
| TOTAL |
$109.465 million |
|
ABOUT THE ALLEGED CONSPIRACY
According to the lawsuit, since 2014, pork producers such as Tyson, Hormel and others colluded to knowingly reduce pork production to artificially inflate prices. The pork producers engaged in a conspiracy that has cost American consumers millions of dollars over the years, according to the complaint.
The pork industry rakes in $20 billion dollars a year, and the companies involved in this lawsuit control the vast majority of the market. Hagens Berman believes that this is a conspiracy meant to extract extra profits from hard working Americans.
YOUR CONSUMER RIGHTS
The lawsuit seeks reimbursement for the alleged fraudulent price increases pushed onto consumers. Hagens Berman believes that those who unknowingly paid high prices for pork deserve compensation for the alleged wrongdoing of these major food corporations.
TOP CONSUMER RIGHTS FIRM
Hagens Berman is one of the most successful consumer litigation law firms in the U.S. and has achieved settlements valued at more than $320 billion in lawsuits against food corporations, automakers, big banks and others. Hagens Berman recently won a similar suit against the dairy industry, securing $52 million for purchasers who had been forced to pay allegedly artificially high prices. Your claim will be handled by experts in consumer law.
NO COST TO YOU
In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class's legal team.
CASE TIMELINE
Attorneys announced a second settlement in the case on behalf of pork consumers totaling $75 million. The settlement with Smithfield Foods Inc. is now pending the court’s preliminary approval. Attorney representing the class of consumers Shana Scarlett said, “Cases of this nature set the law straight that massive corporations – including those responsible for feeding the vast majority of American families – should not be allowed to get away with illegally conspiring to raise prices. Antitrust violations pose serious consequences for everyday consumers, and often they have absolutely no knowledge of the scheme behind the price tag. We are pleased to have reached this settlement and will continue to litigate this case against the remaining defendants.” The total settlements reached in the case now totals $95 million.
On Apr. 2, 2021, Judge John R. Tunheim of the U.S. District Court for the District of Minnesota granted preliminary approval of a settlement on behalf of consumers who purchased pork products at inflated prices since 2009. Of the total defendants in this lawsuit against major pork producers, JBS USA Food Company, JBS USA Food Company Holdings and Swift Pork Company have now reached settlements. The firm looks forward to continuing litigation against the case’s remaining defendants.
Chief Judge John R. Tunheim denied defendants’ motions to dismiss federal antitrust claims the class action, allowing the case for consumers to continue. In the 87-page order and opinion, Judge Tunheim wrote, “The Court will deny the Defendants’ joint Motion to Dismiss because Plaintiffs’ Amended Complaints sufficiently plead parallel conduct and a continuing violation to state plausible Sherman Act claims.”
