Supreme Court Will Not Review Judgment-Sharing Agreement Among Defendants in Broiler Chicken Case

By: Alyse F. Stach (BakerHostetler/Antitrust Advocate)

In its January 8 order list, the Supreme Court chose not to entertain an appeal related to a “judgment sharing agreement” among major U.S. meat-supplier defendants in the Broiler Chicken antitrust case (In re Broiler Chicken Antitrust Litigation, N.D. Ill. Case No. 1:16-cv-08637).

This agreement allows defendants to share any adverse judgment related to the case proportionally. Broiler chicken buyers had requested the court to review the agreement, contending that it hampers their ability to negotiate settlements in the case.

According to the judgment-sharing agreement, a defendant can opt out if it enters into a “qualified settlement,” wherein the settling plaintiffs must agree to subtract the settlement amount from any future judgments in the case. Plaintiffs argued that the agreement protected the defendants from the impact of joint and several liability.

The Broiler Chicken case, initiated in 2016, is ongoing and alleges that the largest producers of broiler chicken conspired to fix, raise, and maintain prices of broiler chicken…

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