The federal judge overseeing sprawling antitrust litigation against major U.S. poultry producers has urged both sides to make a final push toward settlement, warning that the cost, time and risk of continuing into the next phase of the case will only intensify.
In a docket entry dated Dec. 28, U.S. District Judge Sunil R. Harjani called on consumer plaintiffs and a long list of turkey processors to reassess their positions before summary judgment briefs are due on Jan. 12.
“The parties have put in an enormous amount of work in 2025,” Judge Harjani wrote. “However, the amount of work required in 2026 with summary judgment, Daubert, pretrial, and trial work will be even more enormous.” He pointed to the mounting burden of attorneys’ fees, litigation costs and uncertainty, adding that the parties should “consider reasonable settlement terms and not be stubborn about their positions.”
Judge Harjani directed counsel to share the order with their clients and other decision-makers and to attempt “one last settlement effort” before the case moves forward.
The litigation dates back to 2019, when purchasers of turkey products accused leading processors of conspiring to restrict supply and inflate prices. The buyers allege that companies including Jennie-O, Butterball, Cargill, Hormel and Perdue exchanged sensitive pricing and production data through Agri Stats Inc., a data analytics firm used widely across the poultry industry.
Earlier this year, the court certified two buyer classes: one consisting of direct purchasers and another made up of commercial and institutional indirect buyers that purchased turkey products between Jan. 1, 2010, and Dec. 31, 2016. At the time, Judge Harjani said plaintiffs had shown it was possible to rely on common evidence to demonstrate that “all or nearly all class members suffered antitrust injury as a result of the alleged conspiracy.”
Some defendants have already reached settlements. In early 2025, Judge Harjani approved a $4 million agreement between Cargill and the indirect purchaser class, under which the company also agreed to provide cooperation, including trial testimony and document authentication, to support claims against remaining defendants. Cargill separately agreed to pay $32 million to settle with direct buyers, a deal that received preliminary approval in January.
The plaintiffs have also secured a $4.62 million settlement with Tyson.
The buyer classes are represented by Cuneo Gilbert & LaDuca LLP, Barrett Law Group PA and Clifford Law Offices PC. Defense counsel include Proskauer Rose LLP, Faegre Drinker Biddle & Reath LLP, Venable LLP, Falkenberg Ives LLP, Mayer Brown LLP, Clausen Miller PC and Dentons US LLP.
The case is In re: Turkey Antitrust Litigation, No. 1:19-cv-08318, pending in the U.S. District Court for the Northern District of Illinois.
