The court also dismissed Maxwell’s claims regarding pricing disparities with Murphy-Brown (Smithfield’s subsidiary), as Maxwell had known about these discrepancies since 2015 but did not file suit until 2020, making the claim time-barred under state law.
Judge Conrad, however, allowed Maxwell’s claim of underpayment using the “live-weight formula” to proceed to trial, ruling that if the allegations were true, it would constitute a breach of contract.
Maxwell has expressed its intent to present its case to a jury. The company’s legal team remains optimistic about recovering damages from Smithfield for the losses incurred due to the alleged breaches.
Counsel for Smithfield did not immediately respond to requests for comment.
The case is Maxwell Foods LLC v. Smithfield Foods Inc., case number 2020CVS1430, in the North Carolina Business Court.
