In addition to the admission from the proposed class that extra services might justify higher costs, Judge Brooks pointed out that the comparator plans varied widely in total assets, further weakening the plaintiffs’ case.
Next Steps for the Plaintiffs
Paul Secunda, an attorney for the plaintiffs, stated on Wednesday that an amended complaint would be filed soon to address the court’s concerns comprehensively.
Legal Representation
The workers are represented by Randall K. Pulliam of Carney Bates & Pulliam PLLC and Paul M. Secunda of Walcheske & Luzi LLC. Tyson Foods is represented by Jeremy P. Blumenfeld, Sean McMahan, Christopher Diffee, and Mat McKenna of Morgan Lewis & Bockius LLP, as well as Karen P. Freeman and Colt D. Galloway of Mitchell Williams Selig Gates & Woodyard PLLC.