June 30 (Reuters) - Litigation financier Burford Capital
on Monday persuaded a U.S. judge to allow one of its
subsidiaries to press a price-fixing lawsuit accusing leading
turkey producers of overcharging prices, even though the company
has not purchased any food from them.
Chicago-based U.S. District Judge Sunil Harjani rejected
arguments from Tyson Foods ( TSN ), Perdue Farms, Hormel Foods ( HRL ),
Butterball and other producers that allowing Burford subsidiary
Carina Ventures to pursue the antitrust claims ran afoul of
public policy.
Litigation funders provide financial support to clients in
exchange for a part of any settlement or judgment. Burford is
the world's largest litigation finance provider.
In his ruling, Harjani said that "as litigation funders
continue to be involved in the legal system, the bounds of their
viability will be tested." But he said it was up to lawmakers to
craft policies restricting the extent of litigation funders'
participation in lawsuits.
Tyson, Perdue, Hormel and Butterball did not immediately
respond to requests for comment.
Burford declined to comment.
Burford's Carina sued the turkey producers in 2023, after
the funder acquired security rights to claims that were once
held by Burford client Sysco Foods.
Sysco was never a plaintiff in the turkey litigation, but
Burford has spent $140 million since 2019 backing antitrust
claims by food distributor Sysco against Tyson and other meat
processors in other cases.
Harjani said the turkey defendants have not provided any
evidence that Burford and Carina engaged in any misconduct.
The judge called Sysco a "large and sophisticated
corporation" that does not need the defendants or the court
second-guessing its business or litigation decisions.
Harjani said it was the job of Congress to write statutes
and rules governing federal litigation.
The case is In re: Turkey Antitrust Litigation, U.S.
District Court for the Northern District of Illinois, No.
1:19-cv-08318.
Read more:
Litigation funder fires back at Tyson Foods ( TSN ) over settlement
interference claims
Sysco can't scrap its Pilgrim's Pride price-fixing
settlements, US judge rules
Burford litigation funder's Carina Ventures sues US turkey
suppliers in antitrust case