June 14 (Reuters) - In a setback for litigation finance
company Burford Capital, a judge in Chicago ruled on
Friday that national food distributor Sysco ( SYY ) cannot back
out of price-fixing settlements with meat industry giant
Pilgrim's Pride.
U.S. District Judge Thomas Durkin said Sysco's ( SYY ) settlement
with Pilgrim's Pride was enforceable despite opposition from
Burford, which had helped bankroll the litigation and argued
that the deal was never finalized.
The judge said emails between Sysco ( SYY ) and Pilgrim's confirmed
the accord.
The dispute between Sysco ( SYY ) and Pilgrim's Pride has been
closely watched by the litigation funding industry, which
provides financing to clients in exchange for a part of any
settlement or other judgment.
Burford had spent $140 million since 2019 backing Sysco's ( SYY )
antitrust cases, court documents show, and had opposed Sysco's ( SYY )
decision to settle for amounts that the funder considered to be
too low. Burford and Sysco ( SYY ) resolved their dispute, and Sysco ( SYY )
last year transferred its antitrust claims to Burford's newly
created unit Carina.
Sysco ( SYY ) on Friday declined to comment. Pilgrim's Pride did not
immediately respond to request for comment. The amounts of the
settlements, which would resolve claims that Pilgrim's Pride
fixed prices for beef, pork and chicken, were not publicly
disclosed. Pilgrim's Pride denied the claims.
In a statement, a Burford spokesperson said it was
"concerning that the court has today opted to enforce a supposed
agreement that the parties clearly never viewed as binding."
The Sysco ( SYY ) cases were part of a broader wave of price-fixing
claims against Pilgrim's Pride and other leading processors.
Other plaintiffs, also including consumers, have reached
settlements in some of the cases worth hundreds of millions of
dollars.
In Minnesota, JBS USA this month asked a U.S. judge to
enforce the terms of Sysco's ( SYY ) settlement with the company.
Burford had disputed Sysco's ( SYY ) settlement with JBS. JBS did not
respond to a request for comment.
In the Pilgrim's Pride case, Durkin acknowledged Sysco ( SYY ) and
Burford did not execute a final signed agreement. But the judge
said corporate emails from late 2022 "demonstrate an agreement"
between the two sides.
"That is sufficient objective evidence of an agreement to
enforce it," Durkin wrote.
Durkin said his order covers Sysco's ( SYY ) settlement with
Pilgrim's in lawsuits in Illinois and Minnesota. He rejected
Burford's argument he had no power to enforce a "global"
settlement involving claims in another state.
The case is In re Broiler Chicken Antitrust Litigation, U.S.
District Court for the Northern District of Illinois, No.
1:16-cv-08637.
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