Feeders urged to file for JBS settlement

Many cattle feeders are likely qualified to file claims to share in the JBS class action settlement in the anti-trust case against the “Big 4” packers.

R-CALF USA, a plaintiff in the case, urges eligible feeders to submit claims in order to be included in the payout from the JBS $83.5 million settlement.

The settlement website, http://www.CattleAntitrustSettlement.com, informs both cattle feeders and futures traders of the details of the settlement. The website also provides instructions as to how claims can be filed (in hard copy or online), and how persons can object or opt out of the settlement.

R-CALF USA urges those who meet the Settlement Classes’ description above to review the information on the website and submit claims before the September 15, 2025 deadline established by the Court.

The “Settlement Classes” include cattle feeders who directly sold fed cattle for slaughter to Tyson, JBS, Cargill, and/or National Beef from June 1, 2015 to February 29, 2020 and/or for persons who held a long position in live cattle futures traded on the CME prior to June 1, 2015 and subsequently liquidated that long position through an offsetting market transaction at any point prior to November 1, 2016, subject to certain exceptions explained on the settlement website.

R-CALF USA Vice President Eric Gropper, Long Valley, South Dakota, points out that cattle feeders or traders need not belong to any particular trade association in order to submit a claim.

“This settlement is not specifically for R-CALF USA members,” said Gropper. “Obviously they can qualify, but so can members of other organizations and those who don’t belong to any organization.” 

“We brought this case to help the whole industry, and not R-CALF USA specifically, who is not seeking damages in the case.”

Patrick McGahan with Scott+Scott based in Colchester, Connecticut, who is Court appointed lead counsel for the cattle feeder class, said the total figure to be distributed among all class action participants will be the net settlement sum, which is $83.5 million less court approved costs, such as attorney fees, etc.

McGahan explained that the names of those who submit claims will not be shared with JBS or with the other defendants in the suit: Cargill, National Beef (Marfrig) and Tyson.

“When someone submits a claim, basically they are saying ‘I would like a share of the settlement sum. This is my detail: how many cattle I sold, to whom, my name, how I would like to receive payment, etc,'” he explained.  “They do not have to make any claim against the packers”.

The settlement sum will be divvied up based on the number of claims received and will be weighted based on the number of cattle each sold and/or long futures positions they held. Those who sold more cattle will receive a larger percentage of the settlement.

A third party company appointed by the Court called a “claims administrator” will review the data submitted to ensure claims are legitimate. McGahan said his firm and the claims administrator could both see the evidence the class members submitted to support how many cattle they sold or futures positions they held (think close-outs sheets and brokerage statements), but that information won’t be shared with the packers.

The law firm and claims administrator will keep information for those who submit claims, and if other packers offer to settle, the feeders’ information will already be available to access that settlement, also, said McGahan.

“If there is a subsequent settlement or judgment against one or more of the remaining Defendants (ie another pot of money is created) those who participate in this settlement can also participate in that settlement or judgment proceeds. We intend to set it up such that anyone who submits a valid claim to participate in the JBS settlement will effectively be automatically included in any subsequent settlement / judgment amount subject to their right to opt out,” he explained.

He also pointed out that those who submit claims aren’t necessarily “endorsing” the suit, and that JBS’s settlement is not an admission of guilt.

The suit, which will go forward, alleges Tyson, National Beef (Marfrig) and Cargill (JBS is removed from this part of the lawsuit because of the settlement) conspired to suppress the price of fat cattle from June 1, 2015 to Feb. 29, 2020 and live cattle futures in effect June 1, 2015.

The live cattle and futures price suppression allegations are one part of a much bigger lawsuit, said McGahan. He said the various plaintiffs’ motions to certify the case as a class action will be fully briefed in about a week, at which time the court is expected to hold a hearing to decide whether to certify the class action.

Assuming that is granted, the next step will likely be summary judgment where the two sides will argue about whether or not there discovery unearthed sufficient evidence to warrant going to jury trial with the case.

“We will argue that there is enough evidence. We probably won’t get a decision on whether this should go to jury trial until the second half of 2026,” said McGahan.

“This is an enormous case,” he said.

“One of the largest multidistrict litigations in the country,” he said. In addition to the class of cattle feeders and futures traders his firm represents, there are four other classes – feeder cattle sellers, those who buy beef directly from the defendants, those who buy beef indirectly for resale (e.g., restaurants) and a class of individuals consumers who purchase beef for home consumption.  “Additionally the litigation includes individual claims brought by large beef purchasers such as McDonalds,” he said. McGahan said there are over 100 parties to the case, so “it takes some time for the court to move it along.”

He said the Court will look at many different aspects when making a decision on whether or not to move forward with a jury trial, and that it may not give a straight yes or no answer.  That is the Court can determine that some but not all of the plaintiffs have sufficient evidence, that some of the packers were conspiratorial and some weren’t, or that the conspiracy lasted for a shorter period that plaintiffs allege

“Think of it as a pie, the court can chop some of the pieces off before it goes to the jury” he said.

Tyson, Cargill and National Beef (Marfrig) have not reached settlements with any of the class plaintiffs. JBS has reached settlements with several but not all.