A partial settlement has been reached in the United States District Court for the Southern District of California with Tri-Union Seafoods, LLC, in antitrust litigation about packaged tuna. The defendant conducts business as Chicken of the Sea International, and Thai Union Group, PCL (together referred to in this case as COSI). According to the complaint launched by the plaintiffs, COSI and other companies conspired to unlawfully raise, fix or maintain the price of packaged tuna products. This action was in complete violation of unfair competition and antitrust laws. However, the partial settlement is going to only settle the claims made against COSI who are the defendants in the case. They comprise of StarKist Company, its parent company Dongwon Industries Co. Ltd., Bumble Bee Foods, LLC, and its parent company Lion Capital (Americas), Inc. Presently, the case is ongoing against StarKist, Dongwon, and Lion America as Bumble Bee is in bankruptcy.
The plaintiffs, in this case, are known as the End Payer Plaintiffs or EPPs. The court certified a class of EPPs and selected Wolf Haldenstein Adler Freeman & Herz LLP to act as Class Counsel. A three-judge panel of the Ninth Circuit Court of Appeals vacated the District Court’s order on 6th April 2021 and remanded it to the District Court for further consideration. The Court of Appeals vacated the April 6, 2021 decision on August 3, 2021, following a vote of non-recused active judges ordering the case to be reheard by an eleven-judge panel. An oral argument was held on 22nd September 2021 ahead of this larger panel. While COSI has denied most of the allegations made by EPPs and has asserted multiple defenses to their claims, they have decided on settling this action for avoiding the risks and uncertainties of further litigation.
Class Members can set an exclusion request within 13th May 2022 if they do not wish to be legally bound by the COSI Settlement. On exclusion, the class members will not receive any benefits of the COSI Settlement. However, they will retain the right of suing COSI for the claims in this case. You may write to the court within 13th May 2022 and object to the COSI Settlement if you do not exclude yourself. Here you will have to explain why you do not agree with the COSI Settlement. Even after the rejection of your objection, you will be bound by the COSI Settlement. By doing nothing, you will lose all COSI Settlement benefits but will be bound by the COSI Settlement. Your right to sue COSI for the claims shall also be lost in this case.
Eligibility For Making Claim: The COSI Settlement class comprises all persons and entities who resided in Arkansas, Arizona, California, Florida, the District of Columbia, Guam, Iowa, Hawaii, Maine, Kansas, Michigan, Massachusetts, North Carolina, Minnesota, North Dakota, Mississippi, Oregon, Missouri, Rhode Island, Nebraska, South Carolina, Nevada, South Dakota, New Mexico, New Hampshire, New York, West Virginia, Virginia, Wisconsin, Vermont, Utah, Tennessee and indirectly purchased packaged tuna in pouches or cans weighing less than forty ounces for end consumption and not for resale, that were manufactured between 1st June 2011 to 1st July 2015 by any of the defendants in the case of its former or current subsidiary or affiliate thereof or any co-conspirator. Class Members do not constitute persons or entities who purchased meal kits.
Proof Of Purchase: No proof of purchase is required to file a claim under this settlement.
Potential Claim Amount: COSI Settlement Class Members submitting a valid approved claim on time are entitled to equal treatment and receipt of compensation in pro-rata share of the net settlement fund. However, the funds shall not be distributed by the Claims Administrator until all the claims against the remaining defendants have been exhausted. It is estimated that the claimants shall roughly receive $10.50 for every 200 cans purchased if no further money is recovered. Payments less than $5 shall not be paid out. COSI has decided to pay a maximum of $20 million towards the class action settlement of which $5 million will be used for administering notice. The remaining $15 million will be distributed among qualifying Class Members and also for paying litigation expenses incurred to date for $4,155,027.67.
Though no reimbursement money for attorney’s fees will be sought by the Settlement Class Counsel from the COSI Settlement, the Counsel has the right to seek an award of attorney fees from the money recovered from the non-settling defendants through trial, settlement, or judgment based in part on the benefit offered by the COSI Settlement. COSI will also render support to EPPs in their litigation against all non-settling Defendants.
Claim Form: TunaEndPurchaserSettlement.com
Deadline For Submitting Claim: August 22, 2022
Final Hearing Date: The final hearing will be held by the court on 15th July 2022 for considering whether the proposed COSI Settlement will receive the approval of being reasonable, fair, and adequate. The Court will also decide on the amount to be paid to the Class Counsel as litigation expenses. Class Members or their attorneys might ask to appeal and speak at the hearing. All the related expenses will have to be borne by the class members if they decide to appear at the final hearing. On completion of the hearing, the Court will decide on whether the COSI Settlement will be approved or not.
Settlement Pool: $15 million till now.