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The United States Court of Appeals for the Sixth Circuit has upheld the dismissal obtained by Miller & Martin of a complaint filed against Tyson Farms, Inc. under two federal antitrust and collective bargaining statutes. In April 2008, only three months after the complaint was filed, a federal district judge granted the motion to dismiss filed by Miller & Martin litigation attorneys Roger W. Dickson, Travis R. McDonough, and Zachary H. Greene. Miller & Martin argued that the plaintiff, a former poultry producer, failed to state a claim under either the Agricultural Fair Practices Act or the Packers and Stockyards Act, the statutes on which his complaint was based. On appeal, the Sixth Circuit affirmed the dismissal of the Packers and Stockyards Act claim, and held, as a matter of first impression, that a claimant under that statute must plausibly allege that the defendant's actions caused an injury, not just to the plaintiff, but to competition in the market. The appellate court also affirmed the lower court's dismissal of the Agricultural Fair Practices Act claim and the award of attorneys' fees to Tyson Farms. Tyson Farms is a wholly-owned subsidiary of Tyson Foods, Inc., the world's largest poultry, beef, and pork processor.
The Sixth Circuit's opinion can be read by clicking here.
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