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Law360: Poultry Execs Get 2nd Mistrial In Feds’ Price-Fixing Case

March 30, 2022


A Colorado federal jury was unable to reach a verdict in a retrial over price-fixing conspiracy charges against 10 chicken executives, marking the case’s second mistrial. The retrial began last month after US District Judge Philip A. Brimmer declared the first mistrial in December. The case is the first to reach trial during an ongoing criminal probe of the poultry industry. The mistrial follows a request by the defendants for judgments of acquittal last week, contending that the government failed to show any evidence of a scheme to fix chicken prices. Former Pilgrim’s Pride CEO Jayson Penn argued that the government’s witness from his company, Robbie Bryant, testified that Penn had no knowledge of any agreements to fix prices or rig bids. Jayson Penn is represented by Michael Tubach, Anna Pletcher, and Brian Quinn of O’Melveny & Myers LLP.

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