Global Competition Review: Judge Declares Second Mistrial in Broiler Chicken Case

March 30, 2022

Chief Judge Phillip Brimmer of the US District Court for the District of Colorado declared a mistrial in a case against 10 poultry executives accusing them of fixing chicken prices. Judge Brimmer ordered a new trial to start on June 6, but said that, “If the government thinks that the 10 defendants and their attorneys and my staff and another group of jurors should spend six weeks retrying this case after the government has failed in two attempts to convict even one defendant, then certainly Mr. Kanter has the time to come to Denver and explain to me why the Department of Justice thinks that that is an appropriate thing to do.” During closing arguments, Michael Tubach, counsel to former Pilgrim’s Pride CEO Jayson Penn, said, “Where are the witnesses? This is supposed to be a price-fixing case, so where are the witnesses who got on that stand and told you that Jayson Penn fixed prices with anyone?” Tubach, Anna Pletcher, and Brian Quinn of O’Melveny represent Jayson Penn.

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