Several of the largest players in the U.S. pork industry—including Tyson Foods, Smithfield Foods, Seaboard Foods, and Agri Stats—have filed a motion to vacate recent court rulings and called for the recusal of U.S. District Judge John R. Tunheim. The motion, submitted April 28, 2025, cites a conflict of interest involving a judicial law clerk as grounds for both the recusal and the reversal of the Court’s March 31 summary judgment decisions.
The defendants argue that the law clerk, who allegedly performed substantive work on critical motions in the case, has both prior and pending ties to entities suing protein producers in similar antitrust cases. According to the motion, the clerk previously worked for multiple firms involved in parallel litigation targeting Agri Stats and currently holds a job offer from Robins Kaplan LLP—a lead plaintiffs’ firm in the ongoing suit. Additionally, the clerk reportedly interacted with plaintiffs’ attorneys on social media and in the courtroom, which defendants argue creates at least an appearance of impropriety.
At the center of this high-stakes litigation is the accusation that Agri Stats facilitated the exchange of sensitive competitive data between major meat producers, contributing to inflated pork prices through coordinated production strategies. Judge Tunheim’s March 31 rulings leaned heavily on the plaintiffs’ expert testimony, characterizing Agri Stats as “the most suspicious and suggestive element in this case,” while allowing the core antitrust claims to proceed and dismissing Hormel Foods due to its limited involvement in the Agri Stats system.
The defendants insist that the structural fairness of the proceedings has been compromised and are urging the court to set aside its recent decisions, regardless of whether actual bias can be proven.
🕒 Timeline of Key Events
2009
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Alleged start of coordinated efforts among pork producers to limit supply and raise prices using third-party data from Agri Stats.
2018
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A class-action lawsuit is filed against several pork companies accusing them of collusion and price-fixing.
June 9, 2021
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The Judicial Panel on Multidistrict Litigation consolidates the pork antitrust cases under Judge Tunheim in the District of Minnesota.
September 28, 2023
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The U.S. Department of Justice sues Agri Stats, alleging the company facilitated anti-competitive practices among meat processors.
March 31, 2025
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Judge Tunheim rules in favor of allowing antitrust claims to proceed, particularly against Agri Stats and other major defendants, while dismissing Hormel Foods.
April 15, 2025
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The court issues a sealed letter in response to concerns about a clerk’s involvement and potential conflicts.
April 28, 2025
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Defendants file a motion to vacate the March 31 rulings and seek Judge Tunheim’s recusal, citing the law clerk’s ties to plaintiffs’ firms and conduct that could compromise judicial impartiality.
