Cert denied in Tyson Farms case

William Mitchell College of Law student, Phil Zarko, prepared this post.

Recently, the Supreme Court denied certiorari and will not hear a case from a Tennessee poultry producer against Tyson Farms, Inc.  The Supreme Court did not say why they will not hear the case, although the issue was not about whether there were violations, but (according to the Ag Law blog) “whether an injury to competition must be pleaded and proved to establish liability for violation of the Packers and Stockyards Act, and also whether courts should have deferred to USDA decisions that a showing of injury is not required.”  Presumably that means that the plaintiff did not or could not show injury.

    In Terry v. Tyson Farms, Inc., the plaintiff poultry farmer filed an action against the poultry processing firm under the Agricultural Fair Practices Act (AFPA), alleging unlawful interference and discrimination based on his membership in a growers' association, and the Packers and Stockyards Act (PSA), alleging that the firm engaged in unfair, discriminatory, or deceptive practices and subjected him to undue or unreasonable prejudice or disadvantage.  The Court affirmed the dismissal of the suit by the District Court, holding that Terry failed to show on injury and therefore lacked standing to bring the case.

Thanks, Phil!