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Pickett Plaintiffs Denied Any Victory Tiffs, Including a $1.28 Billion Court Focused on Only a Few Spe- Strom Did Reduce Those Costs to by Steven D

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Pickett Plaintiffs Denied Any Victory Tiffs, Including a $1.28 Billion Court Focused on Only a Few Spe- Strom Did Reduce Those Costs to by Steven D The National Livestock Weekly September 6, 2004 • Vol. 83, No. 47 “The Industry’s Largest Weekly Circulation” www.wlj.net • E-mail: [email protected] • [email protected] • [email protected] A Crow Publication Pickett plaintiffs denied any victory tiffs, including a $1.28 billion court focused on only a few spe- Strom did reduce those costs to By Steven D. Vetter damage suggestion, the plain- cific issues in granting defen- $70,198.60, but said the plaintiffs WLJ Editor tiffs cannot claim a victory be- dant’s motion for judgment as a were still liable for those costs since The judge that overturned the ju- cause the verdict was overturned. matter of law, the court’s order they were not the “prevailing par- ry’s ruling in the country’s first ma- “Essentially, plaintiffs contend renders defendant the sole pre- ty” in the case. jor beef processing price fixing law- that the court should consider vailing party....It would be im- suit recently clarified his final de- them a prevailing party because proper for the court to consider Background cision and said the plaintiffs can’t they proved some, but not all, of plaintiffs a prevailing party....” The case was originally filed in even claim a partial victory. In ad- the essential elements of their Strom’s ruling last month fol- July 1996 after St. Francis, KS, dition, he said plaintiffs still must claim. The court disagrees,” said lowed a mid-May objection from cattle producer Mike Callicrate pay legal costs to the country’s Strom, in his formal ruling. “In Plaintiffs must pay the plaintiffs about Strom’s de- formed the Cattlemen’s Legal Fund largest beef processor; however, this case, plaintiffs did not pre- cision mandating them to pay to develop and finance a lawsuit that amount was reduced from vail, in whole or in part, at the $70,000 to Tyson. $111,569.99 to Tyson for legal against packers involved in per- original levels. district court level. In a case such Appeal hearing fees and other costs related to ceived anti-trust activities. IBP Inc. According to District Court Judge as this, where there was but one the suit. The plaintiffs used their was the original defendant in the Lyle Strom, even though the jury claim before the court, both par- expected early 2005. “partial victory” argument in case, however, the company was in Pickett, et al. v. Tyson Fresh ties cannot be considered pre- challenging the defendant’s Bill bought by Tyson Foods Inc. in 2001, Meats ruled in favor of the plain- vailing parties. Although the of Costs. and the case’s name was changed accordingly. Callicrate and nine other pro- While heavier-than- ducers received enough backing Japan normal rains have really to file the complaint, which was eventually changed to a class-ac- helped developed lush, tion suit. denying high producing pasture The case finally went to trial this forage this summer, past January in front of a jury in the Middle District Court of Alaba- any BSE ruminant health special- ma, Northern Division, Mont- ists have said that stock gomery, AL. On February 17 the ju- progress ponds could be harbor- ry said Tyson was guilty of unfair- ing larger-than-normal See Pickett on page 12 — Reports of BSE populations of algae, testing exemption some of which are toxic premature. to livestock, particularly Feds By Steven D. Vetter ruminants. The problem WLJ Editor could be severe in areas Japan and the U.S. continue hit by drought the past slide to play a game of cat and mouse, it appears, in the ongoing situ- few years. See related ation concerning U.S.-Japan story on page 11. beef trade. to $80 Japanese Democratic Party — Southern sellers members and officials with the country’s Ministry of Agricul- resist $79, hope for ture, Forestry and Fisheries $81-plus. (MAFF) both recently indicated Continuing lackluster beef de- that last month’s USDA an- Equine WNV under control mand, much smaller-than-nor- nouncements claiming a resolu- mal processing levels and a sig- tion in the BSE situation were — West Coast asked why 35 percent of the total cases on the West Coast. Only one case nificant drop in the cattle fu- premature. Specifically refuted to prepare for disease. in the U.S. have occurred in Cali- was reported in California in 2003, tures complex led to fed cattle was USDA Secretary Ann Ven- fornia this year. Last week was and zero cases in Nevada, Idaho, trading at mostly $80-81 live, eman’s claim that Japan was By Sarah L. Swenson the deadliest so far for the state, Washington, or Oregon. $128 dressed for their slaughter- working on a plan to exempt WLJ Associate Editor with 22 horse deaths linked to The rest of the Western states ready cattle last week. Those younger cattle from BSE testing West Nile Virus (WNV) cases in West Nile. saw outbreaks from 35 head to the prices were $2-5 lower than last protocol. horses have decreased by 83 percent In the past couple of years since 717 cases seen in Texas in 2003. week’s, with the largest drops the WNV has become an epidemic This year, California has played “That is not factual,” Mamoru from last year at this time, giving being seen in the dressed mar- in the U.S., USDA APHIS veteri- catch up and is now the hardest hit Ishihara, vice minister of MAFF, producers the sense that the virus ket. narians were scratching their heads of any state’s herd with 122 cases re- said last week, in reference to is under control. However, this is not As of press time last Thurs- wondering why the virus was tak- ported by USDA APHIS as of Au- Veneman’s remarks during an the case in every western state and day, there was only moderate August 26 press conference. certainly not in California. ing so long to get to the West coast. gust 26, and 82 of those being fatal. Last year was the first time, since Arizona and Nevada are the sec- trade in Nebraska and Iowa, Veneman said, during that Of the 50 states, 44 have seen six with southern cattle feeders news conference, “We have con- or less cases of West Nile in their the WNV introduction into the U.S. ond and third ranked states for the in 1999, that a case was even seen highest incidence of the disease. holding out for more money lat- cluded out of those technical dis- horses this year. Twenty-three er in the week. cussions that we will move for- states have had zero in- Arizona has reported 64 cases this year and Neva- “Feeders still think packers ward with an arrangement with cidence of the disease. West Nile Virus in 2004 are short enough bought that the Japanese where they will As of August 26, US- States with an Equine Case(s) • Total Case 351 da reported 38 cases, and last year Nevada had they need nearby supplies of fat not require testing of all ages of DA Animal Plant cattle, and that has them wait- Health Inspection Ser- none. Wyoming is the on- animals.” ing later in the week for what is vice (APHIS) veteri- ly other state reporting She was referring to the first hopefully more money,” said nary services reported more than 13 cases in the three rounds of meetings in late Jack Rasmussen, retired mar- July between Japan and the a total of 351 cases U.S., with 27 cases re- across the U.S. Last ported so far in 2004, ket analyst, Amarillo, TX. “They U.S., which were designed to See Markets on page 17 help break the impasse on the year at this time, US- which is still significant- beef trade row. DA APHIS had report- ly down from their last However, according to Ishihara, ed at least 2,000 cases, year total of 260 cases. USDA made the wrong assump- meaning there is a sig- Dr. Timothy Cordes, tion that those meetings have led nificant drop in the in- USDAsenior staff veteri- to a resolution of the issue. cidence of this disease narian for equine dis- “We have not yet determined in the U.S. eases, believes the reason 1 - 24 Case(s) fewer cases of WNV are what to do with Japan-U.S. ne- What has remained 25 - 199 Case(s) somewhat of a mystery 200 - 399 Case(s) gotiations, including setting a 400 - 799 Case(s) See WNV See Japan on page 7 to USDA APHIS is 800 - or More Case(s) Not Detected Updated: August 26, 2004 on page 12 INSIDE WLJ IRRADIATED BEEF — Schools RECALL LAW — A California bill TB TESTING CHANGES — US- HAMBURGER BIRTHDAY — INDEX (priority handling) in Texas, Minnesota, and Nebras- recently passed the Senate that DA APHIS recently proposed 100 years ago this summer the Beef Bits..............................P-3 (priority handling) ka have decided to offer irradiat- would require more disclosure of changes to its animal import reg- hamburger was born and has Markets ............................P-16 ed beef to students this year. US- businesses who sell meat that is ulations in reference to Tubercu- since proved to be monumental Sale Calendar ..................P-14 DA is in negotiations to purchase later recalled, or businesses that losis. The change would be that in sales for the beef industry. The Classifieds ........................P-20 the product at an affordable cost. may have been scheduled to re- any steers and spayed heifers cattle industry is helping cele- Page 3.
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