An illegal conspiracy to artificially increase, fix, maintain, or stabilize packed tuna product prices occurred between June 1, 2011, and July 1, 2015, according to the EPPs. They say that the defendants violated antitrust and unfair competition statutes. It was announced that Wolf Haldenstein Adler Freeman & Herz LLP had been designated as the class counsel in July of this year. An appeals panel of the Ninth Circuit Court of Appeals overruled the District Court’s judgment on April 6, 2021, and directed the District Court to re-examine its decision. The Court of Appeals overruled April 6, 2021 ruling and instructed an eleven-judge panel to allow a new hearing in the matter on August 3, 2021, after a vote of unchallenged active justices. On September 22, 2021, oral arguments were made before this colossal panel. In the meanwhile, all parties are waiting for a decision. On their website, openclassactions.com/settlement tuna.php, they will publish case updates.
Only COSI is involved in the proposed deal. Despite COSI’s denials of many of EPP’s claims, both parties have decided to settle this case to avoid the uncertainty and hazards of future litigation.
Are you a member of the COSI class action lawsuit?
People and entities in the U.S. states and territories of Arizona (and its territories), Arkansas (and its territories), California (and the District of Columbia), Florida (Guam), Hawaii (and its territories), Iowa (and its territories), Kansas (and its territories), Maine (and its territories), Massachusetts (and its territories), Michigan (and its territories), Minnesota (and its territories), Missouri (and its territories), Nebraska (and its territories), New Hampshire (and its territories), New Mexico (and its territories), North Carolina (and its territories), Star-Kist and Lion America have been named as defendants in the EPPs’ Canned Tuna Class Action complaint. Bumble Bee has gone out of business.
What benefits does the partnership with COSI bring?
Up to $5 million of COSI’s $20 million will be available for handling the notice. The remaining $15 million will be distributed to eligible members of the class and used to cover the $4,155,027.67 in court fees that have already been expended. Class Counsel will not seek reimbursement of lawyers’ costs from the COSI agreement. Still, they retain the right to seek an award of attorneys’ fees from any money collected from non-settlement defendants via the settlement or trial, or verdict. COSI will also support non-settlement defendants in their cases. If the settlement fund is depleted, COSI class members who promptly submit a properly authorized claim are entitled to prorated compensation and equitable treatment. The claims administrator will not make any payments until the class action’s outstanding claims have been settled in full.
Why is there a consensus?
In this case, the court has yet to decide in favor of either side. Allegations of misconduct by the government are categorically denied. Rather than risk additional lengthy litigation, the government has agreed to a settlement to save the considerable cost, difficulty, and distraction. Due to this, plaintiffs and their counsel think the settlement is in their best interest since it provides Settlement Class Members with reasonable compensation immediately, avoiding the cost and delay of continuing the matter to trial and any appeal.
Is there anything more you can do?
Opting out of the COSI settlement is possible by submitting an opt-out request by May 13, 2022. However, you will be able to sue COSI for the claims even if you remove yourself from the COSI settlement. Here’s the deal: There is a May 13, 2022, deadline to object to the COSI settlement if you do not exempt yourself from the agreement. Even if your complaint is rejected, the COSI settlement will legally bind you. Without taking action, you will not profit from the COSI settlement, the COSI settlement will bind you, and you will lose the right to sue COSI in this matter if you don’t take advantage of the settlement. Staying in the COSI settlement does not mean you’re giving up your claims against Star-Kist and Lion America. To learn more about excluding or objecting, read on.