A Tennessee poultry producer brought a Packers and Stockyards Act case against Tyson foods, but the Supreme Court will not hear his appeal. Tom Terry requested to watch while his birds were weighed, and when Tyson officials would not allow it, Terry filed complaints with GIPSA.
Terry stated that the company reacted to his complaints by sending him fewer deliveries that often included sick birds. After Tyson ended Terry's contract, resulting in his bankruptcy, he accused Tyson of unfair practices under the Packers and Stockyards Act.
The issue in the case was 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. The Supreme Court did not comment on why it chose not to hear the case.
To read the Sixth Circuit opinion, click here.
Posted: 2/2/11
