Dogged pursuit of contribution for adulterated animal feed from toll miller

October 2, 2017

Issue

Our clients, an animal feed company and its insurer, were faced with over two dozen complaints from ranchers that feed sold to them by the animal feed company was rancid and damaging their animals. The ranchers’ potential claims against the animal feed company were a threat of significant exposure. 

Approach

Working with the animal feed company and its insurer, we managed the settlement of almost all of the ranchers’ claims.  We then filed suit in federal court against the animal feed company’s toll miller, whom our clients believed caused the feed to be rancid in the milling process.  This lawsuit lasted over four years and involved extensive discovery, including discovery into each of the over two dozen ranchers’ animal husbandry practices and experience with the bad feed.  These ranchers were located across ten states and a Canadian province.

Result

Two months before trial, and in the midst of obtaining trial depositions from all of the ranchers, we were able to reach a negotiated settlement satisfactory to our clients.

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