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Proving Anti-Competitive Conduct in the U.S. Courtroom


David A. Domina presents the plaintiff's argument in Pickett v. Tyson Fresh Meats, Inc. In this case, Domina Law Group was able to argue a $1.26 billion jury verdict after six years of pretrial effort. This was one of the largest class actions of its kind. Mr. Domina begins his plaintiff argument by defining "competition" and what it means in both the legal and economic realm.

He states that "Lawyers try to understand an opponent's perspective, but do so for the purpose of attacking it and undermining it, not articulating it with objectivity."

This sort of legal competition is not helpful. Specifically, in Pickett, cattlemen allege that Tyson (America's largest slaughterhouse) used "off the cash market" to reduce market activity and thereby manipulate the price in violation of 7 USC § 192 which is the Packers and Stockyards Act of 1921. To read the plaintiff's argument in full detail, view Proving Anti-Competitive Conduct in the U.S. Courtroom.

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