Wednesday, September 8, 2010
SE Case Class Certified
(click on image to enlarge)
This ruling has been long anticipated. In a class action suit those who are part of the class have to be verified by the judge - this has now been done.
Mostly, the Judge granted certification of all classes with the main exception of DFA members in the Southeast claim for “breach of contract.” The Judge seems to think those DFA member somehow benefitted from DFA’s action. The Judge stated, “To the extent that DFA has engaged in the wrongdoing alleged in plaintiffs’ complaint, it would appear on the surface that most, if not all, of DFA member dairy farmers have in fact benefitted from DFA wrongdoing.” “On the surface” indeed.
In footnote 9 on page 19, the Judge states, “Plaintiffs’ breach of contract claims appear to focus on claims that DFA has participated in “sweetheart” deals, made “secret” payments to insiders, wasted money on unnecessary expenses, and the like.”
If the Judge owned cows and shipped milk in the Southeast he might have a better grasp of the facts in the DFA member’s claim.