Burford’s Battle for Reconsideration

In a significant legal development, a Chicago judge ruled that Sysco, the national food distributor, cannot nullify its price-fixing settlements with meat industry titan Pilgrim’s Pride, despite strong opposition from Burford Capital, a litigation finance company. The ruling, delivered by US District Judge Thomas Durkin, underscores the enforceability of the settlement, a decision that could have far-reaching implications for the litigation funding industry.

The Dispute Unveiled

The legal dispute between Sysco and Pilgrim’s Pride has been a focal point for the litigation funding sector, which provides financial backing to litigants in exchange for a share of any settlement or judgment. Burford Capital, a key player in this space, had invested $140 million since 2019 in supporting Sysco’s antitrust cases. However, the company opposed Sysco’s decision to settle, arguing that the settlement amounts were insufficient.

Settlement Upheld, Burford’s Concerns

Judge Durkin’s ruling was based on emails exchanged between Sysco and Pilgrim’s Pride, which confirmed the existence of a settlement agreement. Despite Burford’s argument that the deal was never finalized, the judge found sufficient evidence to enforce the settlement. Burford expressed concern over the court’s decision, highlighting that the parties did not view the agreement as binding. Sysco, in response, chose not to comment on the matter, while Pilgrim’s Pride did not immediately respond to requests for comment.

Broader Implications

The Sysco-Pilgrim’s Pride case is part of a broader wave of price-fixing claims against major processors in the meat industry. While the settlement amounts remain undisclosed, they are expected to resolve claims that Pilgrim’s Pride engaged in price-fixing for beef, pork, and chicken. Pilgrim’s Pride has consistently denied these allegations.

JBS USA Seeks Enforcement

In a related development, JBS USA has sought to enforce the terms of Sysco’s settlement with the company in Minnesota. Burford had also disputed Sysco’s settlement with JBS. Despite this, JBS has not yet responded to requests for comment.

Legal Precedent Set

Judge Durkin’s ruling sets a legal precedent, reinforcing the enforceability of settlement agreements even in the absence of a final signed agreement. While acknowledging that no final agreement was executed, the judge pointed to corporate emails from late 2022 as sufficient evidence of an agreement between Sysco and Pilgrim’s Pride. This decision extends to Sysco’s settlement with Pilgrim’s in lawsuits in Illinois and Minnesota, rejecting Burford’s argument against enforcing a “global” settlement involving claims in another state.


The ruling in the Sysco-Pilgrim’s Pride case highlights the complexities and nuances of settlement agreements in the legal landscape. It underscores the importance of clear and definitive agreements in legal settlements, even as it raises questions about the extent to which agreements can be enforced based on email communications.

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