03/09/06 Pickett versus Tyson Round Four

Pickett vs. Tyson Round 4 A court battle that could affect most cattle producers moves to round four. I'm Jeff Keane and I'll be right back to update the scorecard totals. A lawsuit started in 1996 by six cattlemen against IBP/Tyson foods alleging use of captive supplies of cattle to manipulate cash cattle prices saw a jury rule in favor of the cattlemen to the tune of a 1.28 billion dollar settlement. Tyson asked for Judge Lyle Strom to overturn the jury's verdict and he did. An appeal by the cattlemen to the 11th Circuit it Court of Appeals ruled in favor of Tyson also. At the end of round three Tyson was ahead two rounds to one. The plaintiffs have now filed an appeal to the U.S. Supreme Court to reconsider this case. Robert Taylor, PhD, Auburn University College of Agriculture's Alfa eminent economics scholar thinks the judges have mishandled the case and actually overstepped their constitutional authority. First, Judge Strom's jury instructions were not based on the Packers and Stockyard Act that the case was tried under  he based his instructions on the Sherman and Clayton antitrust law. Then the "rule of reason" in antitrust cases used by courts for almost 100 years was completely turned around by Judge Strom and the 11th Circuit. Dr. Taylor also feels all judges in the case took they jury's duty, became fact finders themselves and didn't limit their job to conducting a proper trial and ruling on legal issues. Rocky needs a big comeback in round four  I'll keep you posted. I'm Jeff Keane. Western Livestock Reporter 2/15/06