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Weil Wins Defense Jury Verdict for C&S in Multi-Hundred Million Dollar Antitrust MDL

On April 19, 2018, Weil secured a complete defense jury verdict for C&S Wholesale Grocers following nine days of trial in an antitrust class action in Minnesota federal court. The jury’s verdict erased several hundred million dollars sought in treble damages, plus attorneys’ fees, and brought nine years of litigation to a close.

In 2016, Weil was brought in as lead trial counsel following the certification of classes of more than 300 retail grocers. Plaintiffs, which were represented by class counsel led by Boies Schiller, alleged that New England-based C&S and Supervalu, another leading wholesaler based in the Midwest, entered into a conspiracy to allocate the New England and Midwest territories between themselves for a period of five years, resulting in inflated grocery prices. The other defendant settled before trial.

In October 2017, Weil succeeded in excluding significant portions of plaintiffs’ expert’s testimony, reducing potential alleged single damages of $226 million by more than $90 million. Trial commenced on April 9, 2018.

After a two-week trial and less than an hour of deliberations, the jury returned a complete defense verdict for our client, finding no conspiracy. 

Litigation Department Co-Chair David Lender and Antitrust Litigation Partner Eric Hochstadt led the trial team, along with associates Kaj Rozga, Luna Barrington, Erin James, David Leslie and David Fitzmaurice