Egg Producers Must Face Price-Fixing Claims as Court Appoints Leadership in MDL

A federal judge appointed interim lead counsel for three plaintiff classes in a multidistrict litigation alleging that Cal-Maine Foods Inc. and other egg producers conspired to fix prices, approving one application and denying three competing bids.

U.S. District Judge James D. Peterson granted the indirect commercial purchasers’ joint application, the indirect consumer purchasers’ joint application, and the application from Phil-N-Cindys Lunch Inc. and Birchmans Parisian LLC. The court denied leadership bids from King Kullen Grocery Co. Inc. and Taylor Egg Products Inc., Yell-o-Glow Corporation, and a group of Denny’s franchise restaurants.

The court selected Christopher M. Burke of Burke LLP and Vincent Briganti of Lowey Dannenberg P.C. to lead the direct purchaser class, finding their proposed structure the most comprehensive among the four applicants. The order notes Phil-N-Cindys counsel filed among the earliest cases in November 2025, drafted the Rule 16.1 conference report on behalf of plaintiffs, and submitted the most detailed plan for managing common benefit time and expenses.

According to the order, Burke spoke on behalf of the direct purchasers during the conference, and they drafted a document proposing how responsibilities are to be divided among counsel. That document appears to have been adopted groups.

The court also noted that Birchmans Parisian is the only actual direct purchaser among the direct purchaser plaintiffs; the others are indirect purchasers who obtained assignments to sue from direct purchasers.

For the indirect commercial purchasers, the court approved David M. Cialkowski of Zimmerman Reed LLP and Michael J. Flannery of Cuneo Gilbert Flannery & LaDuca LLP as lead counsel. Bobby Pouya of Pearson Warshaw LLP and Thomas Burt of Wolf Haldenstein Adler Freeman & Herz LLC will lead the indirect consumer purchasers.

The order adopts proposals for division of responsibilities and management of common benefit time and expenses. Lead counsel for direct purchasers must inform the court of steering committee members by June 15.

Counsel

Direct purchasers are represented by Christopher M. Burke (Burke LLP) and Vincent Briganti (Lowey Dannenberg, P.C.) as lead counsel, Christopher M. Burke (Burke LLP) as coordinating counsel, Steven M. Biskupic (Biskupic Law LLC) as liaison counsel, and Amanda Williams (Bassford Remele P.A.) on the steering committee.

Indirect commercial purchasers are represented by David M. Cialkowski (Zimmerman Reed LLP) and Michael J. Flannery (Cuneo Gilbert Flannery & LaDuca, LLP) as lead counsel, David M. Cialkowski (Zimmerman Reed LLP) as coordinating counsel, Michael J. Flannery (Cuneo Gilbert Flannery & LaDuca, LLP) as liaison counsel, and Shawn M. Raiter (Larson King, LLP), Sterling Aldridge (Barrett Law Group, P.A.), Joshua Rissman (Gustafson Gluek PLLC), Garrett D. Blanchfield (Reinhardt Wendorf & Blanchfield), and Laura K. Mummert (Lite DePalma Greenberg & Afanador, LLC) on the steering committee.

Indirect consumer purchasers are represented by Bobby Pouya (Pearson Warshaw, LLP) and Thomas Burt (Wolf Haldenstein Adler Freeman & Herz LLC) as lead counsel, Brian J. Dunne (Bathaee Dunne LLP) as coordinating counsel, Brian J. Dunne (Bathaee Dunne LLP) as liaison counsel, and Robert Wozniak (Justice Jagher London & Millen LLC), Hammons P. Hepner (Sharp Law LLP), and Blake Hunter Yagman (Yagman PLLC) on the steering committee.

Defendants are represented by Daniel E. Laytin (Kirkland & Ellis LLP) as liaison.

Case

The case is DMSD Restaurants, Inc., et al v. Cal-Maine Foods, Inc., et al, case number 3:26-cv-00431, in the Western District of Wisconsin.

Court

wiwd

Case Name

DMSD Restaurants, Inc., et al v. Cal-Maine Foods, Inc., et al

Docket

3:26-cv-00431

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