BakerHostetler’s Danyll W. Foix examines recent litigation decisions regarding Capper-Volstead Act in ABA publication.

Capper-Volstead has been squarely raised in recent litigation involving mushrooms, milk, eggs, potatoes, cattle, and other agricultural products.  In addition to addressing the substance of Capper-Volstead, decisions in these cases have considered a number of procedural and practical issues that arise in Capper-Volstead litigation.

“Litigating Capper-Volstead Cases: Developments and Insights from Recent Decisions,” published in the Spring 2013 ABA Antitrust Section Agriculture and Food Committee e-bulletin, reviews developments and insights for litigating Capper-Volstead cases.   These developments provide valuable guidance for prosecuting dispositive motions grounded on the Act, handling Capper-Volstead-related discovery, applying class certification to Capper-Volstead entities, introducing Capper-Volstead evidence at trial, and appealing Capper-Volstead-related rulings.

With this guidance, Foix writes, the framework is set for courts to decide emerging substantive Capper-Volstead issues – including the looming question of whether Capper-Volstead protects producers and cooperatives from antitrust liability for engaging in so-called “supply management” practices.

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