Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Friday, April 07, 2017
Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture
Defendants in a putative class action lawsuit alleging wage
fixing antitrust claims no longer need to count sheep to rest
easily. A district court judge in Colorado recently denied
plaintiffs' request for leave to amend, effectively dismissing
claims brought by a group of shepherds working under the H-2A Visa
Program, which covers agricultural guest workers. In Llacua et
al. v. Western Range Association et al. report and recommendation adopted,
plaintiffs alleged that two trade associations representing sheep
ranchers, and some of their members, conspired to suppress the
wages paid to shepherds in violation of the Sherman Act. The Court
adopted the Magistrate Judge's ruling that plaintiffs failed to
plausibly allege a conspiracy and failed to allege facts sufficient
to warrant granting leave to amend their Complaint a third time,
describing the Magistrate Judge's opinion as a
"masterful[] and cogent[]" analysis of the substantive
allegations. Because this is one of the first judicial opinions
following the DOJ and FTC's recent announcement of an initiative
to prosecute wage fixing claims, the Magistrate's report and
recommendation provides important guidance for associations and
their members facing similar claims...more
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