Short Circuit 417 | Settling with Spicy Chicken

Litigation is a risky business. Borrowing tens of millions of dollars to win a lawsuit is even more risky. And it turns out makes settling a case especially difficult. Patrick Eckler, Chicago attorney and co-host of the Podium and Panel Podcast, rejoins us to detail a wild Seventh Circuit story about an antitrust chicken (and pork and beef) lawsuit that got a bit spicy. Anyone who has tried to settle a case will want to give a listen—and then to do exactly not what happened. Patrick also explains what litigation financing is and why it’s something to handle with extreme caution. Then IJ’s Bert Gall takes us down the aisles of your local Trader Joe’s. A store had an employee it wasn’t happy with. Turns out that she wasn’t happy with them either and went to the National Labor Relations Board. She won a couple rounds of unfair labor practice litigation and then the matter went to the Fifth Circuit. The panel’s majority sided with her by deferring to the NLRB’s legal and factual findings but the dissent had a lot of problems with how that went, including in light of the fall of Chevron deference. Fans of labor law, administrative law, and spicy tortilla chips (but not Two-Buck Chuck) might find joy in this pop down to the shops.

Register for “The Other Declarations of 1776” conference on April 10!

Carina Ventures v. Pilgrim’s Pride

Trader Joe’s v. NLRB

Podium and Panel Podcast

Recent Episodes

Short Circuit 431 | Hard but not Impossible

We welcome back a treasured many-times guest, the first time since he’s left IJ. Brian Morris served in our merry band of libertarian litigators for […]

Listen Now

Short Circuit 429 | A Fifth of Circuit

In our #12Months12Circuits series it’s time to drink an entire Fifth. Now, regular listeners will be very familiar with the Fifth Circuit’s waters and may […]

Listen Now

Short Circuit 428 | Shopping With Roy Moore

You may remember Roy Moore’s 2017 campaign in Alabama for the U.S. Senate in which a controversy arose as to his behavior at the Gadsden […]

Listen Now