MINNEAPOLIS — The Department of Justice (DOJ) and six state attorneys general filed a memorandum in opposition to Agri Stats’ previous motion for recusal of a federal judge’s Daubert and summary judgment opinions.
Last month, Agri Stats — along with Tyson Foods, Smithfield Foods, Clemens Foods, Seaboard Foods and Triumph Foods — filed for a recusal of US District Judge John Tunheim from an antitrust suit, alleging that one of the law clerks demonstrated conflicts of interest in the case.
The alleged conflicts of interest included the clerk working for three different firms suing protein companies for antitrust violations in connection with Agri Stats, a pending employment offer from one of the leading plaintiff firms, and a social media post identifying the case. Additionally, according to the motion, the clerk “publicly embraced” the plaintiffs’ attorneys in the courtroom immediately following the oral argument on the Daubert motions.
Filed with the US District Court for the District of Minnesota on May 23, the DOJ and attorneys general’s memorandum requests that the court denies Agri Stats’ motion.
In the filing, the DOJ contends that Argi Stats’ claims rest on “attenuated and speculative inferences” and do not constitute grounds for recusal.
“Cases are decided by judges, not law clerks,” the DOJ noted, citing an Eighth Circuit precedent.
The department added that the law clerk in question “has not worked for the court on this case, and there is no reason to believe the clerk ever will.”
Furthermore, the DOJ points out that the court has already ruled similarly in past cases without any suggestion of the law clerk’s involvement.
“The timing of Agri Stats’ recusal motion, coming after an adverse decision in another case, shows that the motion is a belated tactical move made by a party who fears a looming adverse decision,” the memorandum said. “For a recusal motion to be timely, a party must raise a claim at the earliest possible moment after obtaining knowledge of facts demonstrating the basis for such a claim.”
