Court declines to rehear ‘Cody’s Beef’ lawsuit (copy)

Published 9:15 am Thursday, December 19, 2024

The 9th U.S. Circuit Court of Appeals has declined to rehear ex-cattleman Cody Easterday’s claim that Tyson Fresh Meats welched on a deal to split the profits from selling “Cody’s Beef” in Japan.

The court issued a one-page order Dec. 16 denying Easterday’s petition for a rehearing. The petition was denied by the three judges who dismissed the lawsuit in October. No other judge asked for a rehearing by the full court, according to the order.

Easterday, 53, defrauded Tyson out of $233 million by billing the meat-packing company for procuring and feeding cattle that didn’t exist. Tyson contracted with Easterday to provide cattle for its Pasco, Wash., beef plant.

Easterday is serving a sentence for wire fraud at a federal prison in Terre Haute, Ind. He is scheduled to be released in 2029.

After his sentencing, Easterday sued Tyson, hoping to reduce the restitution he owes. He alleged the company broke an oral contract to share proceeds from a marketing campaign that featured Easterday.

A U.S. District Court judge in Eastern Washington and the 9th Circuit Court panel dismissed the lawsuit without hearings. Judges found Easterday’s claims too vague and poorly documented to enforce.

Easterday’s attorneys asked the full 9th Circuit to hear the case. Attorneys argued that if Easterday and Tyson had no oral contract, then the company used his likeness without permission.

Efforts to obtain comment from an attorney representing Easterday were unsuccessful.

In a separate lawsuit, Easterday claimed Tyson exploited its dominant position as a cattle buyer in the Northwest to force him to accept unfavorable terms. That lawsuit, too, was dismissed in U.S. District Court.

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