Snack Food Brands Change Orders Suit

Gentry Locke for the Defendant

USDC for the Western District

This was a suit to collect on change orders (called true ups) in the processing and bagging of protein chips made with chicken between two snack food brands. Jury trial resulted in verdict for the plaintiff for extras and a verdict for the defendant for conversion of its equipment. The plaintiff wrongfully withheld the defendant’s equipment as leverage to force payment despite having no security interest in the equipment.