To: Zeev Hed who wrote (89547 ) 7/2/2002 9:51:29 AM From: Sully- Respond to of 99280 Federal Court Dismisses Environmental Class Action Suit Against Smithfield Foods Judge Orders Sanctions Against Plaintiffs' Attorneys SMITHFIELD, Va., July 2 /PRNewswire-FirstCall/ -- A federal judge in Tampa, Florida has dismissed a major environmental class action lawsuit against Smithfield Foods, Inc. (NYSE: SFD - News) filed by a coalition of plaintiffs' lawyers led by Robert F. Kennedy, Jr., and in a rare move, ruled that Kennedy and the other lawyers must pay Smithfield's costs and legal fees. At a series of news conferences in 2001 Kennedy announced his intention to use this and other lawsuits as a means of "shutting down Smithfield's farm operations." "Smithfield Foods has great faith in the American judicial system," said Richard J. M. Poulson, Smithfield Foods' executive vice president and senior advisor to the chairman, upon hearing of the dismissal. "We knew that this was a frivolous suit from the outset and fully anticipated today's outcome." In dismissing the lawsuit, which sought damages in the hundreds of millions of dollars, U.S. District Judge Elizabeth A. Kovachevich took the unusual step of ordering that the plaintiffs' attorneys pay attorneys fees and costs. "(N)o reasonable attorney ... could reasonably believe that (the lawsuit) had any reasonable chance of success," Judge Kovachevich wrote in an opinion issued on June 24, 2002. "Plaintiffs' ... Complaint failed to state anything at all." The Judge ordered the parties to come up with an appropriate sanction. Smithfield Foods and its attorneys are considering what sanctions to request. "This was a case where overzealous lawyers got carried away and filed a suit that had no basis. It is gratifying that the Court recognized this and ordered sanctions," said Mr. Poulson. With annual sales of $8 billion, Smithfield Foods is the leading processor and marketer of fresh pork and processed meats in the United States, as well as the largest producer of hogs. For more information, please visit smithfieldfoods.com . CONTACT: Jerry Hostetter of Smithfield Foods, Inc., +1-212-758-2100 SOURCE: Smithfield Foods, Inc. biz.yahoo.com