Judge Dismisses 7 Ben & Jerry's Claims, Leaving $4.5 Million Payment Dispute
Updated
Updated · New York Post · Aug 23
Judge Dismisses 7 Ben & Jerry's Claims, Leaving $4.5 Million Payment Dispute
3 articles · Updated · New York Post · Aug 23
Summary
Seven claims and part of an eighth were thrown out Friday in Ben & Jerry’s 10-count suit, sharply narrowing allegations that Unilever censored the brand’s activism and undermined its independent board.
Judge Kevin Castel let only two claims survive in full, both tied to alleged missed payments under a 2022 settlement — $2.5 million to Ben & Jerry’s and $2 million for Palestinian almond farmers.
Castel also ruled that Magnum, which took ownership of Ben & Jerry’s after last year’s Unilever spin-off, will replace Unilever as the primary defendant in the case.
The dismissed claims largely concerned corporate governance, with the judge saying the 2000 merger agreement did not give Ben & Jerry’s directors or foundation broad rights to sue on the company’s behalf.
The dispute traces back to Ben & Jerry’s 2021 decision to stop sales in the Israeli-occupied West Bank, a rupture that later expanded into fights over Gaza-related speech, board control and leadership changes.