Animal Rights

Gregg and Linda Schumacher, and Gregg Schumacher Furs, LLC dba as Schumacher Furs and Outerwear, Plaintiffs v. City of Portland,

Summary: In this Opinion, the judge granted the defendants a total of $96,870.85 in attorneys fees. The action stemmed from a lawsuit filed by the Schumachers for $ 6.6 million dollars against the City of Portland and the named defendants seeking damages for alleged illegal protest activities in front of their fur store. The defendants all prevailed on their Motion to Strike. The court observed that awarding of attorney fees is mandatory under Oregon law when a party prevails in an anti-SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. Thus, the issue at hand was the amount of the attorney fees. The court went through the factors under Oregon law in analyzing the reasonableness of the requested attorney fees. When examining each factor, the court determined that the evidence either was in favor of defendants or was neutral. Notably, the court found that the plaintiffs' claims against defendants were not objectively reasonable because the plaintiffs did not produce any evidence that the prevailing defendants did anything illegal.

In this Opinion, the judge granted the defendants a total of $96,870.85 in attorneys fees. The action stemmed from a lawsuit filed by the Schumachers for $ 6.6 million dollars against the City of Portland and the named defendants seeking damages for alleged illegal protest activities in front of their fur store. The defendants all prevailed on their Motion to Strike. The court observed that awarding of attorney fees is mandatory under Oregon law when a party prevails in an anti-SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. Thus, the issue at hand was the amount of the attorney fees. The court went through the factors under Oregon law in analyzing the reasonableness of the requested attorney fees. When examining each factor, the court determined that the evidence either was in favor of defendants or was neutral. Notably, the court found that the plaintiffs' claims against defendants were not objectively reasonable because the plaintiffs did not produce any evidence that the prevailing defendants did anything illegal.

Students for Ethical Treatment of Animals (SETA) v. Institutional Animal Care and Use Committee of University of Oregon (IACUC)

Summary:

Appeal of a circuit court decision finding a summary judgment that plaintiffs lacked standing to bring suit where a state university student organization and other parties brought suit against the university committee that supervised animal research, including a research proposal for cranial surgery on Macaque monkeys. On appeal, the Court of Appeals held that plaintiffs had an interest in the governmental decisions of the committee, had established a denial of access related to that interest, thus had standing to bring the suit.

Appeal of a circuit court decision finding a summary judgment that plaintiffs lacked standing to bring suit where a state university student organization and other parties brought suit against the university committee that supervised animal research, including a research proposal for cranial surgery on Macaque monkeys. On appeal, the Court of Appeals held that plaintiffs had an interest in the governmental decisions of the committee, had established a denial of access related to that interest, thus had standing to bring the suit.

Schindler v. Mejias

Summary:

This appeal is an appeal of the denial of defendant's motion for summary judgment in a defamation action. Plaintiff, an attorney, brought an action against Hector L. Mejias Jr., an employee of defendant Ulster County Society for the Prevention of Cruelty to Animals, claiming that Mejias falsely accused him of misrepresenting himself as the Ulster County District Attorney during a sworn deposition. The statement occurred during an incident at the SPCA where Plaintiff-Schindler was trying to pick up a dog owned by his client. The particular issue on appeal is whether the supreme court erred in determining that Mejias's supporting deposition constitutes libel per se. The court found that the alleged act was sufficiently egregious because such a claim would suggest professional misconduct on an attorney's part and invites both disciplinary action and damage to an attorney's professional reputation. Further, defendants failed to meet their burden of showing an absence of malice. The order was affirmed.

This appeal is an appeal of the denial of defendant's motion for summary judgment in a defamation action. Plaintiff, an attorney, brought an action against Hector L. Mejias Jr., an employee of defendant Ulster County Society for the Prevention of Cruelty to Animals, claiming that Mejias falsely accused him of misrepresenting himself as the Ulster County District Attorney during a sworn deposition. The statement occurred during an incident at the SPCA where Plaintiff-Schindler was trying to pick up a dog owned by his client. The particular issue on appeal is whether the supreme court erred in determining that Mejias's supporting deposition constitutes libel per se. The court found that the alleged act was sufficiently egregious because such a claim would suggest professional misconduct on an attorney's part and invites both disciplinary action and damage to an attorney's professional reputation. Further, defendants failed to meet their burden of showing an absence of malice. The order was affirmed.

American Soc. for Cruelty to Animals v. Board of Trustees of State

Summary: In New York, an animal protection organization sought a judgment that would allow the public to attend meetings for a university’s animal use organization.   Such attendance was required under the New York Consolidated Law.   However, because the university meetings did not involve matters affecting the public or public policy, and since the animal protection organization was not considered a “public body,” public attendance was not ordered.  

In New York, an animal protection organization sought a judgment that would allow the public to attend meetings for a university’s animal use organization.   Such attendance was required under the New York Consolidated Law.   However, because the university meetings did not involve matters affecting the public or public policy, and since the animal protection organization was not considered a “public body,” public attendance was not ordered.  

Mississippi State University v. People for Ethical Treatment of Animals, Inc.

Summary:

PETA, an animal rights group, sought disclosure of records pursuant to the Public Records Act from Mississippi State University regarding the IAMS's company care of animals used in research, which was conducted at university. After the lower court granted the request, the University and company appealed. The Supreme Court of Mississippi held that substantive portions of company's Institutional Animal Care and Use Committee protocol forms were exempt from disclosure under the Public Records Act. The court found that PETA failed to rebut the evidence presented by MSU and Iams that the data and information requested in the subject records constituted trade secrets and/or confidential commercial and financial information of a proprietary nature developed by MSU under contract with Iams. Therefore, the data and information requested by PETA is exempted from the provisions of the Mississippi Public Records Act.

PETA, an animal rights group, sought disclosure of records pursuant to the Public Records Act from Mississippi State University regarding the IAMS's company care of animals used in research, which was conducted at university. After the lower court granted the request, the University and company appealed. The Supreme Court of Mississippi held that substantive portions of company's Institutional Animal Care and Use Committee protocol forms were exempt from disclosure under the Public Records Act. The court found that PETA failed to rebut the evidence presented by MSU and Iams that the data and information requested in the subject records constituted trade secrets and/or confidential commercial and financial information of a proprietary nature developed by MSU under contract with Iams. Therefore, the data and information requested by PETA is exempted from the provisions of the Mississippi Public Records Act.

Moore v. People for the Ethical Treatment of Animals, Inc.

Summary:

Plaintiffs, Ami Moore and Doggie Do Right-911, Inc., aver that defendants PETA, Diane Opresnik, John Keene, and Mary DePaolo defamed them and placed them in a false light by stating that the plaintiff dog trainer placed a shock device on a dog's genitals and allegedly shocked it. Prior to this action, the claim against PETA was settled and dismissed. The defamation claims against Opresnik, Keene, and DePaolo, persisted. In dismissing the remaining claims, the court found that there was no positive factual statement of criminal animal cruelty to support a defamation per se claim. Further, another claim fell outside the statute of limitations period and was also inadequately supported by specific allegations.

Plaintiffs, Ami Moore and Doggie Do Right-911, Inc., aver that defendants PETA, Diane Opresnik, John Keene, and Mary DePaolo defamed them and placed them in a false light by stating that the plaintiff dog trainer placed a shock device on a dog's genitals and allegedly shocked it. Prior to this action, the claim against PETA was settled and dismissed. The defamation claims against Opresnik, Keene, and DePaolo, persisted. In dismissing the remaining claims, the court found that there was no positive factual statement of criminal animal cruelty to support a defamation per se claim. Further, another claim fell outside the statute of limitations period and was also inadequately supported by specific allegations.