Posts Tagged ‘animal rights’

September 13 roundup

  • Scranton, Pa. federal judge “denies ‘exorbitant’ request for nearly $1M in attorney fees after $125K recovery” [ABA Journal; arose from bad faith insurance action on underlying uninsured motorist claim that settled for $25,000]
  • As PETA settles monkey selfie case with hapless photographer, details confirm that “Naruto is really just a prop to be deployed in the case as PETA sees fit.” [Ted Folkman, Eriq Gardner, earlier] A sad catalogue of litigation abuse enabled by PETA’s donors [Frank Bednarz thread]
  • Lively First Circuit opinion upholds extortion conviction of small town police chief [Bob Dunn, Berkshire Eagle, U.S. v. Buffis via IJ’s John Ross, “Short Circuit“; Lee, Mass.]
  • She beat DOMA and the IRS too, and all in great style. My appreciation of Edith Windsor [Cato at Liberty]
  • “North Carolina’s Fickle Finger of Redistricting” [also by me at Cato at Liberty]
  • Me: “Posner was the judge lawyers really didn’t want to run into if they had bad class action settlements to defend” [Jonathan Bilyk, Cook County Record, earlier]

Monkey-selfie photographer sued by PETA says he’s broke

PETA has appealed to the Ninth Circuit the dismissal of its suit, ostensibly on behalf of a wild monkey, against “monkey-selfie” photographer David Slater. Slater, reduced by years of litigation against the fanatical animal rights group and other parties, is in financial straits and thinking of walking dogs to earn money. “Nor can he afford to replace his broken camera equipment, or pay the attorney who has been defending him since the crested black macaque sued him in 2015, and is exploring other ways to earn an income.” Abusive litigation is evil and don’t even ask what I think of PETA. [The Guardian]

Environment roundup

  • Didn’t realize former Massachusetts Gov. Bill Weld had written a novel sympathetic to the persons displaced by one of the great eminent domain binges, the 1930s creation of Quabbin Reservoir (“Stillwater,” background) And down in Virginia: “Sixty years ago they were evicted from the Blue Ridge to make way for Shenandoah National Park. But the refugees haven’t forgotten their lost mountain homes.” [Eddie Dean, Washington City Paper]
  • Tokyo’s wide-open policy on development is one reason its house prices have not skyrocketed despite rising population [Alex Tabarrok, more, contrast with cities like Delhi and Mumbai]
  • “Chevron Paves The Way For Corporations To Fight ‘Shakedown Lawsuits'” [John Shu, Investors Business Daily, related editorial drawing FedEx and SEIU parallels] More: Roger Parloff and Michael Krauss on Canadian enforcement action in ongoing Ecuador dispute;
  • “The Environmental Lightning Rod Known as Fracking” [Ned Mamula, Cato]
  • Massachusetts voters in November will face ballot measure sharply restricting methods of handling a host of livestock animals [Baylen Linnekin]
  • Do woodpiles attract termites? Chamber backs Flower Mound, Tex. man facing billions in fines for storing wood [Dallas News, earlier]

“Monkey see, monkey sue” — but not monkey standing

The talk of legal Twitter over the weekend has been Andrew Dhuey’s motion to dismiss for the defendants in the monkey-selfie case. His brief begins (h/t Pogo Was Right):

INTRODUCTION

A monkey, an animal-rights organization and a primatologist walk into federal court to sue for infringement of the monkey’s claimed copyright. What seems like the setup for a punchline is really happening. It should not be happening. Under Cetacean Community v. Bush, 386 F.3d 1169 (9th Cir. 2004), dismissal of this action is required for lack of standing and failure to state a claim upon which relief can be granted. Monkey see, monkey sue is not good law – at least not in the Ninth Circuit.

RELEVANT FACT

The only pertinent fact in this case is that Plaintiff is a monkey suing for copyright infringement.

Meanwhile, on what I suppose you could call a parallel track, from Broward County, Fla.: “Attorney Kenneth Trent says the turtles themselves have standing to sue in federal court” [AP/Fox DC]

Monkey-snapped photos: the grin on the PETA

We’ve previously covered the controversy over whether anyone can properly claim copyright for a selfie photograph snapped by a macaque monkey. On one hand, the photographer who owned the camera and had set up the tripod wished to claim copyright; on the other, it was argued that the photo was properly in the public domain because the act of taking the shot had not been his. Now, in Naruto, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment of Animals, Inc. and Antje Engelhardt, Ph.D. v. David Slater, “PETA claims that the monkey, who is apparently named Naruto, should be treated as if he were a human artist who had taken the same photo.” [Consumerist, David Post]

“Petco won’t sell goldfish to Persians on spring equinox, lawsuit says”

Discrimination in public accommodations claim: California plaintiff Sam Mojabi alleges in a lawsuit that Petco has a “systematic” practice of suspending sales of goldfish around the time of the spring equinox. Following the circulation of reports that some families celebrate the Middle Eastern spring-equinox new year’s holiday Nowruz, influenced by Zoroastrian traditions, with a display of live goldfish, some store personnel sought to prevent the sale of the fish to Persian/Iranian buyers for fear the animals would not be cared for well after the holiday. [ABA Journal] Ten years ago Britain’s then-Labour government backed off a proposed ban on the awarding of goldfish in a plastic bag as a fairground prize, and more recently an elderly shopkeeper was “given an electronic tag and curfew for selling a goldfish to a 14 year-old” in a sting operation despite a law limiting sales to over-16s.

August 5 roundup

  • Makes perfect sense: to make transportation more accessible to its residents, Montgomery County, Maryland orders 20 taxi companies to close down [Washington Post]
  • “New ‘Gainful Employment’ Rule Spells Trouble For For-Profit Law Schools (And Would For 50 Non-Profit Law Schools)” [Caron, TaxProf]
  • “To comply with a twisted interpretation of TCPA, Twitter would have to stop providing certain services altogether.” [Harold Furchtgott-Roth] “New FCC Rules Could Make Polling More Expensive, Less Accurate” [HuffPost Pollster]
  • To draft the unpassable bill: Scott Shackford on the politics and bad policy behind the omnibus LGBT Equality Act [Reason] “So How Can Anyone Be Opposed to Non-Discrimination Laws?” [Coyote] More: Establishment liberalism reluctant to admit it’s changed its thinking on religious accommodation, but that’s what’s happened [Ramesh Ponnuru/Bloomberg View]
  • Update: “Court rejects claim over goat goring in Olympic National Park” [AP, earlier here and here]
  • “I would receive 100 other identical stories [from asylum seekers] with only the names changed.” [The Australian, 2013]
  • “Some protested that DNA testing amounted to a violation of canine privacy because dogs were not capable of consent.” [New York Times on Brooklyn condo dispute via @orinkerr]

Environment roundup