In Circus Litigation, Fee Fight Is The Next Act

Ringling Bros. and Barnum & Bailey Circus wants the animal rights groups that unsuccessfully sued over allegations that the circus was mistreating elephants to pay its legal fees, which could run in excess of $20 million.

After more than a decade of litigation, the U.S. Court of Appeals for the D.C. Circuit found in October that the animal rights groups could not proceed with their claims against Feld Entertainment Inc., which runs the Ringling Bros. circus. In a motion (PDF) filed yesterday afternoon, Feld Entertainment argued that the animal rights groups and their attorneys should pay its legal bills.

The motion didn't specify an amount, but Feld Entertainment did state that it had spent upwards of $20 million fighting the case.

The animal rights groups, which include the Animal Protection Institute, first sued Feld Entertainment in 2000 in U.S. District Court for the District of Columbia. The groups, along with a former circus elephant handler named Tom Rider, accused the circus of abusing and mistreating its Asian elephants.

Following a bench trial, U.S. District Judge Emmet Sullivan found (PDF) in 2009 that the animal rights groups and Rider did not have standing to pursue the claims. Sullivan found that because Rider was paid by the animal rights groups, his testimony and claims of having a strong attachment to the elephants were not credible. The judge didn’t reach the merits of the claims regarding any alleged abuse of elephants.

The animal rights groups appealed, but a three-judge D.C. Circuit panel affirmed Sullivan’s ruling in October. The case went back to Sullivan for briefing on whether Feld Entertainment should be entitled to fees and, if so, how much.

In the motion filed yesterday, Feld Entertainment argued that Rider and the animal rights groups were to blame for the “decade of needless and expensive litigation.” The plaintiffs deliberately withheld the fact that Rider was being paid, Feld Entertainment argued, dragging out litigation and forcing the defendants to “overcome a fraud on the court to win the case.”

Feld Entertainment also accused the plaintiffs of other tactics that delayed litigation, including changing plaintiffs and shifting claims on short notice.

“The conduct in this case is egregious, and, based on FEI’s research, is far worse than the conduct reported in any caselaw in this Circuit, or any other. This case is unprecedented, but for the worst of reasons,” Feld Entertainment argued in its brief.

Feld Entertainment also wants plaintiffs’ attorneys to be part of any finding in favor of fees, arguing that “[f]raud on the court undeniably occurred here, where a paid plaintiff told critical lies upon which the courts had to rely, and counsel sat at the center of those lies and payments.”

Lead counsel for Feld Entertainment, Fulbright & Jaworski partner John Simpson, declined to comment on the motion, stating in an e-mail that: “We will let our filing speak for itself and will await a ruling from the Court for further direction.”

A lead attorney for the plaintiffs, Katherine Meyer of Washington’s Meyer Glitzenstein & Crystal, along with other attorneys for the plaintiffs, could not immediately be reached for comment today.

Feld Entertainment is also pursuing a racketeering case against the animal rights groups in Washington federal court, related to the elephant litigation and other alleged unlawful activities Feld Entertainment claims are aimed at stopping Asian elephants from appearing in circuses. A motion to dismiss filed by the animal rights groups is pending before Sullivan, the presiding judge in that case as well.

Comments

[Sekhar Sompalli]

Stupid ignorant people who support feld and animal cruelty really need to shut up. I wish just once an elephant would grab the bull hook and strike your dummies on the head. Look at the pictures of electrocution of baby elephants. Are you people dumb and blind?

[Sekhar Sompalli]

To those idiots who say elephants are not abused look at the videos taken of Barnum and bailey circus trainers beating the elephants with bull hooks. Unless you are blind you cannot say there is no abuses. Animals are not here for your entertainment. Elephants are not made to stand on their heads and balance on stools for you to clap at. Stop being cruel and ignorant

[Shelley Powers]

Oh, by the way...

For those claiming that Feld doesn't abuse the elephants, Feld Entertainment was just fined $270,000 by the USDA for egregious violations of the Animal Welfare Act about said elephants.

[Shelley Powers]

Bayleigh, HSUS was not part of the original lawsuit.

Interesing--Feld doesn't know what it wants. It wants fees paid, but then it filed a RICO, and now it's saying that the only aspect of the RICO it's interested in is recovering fees--which probably has the judge scratching his head, wondering if there's anyone home in the Feld Entertainment headquarters.

But then if the organizations spend a lot of time and money fighting off Feld's frivolous RICO case, will they get their money back by demanding that Feld reimburse them for legal costs?

Feld needs to wake up and realize that the days of circuses where animals are routinely tortured, are over. But if it wants to continue fighting this in court, where the case ends up in the news, again and again, hey--it's their corporate image.

[Ray]

No, DC, there was no determination that the elephants are not abused: "The judge didn’t reach the merits of the claims regarding any alleged abuse of elephants."

[bayleigh]

There are many others out here that supports the rights of the Feld Corporation. The H$U$ only agenda is to destroy all animal entertainment and all of animal agriculture and its time they were brought to their knees. Sue them for the 20 million and another 20 million for distress you have been put through. ASPCA and PETA you are next. We all love the animals we raise and train and its not abuse when the animals love to do what they do. Thank you Feld Corp. For standing strong for all of us in the animal industry........

[DC]

Kate, you may have missed the point of this case. It turns out the elephants are not abused and people need to stop saying things that are not true that cause others to incur losses (including the elephants)because it is a crime to do so. True animal caretakers will understand that if the circus closed, the elephants would suffer loss of their families, caretakers, livelihood and meal tickets. Being laid off is dangerous for working folk, human or not.

[Kate Kenner]

What is wrong with you people? are you the ones who go to see the elephants who are abuse and made to perform? I am one of those animals rights people and I find selfish people like you disgusting and confirms what I think of most of the human race which is that they are self centered and lacking in an sense of ethics.

[A Facebook User]

BRAVO, FELD! I hope they get fully reimbursed and that the racketeering case nails these "animal rights" charlatans. These fringe groups are a tiny minority of our society, and yet, they scream the loudest that they have millions of supporters--NOT!! Their "propaganda mill" BIG LIES [see Alinski's 'Rules for Radicals'] need to be exposed for the society-undermining prevarications that they are.

[charlie domino]

They should absolutely be held accountable for court fees as well as time and defamation of character. Perhaps they should also have to pay for wasting govt money and the court's time as well!

[Butch]

The court should make them pay all the bills they have the money

[kaylor]

I am so happy to hear this! I hope the judge makes them pay every dime.