Court Rules Circus Can Sue Animal Rights Groups for Racketeering

U.S. District Judge Emmet Sullivan today ruled that Feld Entertainment Inc., the parent company of the Ringling Brothers and Barnum & Bailey Circus, can move ahead with its federal racketeering case against a coalition of animal rights groups.

The opinion (PDF) is the latest development in more than a decade of litigation over how the circus treats its Asian elephants. The animal rights groups sued Feld Entertainment in 2000, accusing the circus of mistreating its elephants. Sullivan dismissed the case in 2009, finding that the one individual plaintiff, Thomas Rider, who had worked with the circus's elephants, wasn't credible and had essentially been paid to serve as a plaintiff and fact witness.

Feld Entertainment sued the animal rights groups in 2007, claiming violations of federal racketeering laws and a host of other state law claims. Sullivan heard arguments on the animal rights groups' motions to dismiss in June 2011. In today's opinion, Sullivan found that Feld Entertainment met the requirements for making claims under the Racketeer Influenced and Corrupt Organizations Act.

The company, in its complaint, accused the animal rights groups of conspiring to pay Rider, bring a lawsuit under false premises and raise funds from outside donors based on "materially false and/or misleading statements" about their case and Feld Entertainment.

Sullivan found that while "litigation activities" alone can't serve as the basis for a racketeering claim, Feld Entertainment's case wasn't limited to allegations surrounding the animal rights groups' actions in court. "[T]hey claim the entire lawsuit was based on bribery of the lead plaintiff and witness," Sullivan wrote.

Sullivan ruled that Feld Entertainment can also proceed with most of its claims under state laws, which include allegations of abuse of process, malicious prosecution, maintenance (supporting a lawsuit without a specific interest in the case) and violations of the Virginia Conspiracy Act.

The judge did dismiss a few pieces of the circus's case. Sullivan found that Feld Entertainment lacked standing to bring racketeering claims surrounding the animal rights groups' legislative and "administrative advocacy" activities. He also dismissed claims of direct liability under the federal racketeering law against two of the lawyers involved in the original litigation.

Sullivan dismissed the claim for champerty, whereby someone agrees to support a lawsuit in exchange for a percentage of any money recovered. Feld Entertainment alleged a "champertous" agreement between Rider and the animal rights groups' attorneys. Sullivan found that the animal rights groups' lawsuit was a claim for injunctive, not monetary, relief, and also that there was no evidence that a champerty claim could even be brought in Washington.

A lead attorney for Feld Entertainment, John Simpson of Fulbright & Jaworski, said his client was "gratified" by Sullivan's decision, especially the finding that Feld could proceed on the federal racketeering claims. "From their perspective, the stage is finally set for them to seek and obtain justice," he said.

In an e-mail, a lead attorney for the defendants, Stephen Braga of Ropes & Gray, said that while his clients are "disappointed," he believes they'll still prevail, noting that Sullivan had to assume that the facts in Feld Entertainment's complaint were true to address a number of issues at the motion to dismiss phase.

"We dispute those facts vigorously and believe that when the facts are finally decided in the case, Feld's complaint will be found insufficient to warrant any relief on that basis instead," he said.

Comments

[Limonite zurga]

I love the circus

[Tricia]

The bullies and thugs are the circus trainers who beat and abuse animals to make them perform. I can't understand how anyone could defend circuses - there's tons of video evidence to prove the abuse.

[Jim Harvie]

I am an animal welfare/animal rights advocate (depending on the issue) and have long been appalled by HSUS's immoral tactics and CEO Wayne Pacelle's dishonesty and greed. Pacelle and his top comrades Michael Markarian, J.P. Goodwin, Roger Kindler and John Doppster choose the "end justifies the means" playbook when lobbying, testifying before Congress, worming their way out of fundraising fraud investigations and hugging Michael Vick's bank account. HSUS even abuses the legal system to silence their critics in the animal rescue and law enforcement communities.

Before the "merger" with HSUS, the Fund for Animals was a decent organization. I never chose to join the Fund, but it was a paragon of ethics compared with what it has become since 2005 under HSUS's control. Worst of all, in recent years the Fund's signature project, Black Beauty Ranch, has been cited by USDA inspectors for neglectful and inhumane living conditions for horses, primates and other creatures. Shameful!

HSUS diverts tens of millions of dollars away from worthy animal charities and pet shelters every year. They have used this money in ways that few, if any, donors would approve. HSUS truly deserves to lose this case - and their tax exemption.

[Bethkaia]

What, exactly, are the "lies" you are speaking of PTgcp? The ones that Ringling perpetuates when they claim they don't repeatedly abuse their elephants and animals to get them to perform for you and your family, including the two young girls in your avatar? While you are there at the circus, slip backstage before the show unnoticed, and teach those girls what a bullhook is. "Look honey, this is how they terrorize the elephants into doing all those things they normally do in the wild - grabbing each other's tails, balancing on their front legs, running around in a tight circle. If they don't beat them into submission each and every day, they may go on a rampage and storm the crowd out of sheer madness from having their 3 month old babies forcibly removed from them so they too can be indoctrinated into the circus life. We don't want them to ruin everyone's day by behaving like the wild animals they are, do we honey? Here, have some more cotton candy."

Who are the real bullies? Have a fun day at the circus dude.

[Lauri]

I hope Feld wins every point in this suit, and I hope it becomes a precedent for everyone else to follow and encourages more lawsuits against the HSUS...and I hope EVENTUALLY the courts will start looking into how the HSUS plays the system through collecting donations that are misused and misrepresented, lobbying and proposals in legislation and finds the methods they use as illegal and CRIMINAL.

[Cindy Wines]

We are just trying to protect the horrible abuse the elephants, tigers and other animals endure. I have been to many circus events and seen with my own eyes or heard from the security teams there that the elephants are beaten before they go on stage for no reason at all. See www.ringlingbeatsanimals.com and you will see for yourself!!!

[Regan H.]

I my eyes H$U$ is a gang of filthy crimials!

[Terry Ward]

Ah...dumb & dumber..

Arriving here from the jokesite humanewatch, naturally.

[D]

Hey Wayne .. the circus is coming to town at last.. get our your check book.. you know ..that one your donors fund when you tell them you are saving puppies and kitties.
let's tell the courts to stop clowning around and find for Feld..in a BIG way

[Ptgcp]

Long anticipated - at last the animal "rights" lies are being exposed. At last the Circus can sue! I predict pink slips at the businesses that are "animal rights"! At last the public will see them for what they are, bullys, thugs, rackateers.....