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View Diary: American Society for the Prevention of Cruelty to Animals to pay damages of $9.3 million (30 comments)

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  •  Via the Greatest Press Release On Earth (4+ / 0-)
    Recommended by:
    thomask, ban nock, Tamar, Catte Nappe

    FWIW:

    On December 30, 2009, the U.S. District Court ruled in Feld Entertainment's favor (published as ASPCA v. Feld Entertainment, Inc., 677 F. Supp. 2d 55 (D.D.C. 2009)). In its ruling the Court stated that, "the Court finds that Mr. Rider is essentially a paid plaintiff and fact witness who is not credible, and therefore affords no weight to his testimony regarding the matters discussed herein, i.e., the allegations related to his standing to sue."

    That decision found that the plaintiffs' litigation was based on the untruthful testimony of a paid plaintiff and witness who the Court found received at least $190,000 in payments as his sole source of income over an eight year period by animal special interest groups, including ASPCA, their lawyers and an entity founded and controlled by those lawyers, the Wildlife Advocacy Project.

    The Court also ruled, "that ensuring Mr. Rider's continued participation as a plaintiff was a motivating factor behind the payments to him, and that these payments were a motivating factor for his continued involvement in the case." The Court also ruled against the other plaintiffs in the case: "because the organizational plaintiffs have not established an injury in fact, traceable to FEI's actions that can be redressed by the Court, the organizational plaintiffs have no standing to sue under Article III of the United States Constitution."

    Furthermore, the Court ruled that "based upon his failure to complain, the Court finds that Mr. Rider either (1) did not witness elephant mistreatment when he was employed by FEI or (2) any mistreatment he did witness did not affect him to the extent that he suffered an aesthetic or emotional injury." The Court's December 2009 ruling was affirmed in its entirety by the Court of Appeals on October 28, 2011.

    Based upon what was revealed in ASPCA, et al., v. Feld Entertainment, Feld Entertainment brought suit in the United States District Court for the District of Columbia against ASPCA, HSUS and other animal rights activists and their lawyers alleging violations of the RICO statute and Virginia Conspiracy Act, malicious prosecution, and abuse of process.

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