Wednesday, October 10, 2012

Firm Files Brief Supporting Its Claim Against Feld Entertainment

On Friday MGC filed an opposition to a motion by Feld Entertainment, Inc. (“FEI”) to dismiss MGC’s abuse of process counterclaim, which was filed in a SLAPP suit FEI brought against the firm and several leading animal protection organizations, in the aftermath of their lawsuit contending that FEI’s treatment of Asian elephants violates the Endangered Species Act’s prohibition on “harming” members of an endangered species without a permit.   The ESA case was dismissed on standing grounds, and so the court never addressed the merits of our claim in the ESA case that various FEI practices – particularly striking the elephants with bullhooks and keeping them chained for many hours at a time – violate the ESA.   Our abuse of process counterclaim contends that FEI’s real purpose in bringing its retaliatory lawsuit is to punish and deter further criticism and advocacy directed at such practices.