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.