So– we have the Barnum and Bailey case (Feld Entertainment) where the ARs insisted on continuing protracted litigation, claiming they had a case in Federal Court and would stop at nothing to try and win. They LOST. Plus they lost the appeal. Now they will end up losing the attorney fees request against them, and then the case against them on RICO charges.
The Feld RICO case is in its infancy right now, but this attorney fees motion is based on ARs LOSING the circus case after 11 years and $20million later. The RICO civil charges are another cause of action for using the various deception, misrepresentation, and other groups. RICO was put on hold pending the end of the case and the appeal. RICO charges can carry treble damages, meaning 3x the amount.
Our prediction: The fed Court will hit them hard, because the facts show the case was pure bull, and it employed misrepresentation, lies, and bad faith. The alleged “Plaintiff” who claimed he had some special relationship with the elephants– was essentially paid by the ARs and the AR attorneys, to be the Plaintiff, and remain the Plaintiff; he had no other job for 9 years during the lawsuit. This was proven in Federal Court. ARs lost their appeal on any issues they tried to appeal.
Whatever the largest amount the Court can assess, must be used. ARs need to be hit HARD so they will FEEL the hit and possibly be deterrred from doing cases like this. The motion is 59 pages long, which is longer than some Supreme Court case rulings. It’s very obvious that huge fees will be awarded, and likely the largest ever awarded in the history of AR land.
Under the “Inherent Authority” of the Court [Federal], there is NO LIMIT on attorneys fees. The Court has discretion on amount necessary to vindicate its authority and deter misconduct. It does require bad faith litigation, it is punitive, and it can sanction both lawyers AND clients. There are other methods of sanctions, such as Rule 11 and Section 1927. Feld is also requested fees under Section 1927, which applies only to lawyers, and involves unreasonable and vexatious multiplication of proceedings. feld-motion-for-fees
Of course the ARs won’t stop….. But if $60 million was assessed….. they might think about it.
After about 11 years, (yes, eleven years)– the AR groups+named attorneys–may (meaning likely will) get hit with a huge amount of legal fees due to the fraud perpetrated upon the courts by both Plaintiff and counsel for the various groups named: HSUS, ASPCA, Born Free/API, Animal Welfare Institute, Fund for Animals, and the law firm of Meyer, Glitzenstein and Crystal; Katherine A. Meyer, Eric R. Glitzenstein, Howard M. Crystal, Jonathan R. Lovvorn, Kimberly D. Ockene, Tanya Sanerib, Stephen A. Saltzburg and Delcianna J. Winders.