Texans for Lawsuit Reform

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For the Record

Does Man’s Best Friend Stand a Chance in Court?

Picture this:

You are the defendant in a lawsuit. You spend thousands of dollars and months preparing to defend your case in a court of law. You hire an attorney to help navigate the web of legal issues created by this litigation.

Then the day arrives. You show up to court, and sitting on the other side of the courtroom is the plaintiff…

A monkey.

While it seems ridiculous, a monkey is only one of the animals that recently filed a lawsuit. In that case, a British man who photographed macaques on a trip to Indonesia got one of the animals to snap a selfie—that is, the monkey triggered the camera shutter while looking into the lens.

After the picture gained popularity online (and made the photographer some money), People for the Ethical Treatment of Animals (PETA) filed a lawsuit on behalf of the macaque, “claiming that the animal was the rightful owner of the copyright.”

The trial court judge ruled that animals weren’t subject to the Copyright Act and PETA appealed to the U.S. Ninth Circuit Court of Appeals.

That’s right. A federal appeals court. Luckily, the Ninth Circuit saw the lawsuit for what it was, and threw it out. But not before the photographer had expended considerable time and money defending himself, even losing his photography business.

The latest animal lawsuit comes from Oregon, where a neglected horse named Justice is seeking $100,000 from its previous owner, in addition to damages for pain and suffering. The lawsuit seeks funds that would go into a trust administered by any future owners of Justice for the remainder of its life.

Many states have enacted laws protecting animals from neglect and cruelty at the hands of humans. And rightfully so. But these lawsuits take that a step further, as the article notes.

“Expanding the protections for animals is quite different from granting them legal standing, which courts have not been willing to do.”

One animal law expert made the implications clear:

“Allowing Justice to sue could mean any animal protected under Oregon’s anti-cruelty statute – a class that includes thousands of pets, zoo animals and even wildlife – could do the same, he said…. If this approach were adopted elsewhere,” Cupp said, “a stampede of animal litigation could overrun courts.”

“Any case that could lead to billions of animals having the potential to file lawsuits is a shocker in the biggest way,” Cupp said. “Once you say a horse or dog or cat can personally sue over being abused, it’s not too big a jump to say, ‘Well, we’re kind of establishing that they’re legal persons with that. And legal persons can’t be eaten.’ “

Cupp emphasized that he supports Oregon’s progressive animal cruelty laws and rulings. “But legislation is a more reasonable way of expanding animal protections,” he said. “Justice’s case, for example, could be addressed through a law requiring an abuser to cover an animal’s future care.”

We have talked a lot recently about activists using the courts to push a public policy agenda, rather than going through the legislative process. Whether the lawsuits have to do with climate change or animal cruelty, the bottom line is that the courts are the not the appropriate venue to enact public policy.

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Texans for Lawsuit Reform

22 hours ago

Texans for Lawsuit Reform

In case you missed it - 15 Harris County judges resolved fewer felony cases during the pandemic, and all 23 courts have more pending cases now than when the COVID epidemic began. As of March, there were over 48,000 pending active cases in Criminal District Court. Read and share: bit.ly/3yeuPc7 ... See MoreSee Less

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'Do your job,' victim tells judge in Harris County's slowest court

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Fifteen judges resolved fewer felony cases during the pandemic and all 23 courts have more pending cases now than when the pandemic began. Harris County Judge Ramona Franklin, of the 338th Criminal Di...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

The Dallas County DA argued a judge’s impartiality could reasonably be questioned after she lowered a defendant’s bail considerably while his defense lawyer is one of her top campaign contributors, and then raised his bail after media reports about her rulings. Read and share: bit.ly/3lfQMzM ... See MoreSee Less

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Dallas judge under scrutiny for bail rulings recuses herself from cases

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Judge Chika Anyiam, of Criminal District Court 7, recused herself Monday from 10 felony cases against Julio Guerrero. A Dallas County judge who faced public scrutiny for lowering a murder suspect’s ...
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Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

TLR General Counsel Lee Parsley joined the U.S. Chamber Institute for Legal Reform podcast to discuss nuclear verdicts in the trucking industry and what legislators can do to ensure that excessive lawsuits don't shut down this vital industry. Listen and share: bit.ly/3wjgKJ9 ... See MoreSee Less

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Nuclear Verdicts Create Litigation "Vortex" for Trucking Industry

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In this episode of Cause for Action, Nathan Morris, senior vice president, legal reform advocacy at the U.S. Chamber of Commerce Institute for Legal Reform, is joined by Lee Parsley, the general couns...
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lawsuitreform avatarTLR@lawsuitreform·
16h 1527408930703523840

Since TLR’s founding, our supporters have made their voices heard at the Capitol by phone, e-mail, & personal visits on every issue that affects a healthy civil justice system. Make your voice heard & get involved with TLR today!

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lawsuitreform avatarTLR@lawsuitreform·
22h 1527318698804908040

#ICYMI: 15 Harris County judges resolved fewer felony cases during the pandemic & all 23 courts have more pending cases now than when the COVID epidemic began. As of March, there were over 48,000 pending active cases in Criminal District Court. Read & RT:

'Do your job,' victim tells judge in Harris County's slowest court

Fifteen judges resolved fewer felony cases during the pandemic and all 23 courts have more pending cases now than when the pandemic began. Harris Coun...

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lawsuitreform avatarTLR@lawsuitreform·
18 May 1527046564635721728

Want to make a difference in the fight against lawsuit abuse? Join the TLR team today! #stoplawsuitabuse

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Texans for Lawsuit Reform has thousands of supporters from across Texas who are committed to a fair and balanced civil justice system.

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Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
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