Feld Entertainment, Inc., the producer of Ringling Bros. and Barnum & Bailey® Circus,
announced today that the company has reached a legal settlement with
the American Society for the Prevention of Cruelty to Animals (ASPCA) in
connection with two federal court cases. Under the settlement, ASPCA
has paid Feld Entertainment $9.3 million to settle all claims related to
its part in more than a decade of manufactured litigation that
attempted to outlaw elephants in the company's Ringling Bros. ® Circus.
This settlement applies only to the ASPCA. Feld Entertainment's legal
proceedings, including its claims for litigation abuse and
racketeering, will continue against the remaining defendants, Humane
Society of the United States, the Fund for Animals, Animal Welfare
Institute, Animal Protection Institute United with Born Free USA, Tom
Rider and the attorneys involved.
"These defendants attempted to
destroy our family-owned business with a hired plaintiff who made
statements that the court did not believe. Animal activists have been
attacking our family, our company, and our employees for decades because
they oppose animals in circuses. This settlement is a vindication not
just for the company but also for the dedicated men and women who spend
their lives working and caring for all the animals with Ringling Bros.
in the face of such targeted, malicious rhetoric," said Kenneth Feld,
Chairman and Chief Executive Officer of Feld Entertainment.
The
parties filed dismissal papers today in U.S. District Court for the
District of Columbia as a result of their settlement. The settlement
covers only Feld Entertainment's claims against ASPCA for attorneys'
fees and damages in the initial Endangered Species Act (ESA) case filed
in 2000 by the animal rights activists and the resultant racketeering
(RICO) case brought by Feld Entertainment in 2007. Discovery in the
initial lawsuit uncovered over $190,000 that these animal activist
groups and their lawyers paid to Tom Rider who lived off of the money
while serving as the "injured plaintiff" in the lawsuit against the
circus.
"Our firm has been defending Feld Entertainment against
this onslaught of misguided litigation brought by animal activist
groups for years. As their attorneys, it is gratifying to finally have a
settlement that begins to make up for the harm inflicted on this
company, the family who owns it, and its employees," said John Simpson
of Fulbright & Jaworski L.L.P., lead counsel for Feld Entertainment
in all of the cases covered by the settlement with ASPCA.
Background of Case
The
original complaint was filed in July 2000 by the American Society for
the Prevention of Cruelty to Animals (ASPCA), the Animal Welfare
Institute, the Fund for Animals and Tom Rider, who is a former Ringling Bros. employee.
The case was dismissed in 2001 but was reinstated in 2003 after an
appellate court ruled that if Tom Rider could prove that he was injured
by Ringling Bros.' treatment of the elephants, the case could proceed. The Animal Protection Institute joined the case in 2006.
The trial began on February 4, 2009 and lasted approximately six weeks. The case is ASPCA, et al., v. Feld Entertainment, Inc., No. 03-2006 (D.D.C.)(Hon. Emmet G. Sullivan presiding).
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.
The court denied the defendants' motions to dismiss that case on July 9,
2012.
Additional
information on this litigation, including Court rulings, filings and
elephant care information can be found online at www.ringlingbrostrialinfo.com. Information on the Ringling Bros. and Barnum & Bailey Center for Elephant Conservation® and the company's international elephant conservation programs is available online at www.elephantcenter.com.
Ringling Bros.
Fulbright & Jaworski L.L.P. legal team is led by John M. Simpson
and includes, Michelle C. Pardo, Stephen M. McNabb, Kara Petteway and
Rebecca Bazan.
About Feld Entertainment
Feld Entertainment has produced Ringling Bros. and Barnum & Bailey for over 45 years. Ringling Bros.' elephants, the treasured symbol of The Greatest Show On Earth®
and the subject of the litigation, continue to be healthy and
well-cared for by a team of full-time veterinarians and an animal care
staff that works to ensure that the animals have a safe and positive
environment. The company meets and exceeds federal requirements on the
care of its Asian elephants, tigers and other animals. Its animal care
practices are commonly accepted and well known to federal, state and
local government regulators who routinely inspect Ringling Bros. in almost every city it visits. Feld
Entertainment, Inc. is the worldwide leader in producing and presenting
live family entertainment that lifts the human spirit and creates
indelible memories, with 30 million people in attendance at its shows
each year. Feld Entertainment's productions have appeared in more than
70 countries and on six continents to date and include Ringling Bros. and Barnum & Bailey, Disney On Ice, Disney Live!, Monster Jam, Supercross, Areanacross, Nuclear Cowboyz and IHRA drag racing. More information on Feld Entertainment is available online at www.feldentertainment.com.
SOURCE Feld Entertainment, Inc.
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