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Brooks Law Digest: Undercover Investigations

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Dick Van Dam Dairy Sued Over Animal Cruelty
October 5, 2020

Caru SPCA, represented by the Animal Legal Defense Fund and Talkov Law Firm, has filed suit against Dick Van Dam Dairy, arguing that the dairy’s treatment of cows as revealed in a recent undercover investigation violates California animal cruelty codes and the San Jacinto Municipal Code.

Ontario Passes Canada’s First Ag-Gag Law
June 17, 2020

Ontario has passed Bill 156, the Security from Trespass and Protecting Food Safety Act, which could make it illegal for employee whistleblowers to expose animal abuse and other violations on animal farming operations.

North Carolina Ag-Gag Law Declared Unconstitutional
June 12, 2020

A North Carolina federal judge has ruled that several provisions of North Carolina’s ag-gag law violate the First Amendment. The lawsuit was brought by People for the Ethical Treatment of Animals, Center for Food Safety, Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch, Government Accountability Project, Farm Forward, and American Society for the Prevention of Cruelty to Animals.

Animal Justice Files Complaint Alleging False Advertising by Duck Farming Company
April 16, 2020

Canadian organization Animal Justice has filed a complaint with the Competition Bureau of Canada and the Canadian Food Inspection Agency, alleging that King Cole Ducks’ advertisement of its products as humane is misleading. The complaint follows a live rescue effort conducted at the company in February.

Kansas Enjoined from Enforcing Ag-Gag Law
April 3, 2020

The United States District Court for the State of Kansas has issued an injunction prohibiting the state from enforcing its ag-gag law, ensuring that the court’s January ruling that the law is unconstitutional is applicable to all.

Groups Appeal Dismissal of Arkansas’ Ag-Gag Law
March 23, 2020

Groups challenging Arkansas’ ag-gag law as unconstitutional have appealed the dismissal of their suit to the Eighth Circuit. The dismissal in February was based on the court’s finding that plaintiffs failed to adequately allege Article III standing.

Trade Secrets Exposed in Humane Society Undercover Video, Suit Claims
March 9, 2020

Drug researcher Charles River has been sued by a company who claims its trade secrets were revealed in an undercover expose of the drug researcher by the Humane Society of the United States posted on YouTube. The company claims it hired Charles River because it specialized in protecting sensitive information and claims fraud, violation of the Federal Defend Trade Secrets Act, negligence, breach of contract, unjust enrichment, and violation of state trade secret laws.

Alabama Legislation Would Protect Animal Enterprises and Criminalize “Frivolous” Reports of Animal Abuse
February 24, 2020

Alabama Senate Bill 196, if enacted, would give exclusive jurisdiction over all animal enterprises in the state to the Commissioner of Agriculture and Industry, ban any municipality or jurisdiction within the state from prohibiting (outright or via financial deterrents) animal enterprise, and criminalize the making of any report “clearly lacking any basis in fact or law” of animal cruelty against an animal enterprise. The bill would also discourage any entity holding an impounded animal from sterilizing the animal by making that entity liable for “the value of the animal and three times  the projected revenue over the reasonably expected life” of the animal.

Iowa Bill Would Prevent Local Management of Animal Enterprises
February 24, 2020

Iowa Senate Bill 2388, if enacted, would prohibit any county or city in the state from enacting legislation that regulates any animal enterprise, including zoos, circuses, and any operation that uses animals for purposes such as entertainment or transportation.

Undercover Investigator Publishes New Book
January 21, 2020

Rich Hardy, a former undercover investigator in for over two decades, has published a new book entitled Not As Nature Intended.

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