Tuesday, June 15, 2010

Score one for the animals!

Not sure how much national attention this story got, but it received some publicity here in Chicago...

This opinion today from the Illinois State Bar Association's "E-clips":

Moore v. People for the Ethical Treatment of Animals, Inc., No.1-09-0768 (June 4, 2010) Cook Co., 5th Div. (FITZGERALD SMITH) Affirmed.
Plaintiff dog-training company filed suit alleging that defendants defamed them and placed them in a false light by issuing press release, action alert on website, and statement published in Chicago Reader proclaiming that dog trainer was accused of abusing dogs. Court dismissed first amended complaint with prejudice and denied leave to file second amended complaint. Statements were not defamatory, as they were not positive factual statements that fairly impute criminal animal cruelty, and statements of witness's reaction as "disturbing" and describing trainer as "a so-called dog trainer" were opinions and did not prejudice the business or impute lack of ability. Republished defamatory statements were outside statute of limitations, based on date that the original statement was made rather than its continued appearance on website.

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