Oh no! I think it would be good to write a short postmortem about what LIC learned from this experience. For example, do you think derivative suits are simply not the right vehicle for this kind of action, or is there still potential there?
Don’t work for LIC, but I’d note that litigation strategy is one area in which the justification for non-transparency can be particularly strong. E.g., if LIC decided derivative suits were the wrong vehicle, I’m not sure I’d want them to publicize that and free any potential target companies from the fear that they could be next.
Thank you for your support Eli! I think derivative suits definitely are still a strong vehicle to protect animals. Neither the court nor the defendants said anything that would cause us to become less bullish on derivative suits. And the court agreed that the board members had knowledge of Costco’s treatment of animals, which was one of the things we were trying to prove in order to show why this is the board’s responsibility and thus why a derivative suit is appropriate. Unfortunately, however, the court didn’t agree that we had shown a violation of the criminal law against animal neglect. (Of course, we still think that we did show illegal animal neglect. So I think this was a failure on my part to properly convey why the evidence constituted neglect.)
The court left open one avenue, which was to send a formal demand letter to Costco’s board, asking the board to change its treatment of chickens and sue Costco’s executives. So we did that: https://www.legalimpactforchickens.org/costco-demand. And we are waiting for a response.
I agree we need to somehow update our website. I just haven’t gotten around to figuring out the best way to present this information. . . . But you bringing it up is a helpful nudge!
Thank you so much, Guy!! Sadly, the judge dismissed the Costco lawsuit. :-(
I’m really sad to hear that! Is the court’s decision available somewhere?
Yeah it stinks. The judge just ruled from the bench—He didn’t author a written opinion.
Yikes
Oh no! I think it would be good to write a short postmortem about what LIC learned from this experience. For example, do you think derivative suits are simply not the right vehicle for this kind of action, or is there still potential there?
Don’t work for LIC, but I’d note that litigation strategy is one area in which the justification for non-transparency can be particularly strong. E.g., if LIC decided derivative suits were the wrong vehicle, I’m not sure I’d want them to publicize that and free any potential target companies from the fear that they could be next.
Thank you for your support Eli! I think derivative suits definitely are still a strong vehicle to protect animals. Neither the court nor the defendants said anything that would cause us to become less bullish on derivative suits. And the court agreed that the board members had knowledge of Costco’s treatment of animals, which was one of the things we were trying to prove in order to show why this is the board’s responsibility and thus why a derivative suit is appropriate. Unfortunately, however, the court didn’t agree that we had shown a violation of the criminal law against animal neglect. (Of course, we still think that we did show illegal animal neglect. So I think this was a failure on my part to properly convey why the evidence constituted neglect.)
The court left open one avenue, which was to send a formal demand letter to Costco’s board, asking the board to change its treatment of chickens and sue Costco’s executives. So we did that: https://www.legalimpactforchickens.org/costco-demand. And we are waiting for a response.
I agree we need to somehow update our website. I just haven’t gotten around to figuring out the best way to present this information. . . . But you bringing it up is a helpful nudge!
Thank you Alene! Happy to chat offline if it’s ever helpful to you or LIC.