As readers may recall, a cohort of animal-liberation extremists sued Feld Entertainment, alleging elephant abuse, and lost. Adding insult to injury, however, was the ensuing countersuit. The court found that the activist’s key witness—a former circus employee who lied under oath—had been paid almost $200,000 by the plaintiffs and their attorneys, prompting Feld to bring a federal RICO lawsuit against the animal extremists.
While HSUS was not involved in initially bringing the animal-rights lawsuit against Feld in 2000, the group merged with the Fund for Animals (FFA)—one of the original plaintiffs—in 2005 while the litigation was ongoing. Usually, HSUS has no problem taking credit for the work of its affiliates—except, apparently, when this affiliation involves a federal RICO lawsuit. With racketeering allegations on the table, HSUS was quick to distance itself from the Fund for Animals, insisting that the 2005 marriage did not qualify as a merger.
According to HSUS CEO Wayne “I don’t love animals” Pacelle, FFA was separate from HSUS, with “its own board of directors and its own donors.” HSUS filed a motion to dismiss the RICO suit on this premise of organizational separation. According to court records, HSUS argued that while it “join[ed] forces in a corporate combination” with FFA, the two organizations did not merge and therefore HSUS wasn’t liable for any of the allegations. (Never mind, of course, that at least one payment to the witness was made on an HSUS check.)
Before the suit progressed to trial, HSUS joined the other animal radicals in forking over a combined $15.75 million to settle the litigation, covering Feld’s legal fees incurred by the “frivolous and vexatious” 14-year crusade.
HSUS released a statement responding to the multi-party settlement, explaining: “We expect that a substantial portion, if not all, of the settlement costs to The HSUS and The Fund for Animals will be covered by insurance, and in the end, that no donor dollars from The HSUS will go to Feld.”
One problem: HSUS was denied insurance coverage. The solution? Evidently, yet another lawsuit: HSUS sued its insurance provider. But now, it looks like three times won’t be a charm for HSUS.
National Union Insurance Co.—which denied HSUS’s request for coverage—has filed a motion for summary judgment in the suit brought by HSUS. Its motion sheds light on new evidence of glaring factual discrepancies in HSUS’s claims. Read more
