Docket Digest - April 14th, 2021



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Docket Digest - April 14th, 2021
Good Afternoon,
This week’s Digest includes two legal-related stories #InTheNews and a settlement update for a previously covered case.
Follow us on Twitter @DocketDigest and Instagram @Docket.Digest for updates. DM us with general questions or subjects you would like to know more about!
Without further ado… All rise.

#InTheNews - Tiger King Lawsuit
While Netflix’s “Tiger King” introduced streaming-loving audiences to exotic animals, a legal battle was underway between zoo owners featured in the show and animal advocacy organizations seeking to shut down the cub-petting industry with the support of the federal government.
According to PETA and the Animal Legal Defense Fund, Jeffrey Lowe and Timothy Stark split endangered tiger cubs from their mothers at an early age to build photo opportunities with a paying public, and big cats at Stark’s zoo were held in “woefully insufficient enclosures.” Animal rights activists are attempting to set a precedent under the Endangered Species Act through this. They want to show that the Act extends to individual animals in captivity, which would mean that exhibitors who mistreat endangered species may face federal penalties.
Lowe, Stark, and others are being sued under two sections of the Act. The law forbids the harming, threatening, or killing of an endangered animal, referred to as “taking.” It requires someone with standing to file a complaint against an alleged violator.
#InTheNews - Update on Commission for SCOTUS
President Joe Biden has established a 36-member bipartisan commission to review possible Supreme Court reforms, fulfilling a campaign pledge. The Presidential Commission will examine the current national debate for and against Supreme Court reform.
According to Ilya Shapiro, the commission is skewed to the left, with liberals outnumbering conservatives by a 3:1 margin. Nonetheless, the commission’s conservatives include big hitters such as former DC Circuit Judge Thomas Griffith and Harvard Law School’s Jack Goldsmith.
The panel also overwhelmingly favors professors, with only a few participants with backgrounds other than legal or political academia. Former Clinton Solicitor General Walter Dellinger and now-professor David Strauss are exceptions to the academic-heavy list.
The commission’s mandate is broader than looking at the possibility of recruiting more judges. The White House said the panel’s agenda includes looking at the court’s position in the Constitutional system, the length of service and turnover of justices, and members and size.
#Settled - Nike v. MSCHF: Lil Nas X Satan Shoes
Nike and MSCHF have settled over a lawsuit related to a shoe being sold by MSCHF; this case was previously reported by us on March 31st.
MSCHF will begin a voluntary recall of the Satan Shoes and the previously released Jesus Shoes, both of which were based on Nike sneakers, as part of the settlement. Nike has said that MSCHF would buy back the items at their original retail rates.
Nike has denied its involvement with the Satan or Jesus shoes by stating, “Any customers who were puzzled or want to return their shoes for a full refund can do so. Customers who do not return their shoes and then experience a product fault may contact MSCHF rather than Nike.” MSCHF has said a compromise was the only option to bring the case behind it and devote the time to future creative and expressive ideas.
However, it excoriated the shoemaker in a statement announcing the settlement. The statement against Nike by MSCHF was stated by their lawyer David H. Bernstein as “MSCHF intended to comment on the absurdity of the collaboration culture practiced by some brands, and about the perniciousness of intolerance.”
Thank you for reading!
Credits For Today’s Digest:
Various Content - curated by Alexander M. Baron
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