Wednesday, June 15, 2016

Ongoing Case Highlight: Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y, 2016 U.S. Dist. LEXIS 77449 (W.D. Wash. June 13, 2016)

Summary:

A Japanese whaling company sued an environmentalist group in 2013 and obtained an injunction against acts of piracy and unsafe navigation. In response, on June 30, 2015, the environmentalist group filed an amended counter-claim for injunctive relief regarding whaling against the whaling company and an individual. The counter-claim defendants (i.e. the whaling company and the individual) moved to dismiss.

The court denied the motion to dismiss, and ordered the counter-claim plaintiff (the environmentalist group) to show cause why the court should not dismiss the claim against the individual.

Takeaway:

It's curious why the whaling company bring the case in the Japanese courts. Was it because the Japanese courts would have a difficult time enforcing the order? Because the whaling company sued in the United States, it has now opened itself up to a counterclaim like this one.

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