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Judge B. Lynn Winmill

Idaho squares off with animal rights group before 9th Circuit

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Oral arguments are expected to be scheduled in April in Seattle in an “ag-gag” appeal that has pitted Idaho officials against the Animal Legal Defense Fund in a constitutional battle. The case, Animal Legal Defense Fund et al v. Idaho Attorney General Lawrence G. Wasden, landed in the 9th U.S. Circuit Court of Appeals after U.S. District Court Judge… Continue Reading

Federal courts are slowly reviewing state ‘ag-gag’ laws

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At this point, you would need a large barn yard just to hold all the attorneys who are involved and waiting for a decision by a federal judge on Utah’s ag-gag law. U.S. District Court Judge Robert J. Shelby for the District of Utah has had the issue on his docket since July 22, 2013…. Continue Reading

2015’s Nice List From Your Friends at Food Safety News

Opinion

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On this Christmas morning, we are pleased to announce that there are children who were Nice to food safety this year. We know they are among those who found presents under their tree and their stockings filled with goodies. Let’s begin looking at who they are: Michael R. Taylor, the deputy commissioner of foods at… Continue Reading

Idaho Appeals Federal Court Decision Overturning States’s Ag-Gag Law

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Idaho Attorney General Lawrence Wasden has asked the U.S. Court of Appeals for the Ninth Circuit in San Francisco to review a lower federal court’s opinion that the Gem State’s new “ag-gag” law is unconstitutional. Wasden filed a notice of appeal with the Ninth Circuit over the ruling in August by U.S. District Court Judge B…. Continue Reading

Federal Judge in Boise Strikes Down Idaho’s New ‘Ag-Gag’ Law

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Idaho’s new “ag-gag” law is unconstitutional, U.S. District Court Judge B. Lynn Winmill ruled on Monday. A spokesman for Idaho’s attorney general said the state has not decided if it will appeal the decision to the U.S. Court of Appeals for the Ninth Circuit in San Francisco. Idaho’s is the first “ag-gag” statute to be… Continue Reading

Letter From the Editor: Better a Civil Action

Opinion

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It was U.S. Supreme Court Justice Louis Brandeis who said that “a state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” He meant that various state legislatures, especially over a period of years, may try different solutions to the… Continue Reading

More ‘Ag-Gag’ Bills Could be Decided Before Courts Rule on Challenge

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It’s unlikely that the constitutionality of the new “ag-gag” laws of Idaho and Utah will be known until after those states hold legislative sessions in 2015, and maybe even until after another round of lawmaking in 2016. The controversial “ag-gag” statutes, which prevent undercover investigations at animal agriculture facilities, were adopted in Utah in 2013… Continue Reading

Main Concerns About Idaho’s ‘Ag-Gag’ Law Survive State’s Dismissal Motion

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Animal activists cannot sue Idaho Gov. C.L. “Butch” Otter, and one part of the Gem State’s agricultural protection law stands without review. But U.S. District Court Judge B. Lynn Winmill is allowing a challenge to four other sections of Idaho’s “ag-gag” law to go forward on the basis of three legal concerns. In his ruling issued… Continue Reading

Lawyers File Briefs While Awaiting Judge’s Decision on Idaho ‘Ag-Gag’ Case

Idaho Wants Case Dismissed

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Idaho’s top federal judge has a reputation for enjoying “zealous advocacy” by smart lawyers. But it isn’t known whether U.S. District Court Judge B. Lynn Winmill views as all that helpful briefs filed after final oral arguments on an issue. After final oral arguments on June 26 in Boise over a state motion to dismiss… Continue Reading