Wednesday, April 18, 2018

FRAP 42 and the Monkey Selfie

Last week the Ninth Circuit issued an order denying a joint motion to dismiss the appeal in NARUTO, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment of Animals, Inc., v. DAVID JOHN SLATER (a.k.a. the Monkey Selfie case). Here is the full order:

Download Naruto v Slater (Order 4-13-2018)

Having reached a settlement, the parties moved—two months after oral argument—to dismiss the appeal and to vacate the lower court’s judgment. In denying the motion, the court noted that voluntary dismissals are permissive, not mandatory, under FRAP 42, and that “denying the motion to dismiss and declining to vacate the lower court judgment prevents the parties from manipulating precedent in a way that suits their institutional preferences.”

The court also observed that Naruto himself was not a party to the settlement between PETA and the appellees.

More coverage here and here

 

 

 

https://lawprofessors.typepad.com/civpro/2018/04/frap-42-and-the-monkey-selfie.html

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