North Carolina Ag-Gag / PETA et al v. Stein (formerly Cooper) et al.
Public Justice is lead counsel on behalf of a coalition of public interest groups in a constitutional challenge to North Carolina’s “Anti-Sunshine” law—a statute that, like Ag-Gag laws, allows employers and property owners to sue undercover investigators who wish to blow the whistle on unethical or illegal activities in the workplace. Under the law, organizations and journalists who conduct undercover investigations, and individuals who expose improper or criminal conduct by North Carolina employers, are susceptible to suit and substantial damages if they make such evidence available to the public or the press. The law’s text and legislative history confirm that the statute’s primary objective is to stop undercover investigations by what the legislature termed “private special-interest organizations,” particularly those focused on animal agriculture and food health and safety.
The Plaintiffs group consists of People for the Ethical Treatment of Animals, Center for Food Safety, the Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch, Government Accountability Project, Farm Forward, and the American Society for the Prevention of Cruelty to Animals. The New York Times has published an editorial endorsing the challenge.
Trial Briefs
- NC Ag Gag Dkt 21 First Amended Complaint (BriefComplaint)
- NC Ag GAG Dkt 35 Opposition to Motion to Dismiss (BriefMotion to Dismiss)
- NC Ag Gag Dkt 49 Order Granting Motion To Dismiss (Court OpinionMotion to Dismiss)
- NC Ag Gag Dkt 73 Order on 2nd Motion To Dismiss (BriefMotion to Dismiss)
- NC Ag Gag Dkt 088 Plaintiffs' Opposition to The North Carolina Farm Bureau's Motion to Intervene (BriefMisc. Motions)
- NC Ag Gag Dkt 92 Memorandum Order RE Farm Bureau as Intervenor (BriefMisc. Motions)
- NC Ag-gag Dkt 098 Plaintiffs' Motion for Summary Judgment (BriefMotion for Summary Judgment)
- NC Ag-gag Dkt 099 Plantiffs' Brief in Support of MSJ (BriefMotion for Summary Judgment)
- NC Ag Gag Dkt 114 Plaintiffs' Combined Response to Motion for Summary Judgment (BriefMotion for Summary Judgment)
- NC Ag Gag Dkt 120 Plantiffs' Reply in Support of their Motion for Summary Judgment (BriefMisc. MotionsMotion for Summary Judgment)
- NC Ag Gag Dkt 123-1 Plaintiffs' Proposed Sur-Reply in Support of Their Motion for Summary Judgment (BriefMotion for Summary Judgment)
- NC Ag Gag Dkt 123 Plaintiffs' Brief in Support of Motion for Leave to File Sur-Reply (BriefMotion for Summary Judgment)
- NC Ag Gag Dkt 126 Plaintiffs' Suggestion of Supplemental Authority (BriefMisc. MotionsMotion for Summary Judgment)
- NC Ag Gag Dkt 126-1 Plaintiffs Supplemental Authority - ALDF v. Reynolds (BriefMisc. MotionsMotion for Summary Judgment)
- NC Ag Gag Dkt 134 Plaintiffs' Second Suggestion of Supplemental Authority (BriefMisc. MotionsMotion for Summary Judgment)
- NC Ag Gag Dkt 134-1 Plaintiffs' Second Supplemental Authority - ALDF v. Kelly (BriefMisc. MotionsMotion for Summary Judgment)
- NC Ag Gag Dkt 137 Plaintiffs Response to Defendants' & Intervenor's Suggestion of Supplemental Authority (BriefMisc. Motions)
- NC Ag Gag Dkt 138 Memorandum Opinion and Order (Court Opinion)
- NC Ag Gag Dkt 154 Plaintiffs Bill of Costs (Attorneys’ Fees and CostsBrief)
- NC Ag Gag Dkt 155 Pltfs Motion for Fees (Attorneys’ Fees and CostsBrief)
- NC Ag Gag Dkt 156 Plaintiffs Brief ISO Motion for Fees (Attorneys’ Fees and CostsBrief)
Appellate Briefs
- NC Ag Gag Appeal Dkt 14 Appellees-Plaintiffs Motion To Dismiss Farm Bureau Appeal (AppealBriefMotion to Dismiss)
- NC Ag Gag Dkt 26 PETA Reply to Motion to Dismiss (BriefMotion to Dismiss)
