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Ass'n des Eleveurs de Canards et d'Oies du Quebec v. Harris

United States Court of Appeals for the Ninth Circuit

May 8, 2013, Argued and Submitted, Pasadena, California; August 30, 2013, Filed

No. 12-56822

Opinion

 [*941]  SUMMARY2

Civil Rights

The panel affirmed the district court's denial  [**2] of a motion to preliminarily enjoin the State of California from enforcing California Health & Safety Code § 25982, which bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size.

The panel affirmed the district court's denial of Eleventh Amendment immunity to the Attorney General. The panel dismissed the State of California and Governor Brown from the lawsuit because they were immune from suit.

The panel held that the only product covered by § 25982 at issue in this appeal was foie gras, a delicacy made from fattened duck liver. The panel held that the district court did not abuse its discretion when it concluded that plaintiffs failed to raise serious questions concerning their Due Process Clause challenge, which alleged that the statute's definition of force feeding was vague and failed to give persons fair notice of what conduct was prohibited. The panel further held that the district court did not abuse its discretion when it concluded that § 25982 did not discriminate against interstate commerce or directly regulate interstate commerce.

OPINION

PREGERSON, Circuit Judge:

Plaintiffs produce and sell foie gras, a delicacy made from  [**3] fattened duck liver. To produce their foie gras, Plaintiffs feed their ducks through a tube inserted directly in the ducks' esophagi. In July 2012, California Health & Safety Code § 25982  [*942]  came into effect. The statute bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size. We are called upon to review the district court's denial of Plaintiffs' motion to preliminarily enjoin the State from enforcing § 25982. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.

FACTUAL BACKGROUND

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729 F.3d 937 *; 2013 U.S. App. LEXIS 18154 **; 2013 WL 4615131

ASSOCIATION DES ELEVEURS DE CANARDS ET D'OIES DU QUEBEC, a Canadian nonprofit corporation; HVFG, LLC, a New York limited liability company; HOTS RESTAURANT GROUP. INC., a California corporation, Plaintiffs-Appellants, and GAUGE OUTFITTERS, INC., Plaintiff, v. KAMALA D. HARRIS, Attorney General; EDMUND G. BROWN, in his official capacity as Governor of California; THE STATE OF CALIFORNIA, Defendants-Appellees.

Subsequent History: US Supreme Court certiorari denied by Ass'n des Eleveurs de Canards et d'Oies du Quebec v. Harris, 135 S. Ct. 398, 190 L. Ed. 2d 249, 2014 U.S. LEXIS 6979 (U.S., 2014)

Partial summary judgment granted by, Judgment entered by, Injunction granted at, Motion denied by Ass'n des Eleveurs de Canards et d'Oies du Quebec v. Harris, 79 F. Supp. 3d 1136, 2015 U.S. Dist. LEXIS 5806 (C.D. Cal., 2015)

Prior History:  [**1] Appeal from the United States District Court for the Central District of California. D.C. No. 2:12-cv-05735-SVW-RZ. Stephen V. Wilson, District Judge, Presiding.

Association des Éleveurs de Canards et D'Oies du Québec v. Harris, 2012 U.S. Dist. LEXIS 191741 (C.D. Cal., Sept. 28, 2012)

CORE TERMS

feeding, foie, gras, commerce, interstate, liver, out-of-state, enlarging, ban, entities, Farmers, injunction, vague, tube, discriminatory, Moulard, dormant, invalidate, correctly, in-state, animal, gavage

Business & Corporate Compliance, Governments, Agriculture & Food, Poultry Products, Civil Procedure, Appeals, Standards of Review, De Novo Review, Constitutional Law, State Sovereign Immunity, General Overview, Governments, State & Territorial Governments, Claims By & Against, Federal & State Interrelationships, State Immunity, Defenses, Demurrers & Objections, Affirmative Defenses, Immunity, Civil Rights Law, Immunity From Liability, Local Officials, Direct Causal Links, Employees & Officials, Protection of Rights, Defenses, Criminal Law & Procedure, Counsel, Prosecutors, The Judiciary, Case or Controversy, Ripeness, Injunctions, Grounds for Injunctions, Remedies, Preliminary & Temporary Injunctions, Abuse of Discretion, Likelihood of Success, Legislation, Interpretation, Preliminary Considerations, Erie Doctrine, Evidence, Judicial Notice, Legislative Facts, Fundamental Freedoms, Judicial & Legislative Restraints, Overbreadth & Vagueness of Legislation, Questions of Fact & Law, Vagueness, Criminal Offenses, Acts & Mental States, Congressional Duties & Powers, Commerce Clause, Dormant Commerce Clause, Animal Protection

Business & Corporate Compliance, Governments, Agriculture & Food, Poultry Products, Civil Procedure, Appeals, Standards of Review, De Novo Review, Constitutional Law, State Sovereign Immunity, General Overview, Governments, State & Territorial Governments, Claims By & Against, Federal & State Interrelationships, State Immunity, Defenses, Demurrers & Objections, Affirmative Defenses, Immunity, Civil Rights Law, Immunity From Liability, Local Officials, Direct Causal Links, Employees & Officials, Protection of Rights, Defenses, Criminal Law & Procedure, Counsel, Prosecutors, The Judiciary, Case or Controversy, Ripeness, Injunctions, Grounds for Injunctions, Remedies, Preliminary & Temporary Injunctions, Abuse of Discretion, Likelihood of Success, Legislation, Interpretation, Preliminary Considerations, Erie Doctrine, Evidence, Judicial Notice, Legislative Facts, Fundamental Freedoms, Judicial & Legislative Restraints, Overbreadth & Vagueness of Legislation, Questions of Fact & Law, Vagueness, Criminal Offenses, Acts & Mental States, Congressional Duties & Powers, Commerce Clause, Dormant Commerce Clause, Animal Protection