8

It’s been a good week for livestock aficionados — albeit not for livestock itself — at the Supreme Court.

On Wednesday, the Court heard oral argument in National Meat Association v. Harris, considering whether federal law preempts a California state statute that requires farmers to immediately euthanize so-called “downed” livestock — animals that can no longer walk.

(It appears that the Court is going to invalidate the state law, enacted in response to animal-welfare advocates’ concerns about mistreatment of sick creatures.)

Among others, the case featured an amicus brief from the American Association of Swine Veterinarians.

5
CUI’s most dramatic example of an alleged breach of one of the requirements contracts is the City’s not buying any dog food from the company during the five- month period. Surely, the company argues, the dogs (police dogs) could not go without food for five months—they would have been driven to roam in packs, eating small children, or even each other; the pathetic starved bodies of the weaker or more fastidious dogs would have littered the Chicago sidewalks. None of this happened. Therefore the City must have been getting the dog food from some other supplier, in violation of the requirements contract.
Judge Posner chats about dogfood requirements contracts.
1

Judge Posner takes on the cat’s paw theory:

In the fable of the cat’s paw (a fable offensive to cats and cat lovers, be it noted), a monkey who wants chestnuts that are roasting in a fire persuades an intellectually challenged cat to fetch the chestnuts from the fire for the monkey, and the cat does so but in the process burns its paw. In employment discrimination law the “cat’s paw” metaphor refers to a situation in which an employee is fired or subjected to some other adverse employment action by a supervisor who himself has no discriminatory motive, but who has been manipulated by a subordinate who does have such a motive and intended to bring about the adverse employment action.

Cook v. IPC Int’l Corp, No. 11-2502 (7th Cir. Mar. 8, 2012).

1
Injured black bears emerge from hibernation with barely a scratch. Although their body temperatures and heart rates drop dramatically and blood circulation slows, black bears heal while hibernating without infections and little scaring, reported zoologists in the journal Integrative Zoology. What’s more, the sleeping bears heal without eating, drinking, or relieving themselves.
Inevitably, the auctions turn out better for the animals’ owners than for the animals themselves. Three days after the auction, Kipper was put in a trailer and driven to a meat science laboratory at Texas A & M University, where he was slaughtered and placed in a cooler.
Once his drug test results come in, Kipper will be butchered, boxed and, along with 66 other top-ranking barrows, donated to charity. The four couples who bought Kipper will each receive a 54-pound gourmet pork package.