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Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y

United States Court of Appeals, Ninth Circuit.
Dec 17, 2012
702 F.3d 573 (9th Cir. 2012)

Summary

concluding that, whether an individual is involuntarily committed to the state "turn on the dependent and involuntary nature of the custodial relationship"

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Opinion

No. 12–35266.

2012-12-17

INSTITUTE OF CETACEAN RESEARCH, a Japanese research foundation; Kyodo Senpaku Kaisha, Ltd., a Japanese corporation; Tomoyuki Ogawa, an individual; Toshiyuki Miura, an individual, Plaintiffs–Appellants, v. SEA SHEPHERD CONSERVATION SOCIETY, an Oregon nonprofit corporation; Paul Watson, an individual, Defendants–Appellees.

Martha Christie Helmer, John Neupert, Miller Nash, LLP, Portland, OR, James L. Phillips, Miller Nash, LLP, Seattle, WA, for Plaintiffs–Appellants. Rachel Eve Buker, Daniel P. Harris, Charles Philip Moure, Harris & Moure, PLLC, Seattle, WA, for Defendants–Appellees.


Martha Christie Helmer, John Neupert, Miller Nash, LLP, Portland, OR, James L. Phillips, Miller Nash, LLP, Seattle, WA, for Plaintiffs–Appellants. Rachel Eve Buker, Daniel P. Harris, Charles Philip Moure, Harris & Moure, PLLC, Seattle, WA, for Defendants–Appellees.
Appeal from the United States District Court for the Western District of Washington, Richard A. Jones, District Judge, Presiding. D.C. No. 2:11–cv–02043–RAJ.
Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

ORDER

Defendants Sea Shepherd Conservation Society and Paul Watson, and any party acting in concert with them (collectively “defendants”), are enjoined from physically attacking any vessel engaged by Plaintiffs the Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa or Toshiyuki Miura in the Southern Ocean or any person on any such vessel (collectively “plaintiffs”), or from navigating in a manner that is likely to endanger the safe navigation of any such vessel. In no event shall defendants approach plaintiffs any closer than 500 yards when defendants are navigating on the open sea. This injunction pending appeal is issued pursuant to Fed. R.App. P. 8 and Fed.R.Civ.P. 62(g), and shall remain in place until we issue an opinion on the merits of this appeal.


Summaries of

Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y

United States Court of Appeals, Ninth Circuit.
Dec 17, 2012
702 F.3d 573 (9th Cir. 2012)

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Case details for

Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y

Case Details

Full title:INSTITUTE OF CETACEAN RESEARCH, a Japanese research foundation; Kyodo…

Court:United States Court of Appeals, Ninth Circuit.

Date published: Dec 17, 2012

Citations

702 F.3d 573 (9th Cir. 2012)

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