Results

These three cases arose out of an undercover investigation by the United States Fish and Wildlife Service (FWS) into the illegal taking and sale of wildlife in interstate commerce, where defendants were engaged in the guiding and hunting business wherein customers would pay for illegal big game hunts.  The court denied defendants' defense of outrageous government conduct and entrapment.  It also held that the Lacey Act clearly notifies individuals that participation in prohibited transactions involving wildlife with a market value greater than $350 subjects them to felony prosecutions, thus defeating defendants' challenge of vagueness to the statute.  Notably, the court reversed convictions on the fact that the provision of guiding services or providing a hunting permit does not constitute the sale of wildlife for purposes of the Lacey Act (this was amended in 1988 to include guide services, which overturned this decision.  See U.S. v. Atkinson, 966 F.2d 1270 (9th Cir. 1992). 

In this case, the Oregon Court of Appeals was reviewing whether or not the trial court erred in holding that an insurance company was estopped from relying on an exclusion in an insurance policy. The plaintiffs in this case were transporting horses in California that were owned by other when the trailer carrying the horses caught fire. The insurers for the horse owners compensated the horse owners and then filed an action against plaintiffs. As a result, plaintiffs charged the defense of the action to their insurer, OMI. OMI refused to provide a defense for the plaintiffs, arguing that it was not covered in the insurance policy. Plaintiffs filed an action against OMI to recover the costs arguing that they were verbally told that this would be covered in the policy. The trial court ordered summary judgment for the plaintiffs, holding that OMI was estopped from denying liability because it had breached its contract with plaintiff. Ultimately, the court of appeals reviewed the issue and determined that the trial court had erred in its decision. The court of appeals found that based on applicable case law, estoppel cannot be used to negate an express exclusion in an insurance policy. As a result, the court reversed the trial court's decision and remanded the case.