Cavel International, Inc. v. Madigan

500 F.3d 544 (2007)

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Cavel International, Inc. v. Madigan

United States Court of Appeals for the Seventh Circuit
500 F.3d 544 (2007)

Facts

Cavel International, Inc. (Cavel) (plaintiff) produced horse meat at an Illinois plant for human consumption. Cavel exported its entire output to Europe. Illinois passed an amendment (Amendment) to the Illinois Horse Meat Act, prohibiting the slaughter of horses in Illinois for human consumption. The law did not prohibit the slaughter of horses for other purposes, such as making pet food. Cavel sued Illinois Attorney General Lisa Madigan and other Illinois state officials (defendants) in their official capacities, arguing that the Amendment unconstitutionally burdened foreign commerce. The federal district court found for the defendants. Cavel appealed and, pending the appeal, sought an injunction against the defendants barring enforcement of the Amendment. Cavel argued that it would be shut down if the Amendment was applied. Further, Cavel argued that even if it won on appeal, Cavel would not be compensated for its destroyed business because it could only obtain injunctive relief rather than damages from the state. The defendants argued that the public would suffer the irreparable harm of slaughtered horses if the injunction was granted. The district court denied the injunction, and Cavel appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

Dissent (Easterbrook, J.)

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