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Remedies Keyed to Tabb, 8th
Cavel International, Inc. v. Madigan
Citation:
500 F.3d 544 (2007)Facts
Cavel International produces horsemeat for human consumption at its Illinois plant. Americans do not eat horsemeat, but it is considered a delicacy in Europe, and Cavel exports its entire output to European markets. Illinois recently amended its Horse Meat Act to make it unlawful to slaughter horses for human consumption or to export horse meat knowing it will be used for human consumption. Cavel challenged the constitutionality of this amendment, arguing it violates the Commerce Clause. The district court upheld the statute’s constitutionality and denied Cavel’s motion for an injunction pending appeal. Cavel’s general manager submitted an affidavit stating that denial of the injunction would result in permanent closure of the plant. The defendants are state officials sued in their official capacities, meaning they cannot be held liable for monetary damages if Cavel ultimately prevails.
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