1 acid impacts on the crab fishery, brings this action against Defendants for Nuisance, Strict Liability 2 for Failure to Warn, Strict Liability for Design Defect, Negligence, and Negligent Failure to Warn. 17. 3 4 fishery closures bear the costs of its impacts, rather than Plaintiff and the men, women, families 5 and businesses of the west coast crab industry. 6 II. PARTIES 7 A. Plaintiff 8 18. Plaintiff the Pacific Coast Federation of Fishermen’s Associations, Inc. 9 (“PCFFA”) is the largest trade association of commercial fishermen on the West Coast. PCFFA 10 has led the fishing industry in protecting the rights of west coast fishermen and fishing 11 communities since 1976. PCFFA fights for the long-term survival of commercial fishing— 12 including commercial Dungeness crab fishing—as a productive livelihood and way of life. PCFFA 13 is a 501(c)(5) not-for-profit trade organization incorporated in California and headquartered in the 14 city and county of San Francisco, California. PCFFA represents, inter alia, crab fishermen and 15 local fishermen’s marketing associations. 16 19. PCFFA brings these claims in its own name; as a representative of its members that 17 are and will continue to be injured financially and otherwise by Defendants’ conduct and 18 consequent domoic acid incidents and domoic acid-induced crab fishery closures; and as assignee 19 of claims assigned to it by individuals and businesses that derive income from the California and 20 Oregon Dungeness crab fisheries that have suffered and will continue to suffer financial and other 21 injuries because of Defendants’ conduct and consequent domoic acid blooms and domoic acid- 22 induced crab fishery closures. As used hereinafter, the term “Plaintiff” refers to PCFFA, its 23 members, and businesses that have assigned PCFFA claims arising from the facts described herein. 24 SHER EDLING LLP By this action, the Plaintiff seeks to ensure that the parties responsible for the 20. PCFFA has diverted resources to addressing domoic acid impacts on the 25 commercial crab fishery, including by dedicating staff time and energy to address these outbreaks 26 in the media, working with state agencies to determine crab fishery closure and reopening 27 procedures, sharing information on domoic acid and closures with its members, and appealing to 28 state and federal entities for fishery disaster relief, among other activities. Domoic acid outbreaks COMPLAINT 6