FILED*
COURT SE R V IC E S

VIRGINIA:

IN THE CIRCUIT COURT FOR FAIRFAXaStSUSOTO AH  0: 06
Civil Division

CLERK. CIRCUIT COURF
FAIRFAX. VA

UNDER WILD SKIES, INC.,
Plaintifl/Counter-Defendant,
v.

CL19-12530

NATIONAL RIFLE A SSO CIA TIO N
OF AM ERICA
Defendant/Counter-PlaintifF,

COUNTERCLAIM ANSWER
PlaintifflCounter-Defendant, Under Wild Skies, (“
Plaintiff’
), by and through undersigned
counsel, D ycio & Biggs, states the following as its Answer to Defendant, National Rifle
Association o f A m erica’
s (“N RA”
) Counterclaim:
1. Plaintiff admits the allegations in Paragraph 1 o f Defendant’
s Counter-Claim.
2. Plaintiff states that Paragraph 2 o f Defendant’
s Counter-Claim states a legal conclusion to which
no response is required. Further, Plaintiff states that the Agreements referenced in Paragraph 2
speak for themselves. Plaintiff avers as a new matter, specifically requiring a response, that '
Wayne LaPierre instructed that two episodes in 2018 not be aired.
3.

Plaintiff states that Paragraph 3 o f Defendant’
s Counter-Claim states a legal conclusion to which
no response is required. Further, Plaintiff states that the Agreements referenced in Paragraph 3
speak for themselves. T o the degree a response is required, the allegations are denied.

4. Plaintiff denies the allegations in Paragraph 4 o f Defendant’
s Counter-Claim and demands strict
.proof thereof.

 5. - Plaintiff denies the allegations in paragraph 5 o f Defendant’
s Counter-Claim and demands strict
proof thereof. Plaintiff avers as a new matter, specifically requiring a response, that the two
“
missing”episodes were in fact produced, but were not released at the sole direction o f Wayne
LaPierre (“LaPierre”
) in his capacity as Vice-President and CEO o f the NRA. Plaintiff further
avers as a new matter, specifically requiring a response, that the aforementioned episodes contain
video footage o f LaPierre firing multiple gun shots, at an elephant in Botswana while attempting
to kill it. Plaintiff further avers as a new matter, specifically requiring a response, that the video
contains footage o f LaPierre’
s wife, Susan LaPierre, cutting off the elephant’
s tail. Plaintiff
•
further avers as a new matter, specifically requiring a response, that the video contains footage o f
Susan LaPierre holding the elephant tail in the air, and proclaiming “
Victory... with Under Wild
Skies!”Plaintiff further avers as a new matter, specifically requiring a response, that LaPierre,
Susan LaPierre, and other members of the hunt posed for photos while sitting on the deceased
elephant.
6. Plaintiff admits only eleven episodes have been aired in 2019. Plaintiff avers as a new matter,
specifically requiring a response, that NRA failed to make contractual payments under the
Agreements, thus breaching the Agreements prior to any alleged non-production.

COUNT I - BREACH OF CONTRACT
(Advertising Contract)
7. Plaintiff incorporates by reference the responses set forth in the paragraphs above.
8. Plaintiff admits the allegations in Paragraph 8 of Defendant’
s Counter-Claim.
9. Plaintiff denies the allegations in Paragraph 9 of Defendant’
s Counter-Claim and demands strict
proof thereof.
10. Plaintiff denies the allegations in Paragraph 10 o f Defendant’
s Counter-Claim and demands strict
proof thereof.

 11. Plaintiff denies the allegations in Paragraph 11 o f Defendant’
s Counter-Claim and demands strict
proof thereof.

COUNT II - BREACH OF CON TRA CT
(Sponsorship Contract)
12. Plaintiff incorporates by reference the responses set forth in the paragraphs above.
13. Plaintiff admits the allegations in Paragraph 13 o f Defendant’
s Counter-Claim.
14. Plaintiff denies the allegations in Paragraph 14 o f Defendant’
s Counter-Claim and demands strict
proof thereof.
15. Plaintiff denies the allegations in Paragraph 15 o f Defendant’
s Counter-Claim and demands strict
proof thereof.
16. Plaintiff denies the allegations in Paragraph 16 o f Defendant’
s Counter-Claim and demands strict
proof thereof.
GROUNDS O F DEFENSE
Under W ild Skies reserves the right to rely on any defense which is applicable, including
those which becom e apparent through the taking o f evidence at trial. Without waiving that right.
Under Wild Skies asserts the following affirmative defenses:
a. The Counter-Complaint has failed to state a claim upon which relief may be
granted.
b. The causes o f action in the Counter-Complaint are barred because NRA would be
unjustly enriched if it were to prevail.
c. N RA ’
s claims are barred, in whole or in part, by the doctrines o f waiver,
ratification, estoppel and/or unclean hands.
d. N R A ’
s claims are barred, in whole or in part, based upon N RA ’
s first and
continued breach o f the contract.

 e. N RA ’
s claims are barred, in whole or in part, because it has not been damaged.
WHEREFORE, Under W ild Skies, Inc. prays for judgment as follows:
a. That the Counter-Complaint be dismissed in its entirety with prejudice;
b. That N R A obtain no relief by way o f this action;
c. That Under W ild Skies be awarded their costs o f suit, including reasonable attorney’
s
fees; and
d. That Under W ild Skies be awarded such other relief as the Court deem s just and
. proper.

Under W ild Skies requests a jury trial on all issues.

Respectfully Submitted,
Under W ild Skies, Inc.,
By Counsel

DYCIO & BIGGS

____________
>502
10533 Main Street
Fairfax, Virginia 22030
Telephone: (703) 383-0100
Facsimile: (703) 383-0101
Email: dquinn@ dyciolaw.com
Counsel fo r Plaintiffs/Counter-Defendants

 CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy o f the foregoing was served oh this 20th day
o f December, 2019 via fax and first-class mail, postage paid, to the following:
Robert Cox, Esq.
Briglia Hundley, PC
1921 Gallows Road, Suite 750
Tysons Comer, VA 22182
F: (703) 883-0899
rcox@brigliahvmdley.com

Danielle A. Quinn, Esq.
Counselfo r Plaintiff/ Counter-Defendant