Cody Easterday’s attorney on Nov. 21 asked the full 9th U.S. Circuit Court of Appeals to rehear the imprisoned ex-cattleman’s lawsuit against Tyson Fresh Meats, arguing the case could refine the law on “personality rights.”

The motion by lawyer Charles Macedo seeks to resurrect claims Tyson failed to compensate Easterday for using his name and photograph to market “Cody’s Beef” in Japan between 2014 and 2022.

A three-judge panel in October ruled a purported oral agreement between Easterday and Tyson was too poorly documented for the court to enforce. The ruling confirmed a U.S. District Court decision.

The motion filed Nov. 21 seeks to change the gist of the lawsuit. If no contract existed, Tyson used Easterday’s likeness without permission, and the court should consider whether Tyson broke a Washington state law that defines a person’s name and photo as a property right, Macedo argues.

A person’s right to their name and likeness is a “hot button issue in the current climate,” according to Macedo.

“In counsel’s judgment, this case involves a timely and important issue regarding personality rights,” his motion reads.

Easterday, 53, raised cattle for Tyson’s beef plant near Pasco, Wash., and defrauded the company out of $233 million by billing it for feeding 265,000 head of cattle that didn’t exist.

He pleaded guilty to wire fraud and was recently transferred from a prison in California to a maximum-security prison in Terra Haute, Ind.

He’s scheduled to be released in 2029.

Shortly after being sentenced in 2022, Easterday sued, alleging Tyson reneged on giving him a cut of the profits from selling “Cody’s Beef.” As proof, Easterday presented email exchanges that judges have found cryptic.

The three-judge panel also ruled Easterday should have sued within three years of Tyson allegedly breaking a contract.

A new complaint with more evidence of a breached contract will be futile because the statute of limitations has run out anyway, according to the panel.

Macedo argues the three-year statute of limitations shouldn’t apply to claims that Tyson misappropriated Easterday’s likeness. Tyson marketed “Cody’s Beef” as late as June 2022, a half year before the suit was filed.

If the federal court is unsure whether time has run out on making a claim under the state law, it could refer the question to the Washington Supreme Court, Macedo suggested.

If revived, Easterday’s lawsuit faces other challenges. The three-judge panel said Easterday’s criminal actions blocked him from claiming Tyson unjustly enriched itself at his expense.

The panel upheld a decision by U.S. District Judge Stanley Bastian in Yakima, who dismissed the lawsuit without granting Easterday’s attorney an oral argument. The panel also dismissed the suit solely based on briefs.