Cases

  • After the Institute was denied an injunction in the trial court, the Ninth Circuit Court of Appeals issued an injunction preventing Sea Shepherd from attacking any of the Institute’s vessels in any way and from coming within 500 yards of any Institute vessel operating in the open sea.
  • Several whalers brought suit against Paul Watson and the Sea Shepard Society—of Animal Planet fame—under the Alien Tort Statute for acts that amounted to piracy and that violated international agreements regulating conduct on the high seas. Though the district court denied the whalers a preliminary injunction and dismissed the whalers' piracy claim, the Ninth Circuit found in favor for the whalers. The case was reversed and instructed to be transferred to another district judge; Circuit Judge Smith dissented on the instruction to transfer.

  • The Institute of Marine Mammal Studies (IMMS) brought action against the National Marine Fisheries Service (NMFS) and others, alleging that NMFS regulations did not properly implement the Marine Mammal Protection Act (MMPA), and that the NMFS was improperly administering placement list for rehabilitated sea lions that could not be reintroduced into the wild. Parties cross-moved for summary judgment. After considering the parties' arguments, the administrative record, and the relevant law, the District Court found that the IMMS lacked standing to bring its claim that NMFS regulations did not properly implement the Marine Mammal Protect Act ("MMPA"). Further, the Court found that it lacked subject matter jurisdiction of IMMS' claims that the NMFS was improperly administering a placement list for non-releasable sea lions. However, the Court found it may review the claims concerning the permit allowing IMMS to "take" sea lions. The Court found that a term included in IMMS' permit improperly delegated federal authority to third parties. The permit was therefore remanded to the agency for reconsideration. Each summary judgment motion was granted in part and denied in part.
  • Private individuals and organizations brought action seeking to be named guardians of medical research animals seized from organization whose chief was convicted of state animal cruelty statute violations. The United States District Court for the District of Maryland, John R. Hargrove, J., dismissed action, and individuals and organizations appealed. The Court of Appeals, Wilkinson, Circuit Judge, held that: (1) individuals and organizations lacked standing to bring action, and (2) Animal Welfare Act did not confer private cause of action. Case discussed in topic: US Animal Welfare Act.

  • Irvin Wilson, Sr. owns a corporation named Pet Paradise, Incorporated, which included a pet shop, also called Pet Paradise, specializing in exotic animals. The pet shop was operated by Irvin Wilson, Jr., who is now incarcerated on unrelated charges. Several inspections by the United States Department of Agriculture (USDA) resulted in a finding of 61 violations involving 27 of the regulations and standards promulgated pursuant to the Animal Welfare Act, 7 U.S.C. § 2131 et seq. The USDA imposed sanctions of a $5,000 fine and a suspension of the USDA license for 30 days or until compliance is shown. This court found no reason to disturb the sanctions imposed.
  • In this case, Degtiarov's unleashed dog attacked Irwin's dog without provocation. Though Irwin's dog survived, there were significant veterinary costs. Irwin brought this suit for damages in the form of veterinary costs, which were granted by the district court and affirmed by the appellate court. The sole issue on appeal considers whether damages should be capped at the market value of the dog, despite the reasonableness of the veterinary costs necessary to treat the dog's injuries. The appellate court affirms the damages for reasonable veterinary costs that were incurred for damage caused by a dog, even if these costs exceed the market or replacement value of the animal injured by the dog.
  • The appellant was a keeper of livestock who had shot and injured a neighbor's dog that had strayed into the appellant's pig pen. He had been convicted of doing an act causing unnecessary suffering to the dog contrary to the Protection of Animals Act 1911, s 1(1)(a) (second limb). Dismissing the appeal, the Divisional Court held that the local justices were entitled to find as a matter of fact that it had not been reasonably necessary to shoot the dog.

  • This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff that was alleging terrorizing the neighborhood.  In finding for defendant-officer, the court noted that the consensus among the courts is that a vicious dog is a public nuisance and that governments and their agents have broad power to protect the public from these animals.  The court thus found the officer acted reasonably under the circumstances and had a qualified immunity defense.

  • The Legislature passed Assembly Bill 96 which took effect July 1, 2016 as Fish & Game Code section 2022. The bill imposed new restrictions on the sale and importation of ivory and rhinoceros horn. The Ivory Education (the Institute) sued the California Department of Fish and Wildlife (the Department) in order to block implementation of the law. The institute alleged that the statute was unconstitutional on multiple grounds including vagueness, federal preemption, the takings clause, and the commerce clause. The trial court entered judgment for the Department and the intervenor defendants (the Natural Resources Defense Council, the Center for Biological Diversity, the Humane Society of the United States, the International Fund for Animal Welfare, and the Wildlife Conservation Society). The Institute appealed and abandoned all other issues raised and limited its challenge to the void-for-vagueness doctrine. "The Institute contend[ed] that section 2022 [was] unconstitutionally vague for two reasons: 1) while it allows for the sale or import of ivory insofar as it is allowed by federal law, differences in what federal law allows make it nearly impossible to tell what would qualify for the exemption provided by section 2022(c)(c); and 2) there are no guidelines by which to determine the permissible volume of ivory in either musical instruments or antiques." The Court of Appeals stated that a statute is not vague if its meaning can be determined by looking at other sources of information. Those who wish to comply with section 2022 have a duty to locate and examine statutes or whatever else necessary to determine the scope of the exemption provision. "Section 2022 has a single purpose—to prevent the sale or importation of ivory and rhinoceros horn. Both of those terms are defined. The Institute has 'not demonstrated that attempts to give substance and meaning' to the three disputed exceptions 'would be fruitless.'" As for the Institute's second contention, the Court of Appeals stated that because musical instruments and antiques are tangible objects that occupy a verifiable amount of three-dimensional space, the percentage of any such object that has ivory in it can be readily determined. The Court of Appeals held that the statute was not vague. The Court affirmed the holding of the trial court.
  • Plaintiff appealed an order granting defendants' motion for summary judgment dismissing the complaint. The personal injury action arises from an incident where defendants' dog, who was barking at the time, jumped on the screen door causing the door to open, whereupon the dog ran out of the house. When the plaintiff turned to get away from the dog, her ankle twisted, causing her to fall on the steps and become injured. To recover in New York on such an action, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog, or a person in control of the premises where the dog was, knew or should have known of such propensities. The court held that plaintiff did not raise a triable issue of fact as to whether the defendant was aware of the dog's alleged propensity to run out of the house and chase after people. Defendants' motion summary judgment and dismissal was affirmed.
  • Plaintiff filed suit against the defendant after she was bitten by the defendant’s cat and required medical attention as a result of the bite. Plaintiff found the defendant’s cat on her property and mistakenly started petting the cat, thinking that it was one of her own cats. As plaintiff was petting the cat, it bit her causing her injury. Plaintiff filed a negligence claim against defendant for not restraining the cat. The court held in favor of the defendant because the court found that this incident was not foreseeable and because it was not foreseeable, the defendant did not owe a duty to restrain the animal under the common law, municipal law, or state law.
  • Plaintiff appeals an order granting defendant's motion for summary judgment that dismissed her personal injury case. The plaintiff commenced this action after she was bitten by defendant's dog while working on a computer at defendant's house. This court found that summary judgment was not appropriate because the defendant warned plaintiff that the dog was possessive about her ball and not to touch it. These warnings along with the dog's actions with the ball may give rise to a finding that the defendant knew or should have known that the dog possessed a vicious propensity or a proclivity to act in a way that puts others at risk of harm.

  • Plaintiff was injured by defendants' dog after being knocked to the ground. The plaintiff had her dog over to defendants' house for a "doggie play date" and the dogs were running off-leash in the fenced yard.The lower court granted defendants' motion for summary judgment on plaintiff's claims of negligence and absolute liability, finding that the defendants had not prior knowledge of the dog's propensity to run into people. The Court found that there were genuine issues of material fact as to defendants' prior knowledge of the dog's proclivities to become "hyper" in the presence of other dogs. Thus, the decision to grant summary judgment was reversed and the matter remanded for trial. Notably, the Court did state that it shared "the motion judge's observation that plaintiff may well be comparatively at fault here for choosing to stand in the backyard while the three unleashed dogs ran around."

  • The Connecticut Siting Council granted Cellco Partnership a Certificate allowing the company to build a cell tower in Falls Village, Connecticut.   Dina Jaeger brought suit against Cellco and the Council to prevent the building of the cell tower.   In her complaint, Jaeger cited the harmful effects of radio frequency emissions (RF emissions), and alleged violations of the International Migratory Bird Treaty, the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), the Telecommunications Act (TCA), and the 10 th and 14 th Amendments to the U.S. Constitution.   Defendants moved to dismiss Jaeger's claims on various grounds, including that the Council was preempted from considering the environmental effects of RF emissions under the TCA.   The Court found in favor of the Defendants, holding that the TCA preempts local and state regulation of cell towers solely on the basis of RF emissions.    

  • This case, as an issue of first impression, considers whether Civil Code section 3051 or 30801 governs a dispute involving a veterinary lien for services rendered to a horse. In 1994, Frank and Tara Jakubaitis took their blood-bay horse to Chino Valley Equine Hospital for emergency medical care. Theodore Fischer is the veterinarian that treated the horse, who was hospitalized from February of 1994 to early March of 1994. A letter was sent to the Jukabaitises stating that they had an outstanding balance due of $9,751 and that the horse would not be released until the balance was paid. The letter also informed them that if no payment was made within 10 days, the horse would be sold. The Jukabaitises did not pay for the veterinary services within 10 days, however, the veterinary hospital’s attempts to sell the horse were unsuccessful and the horse remained in the possession of Fischer. The Jakubaitises then sued the hospital, seeking injunctive relief and alleging conversion, claim, and delivery and negligent infliction of emotional distress. The trial court had ordered Fisher to return the horse to the Jakubaitises upon them posting a $500 bond. Fischer then brought this appeal. The case came down to the interpretation of various sections of California law. The trial court impliedly found section 3080 of the California Code to be controlling and sections 3051 and 3052 to be inapt. Section 3051 recognizes veterinary proprietors’ and veterinary surgeons’ lien rights for compensation in caring for, boarding, feeding, and medically treating animals. Section 3052 permits the lienholder, after giving notice to the debtor, to sell the animal at public auction. Section 3080 and 3080.01 govern liens applying to livestock servicers. Essentially, a veterinarian’s services could fall under either of the sections because the term “livestock service” in section 3080 included the term “veterinary services.” Eventually the legislature revised the definition of livestock services in section 3080 and deleted the reference to veterinary services. The Court concluded that the legislature’s intent was clear. Section 3051 continues to govern veterinarian proprietors’ and veterinary surgeons’ lien rights. Section 3080 governs all other livestock service providers. The Court ultimately reversed the trial court’s decision, ordered the horse to be returned to Fischer, the veterinarian, and discharged the bond that was to be paid by the Jakubaitises.
  • Defendant was charged with unnecessary suffering towards three horses found in terrible conditions. It was held that where a protected animal is found in distress, a veterinarian's certificate need not be in writing for a constable or inspector to exercise powers under Section 18 of the Animal Welfare Act 2006 (namely seizure and detention). Oral certification of suffering will suffice in certain circumstances, for example where the protected animal requires urgent treatment and there is not sufficient time to produce a written certificate.
  • Plaintiff dog owners sought review of an order of the Circuit Court of Cook County (Illinois), which dismissed their complaint against defendants, animal hospital and veterinarians, with prejudice. The trial court held that plaintiffs' complaint to recover damages for the loss of companionship they experienced as a result of the death of their dog failed to state a cause of action. The court affirmed the order of the trial court that dismissed the complaint filed by plaintiff dog owners against defendants, animal hospital and veterinarians. The court held that the law did not permit a dog owner to recover for the loss of companionship of a dog.

  • The respondent Janota-Bzowska was an invited guest at the home of the appellant Lewises, where another guest (appellant Holtzman) had tied his Labrador dog outside; the dog lunged at the respondent, causing her to fall and break her finger. A trial court earlier found both dog-owner and home-owners liable to Janota-Bzowska under the doctrines of scienter (strict liabilty) and negligence. On appeal, the court held that there was insufficient evidence to establish that the dog had a propensity to lunge at people, or that the owner knew of such propensity, although the dog was known to chase deer. However, this was not sufficient to allow recovery under scienter. On the issue of negligence, the court also held that the dog's behaviour being 'unexpected and out of character' showed no suggestion of a risk for which the owner had failed to take reasonable precautions, so there was no negligence shown.

  • Tenant brought action under the Federal Fair Housing Act alleging that her landlord failed to reasonably accommodate her mental disability by refusing to allow her to keep companion animals in her rental unit. Tenant put forth evidence establishing that the animals lessened the effects of her mental disability by providing companionship. The housing authority argued that only service dogs are a reasonable accommodation. The court rejected the housing authority's argument, holding that animals other than service animal can be a reasonable accommodation for a disability. Also, the court noted that whether an accommodation is reasonable is a fact-specific inquiry, requiring an analysis of the burdens imposed on the housing authority and the benefits to the disabled person.

  • Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard.

  • In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal.  The court reaffirmed that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog.

  • In this Ohio case, the defendant was charged with violating ordinance setting maximum number of dogs or cats that a person could "harbor" per family dwelling unit.  The court first observed that the village of Jefferson's ordinance benefits from a strong presumption of constitutionality, and defendant Mirando bears the burden of demonstrating unconstitutionality of this ordinance beyond any remaining fair debate on the issue.  The court held that ordinance was not unconstitutionally vague and did not conflict with state statutes regulating kennels.

  • Defendant was convicted of misdemeanor animal cruelty. Defendant appealed, claiming ineffective assistance of counsel. The Supreme Court held that he was not entitled to a reversal, because he failed to demonstrate that his counsel failed to render reasonably competent assistance that prejudiced him to such an extent that he was deprived of a fair trial. The Court held that it was not ineffective assistance to 1) fail to object to testimony regarding defendant's arrest and incarceration, and 2) fail to object to defendant's brother testifying while wearing a striped prison suit.

  • Jippes, an ECJ case from 2001, involved a legal dispute over the hoof and mouth pandemic ravaging Europe at the time.  To stem spread of the disease, the EU passed a community directive banning the use of preventative vaccinations and mandating compulsory slaughter. The plaintiff—or “applicant,” as plaintiffs are referred to in Europe—owned a variety of farm animals, and, loathe to kill them,  argued that European law embraced a general principle that animals were shielded from physical pain and suffering. Such a principle, the applicant argued, could only be overridden when absolutely necessary; and the compulsory slaughter directive was in direct conflict with this principle. The ECJ, however, rejected the applicant’s argument, holding that the Animal Welfare Protocol of 1997 did not delineate any new important animal-friendly principles in European law, but merely codified old ones. 

  • An animal control employee lost her job due to the city’s decision to outsource the department to another city. Plaintiff sued the city on eleven counts, but lost due to the district court’s grant of the city’s motion for summary judgment. On appeal, the plaintiff lost on her First Amendment, American Disability Act, Utah Protection of Public Employees Act, and breach of contract claims.

  • Although he has never been prosecuted or threatened with prosecution under the District of Columbia's Animal Control Act, plaintiff, an animal rights activist, challenges a provision that reads: “No person shall knowingly and falsely deny ownership of any animal.” D.C.Code § 8–1808(b). Plaintiff asserts that he desires to give speeches in the District of Columbia about why he opposes treating animals as property, and in such speeches he would like to deny ownership of his dog. However, he alleges that he does not do so because he is deterred by D.C.Code § 8–1808(b). Plaintiff therefore sued the District of Columbia to obtain declaratory and injunctive relief, arguing the statute violated his First Amendment right to free speech. The District Court, however, found that plaintiff lacked standing because he presented no concrete evidence to substantiate his fears of prosecution, but rather rests his claims on mere conjecture about possible governmental actions. Such hypothetical fears cannot form the basis for standing under Article III of the US Constitution. The defendant's motion to dismiss was therefore granted and the plaintiff's motion for summary judgment was therefore dismissed.
  • Plaintiff appealed an order denying her claim to emotional distress damages presumably for the death of her dog.  The court held that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent killing of a dog.

  • After a repairman was injured by a dog that grabbed his leg through his jeans and made him fall from a ladder, the victim sued the owners under the dog bite statute, Civ. Code, § 3342. The court held that the statute applied, even though the plaintiff was not wounded by the bite. The word “bite” did not require a puncture or tearing away of the skin.

  • The Court upheld a decision of local justices to dismiss an information that the defendant "did cruelly ill-treat, abuse, and torture a certain animal" contrary to the Cruelty to Animals Act 1849, s. 2 (1). The Act made it an offence to ill-treat, abuse, or torture an animal, and thereby established three separate offences from which the prosecutor should have elected. Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.

  • Petitioner pet owner alleged that respondent veterinarian took her dog to be spayed, and left the animal on heating pads, which resulted in serious burns, so petitioner filed a claim for damages on the basis of gross negligence, damage to property, and emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount.  The appellate court held that there remained a jury question on the issues of gross negligence and physical and mental pain and suffering as claimed by petitioner.

  • Seeking compensatory and injunctive relief, Plaintiffs commenced a 42 U.S.C. § 1983 action against Defendants County of Erie, Erie County Sheriff's Department, and John Does 1 and 2; Defendants Society for the Prevention of Cruelty to Animals ("SPCA") and a SPCA peace officer; and a dog control officer based on alleged searches of Plaintiffs' property and seizure of animals purportedly belonging to Plaintiffs. After reviewing the defendants moved for summary judgment, the district court granted and dismissed the motion in part.

  • In this New York case, the plaintiffs, organizations concerned with the treatment of animals in the New York City zoos, sought injunctive and declaratory relief against city officials who were charged with operating the zoos. Due to a citywide fiscal crisis, the City had to make “Draconian” choices with its human and animal charges, according to the court. In granting a motion to dismiss, this court declined to accept the responsibility for matters that it found to be administrative in nature.

  • This action involves a challenge, under the Free Exercise and Establishment Clauses of the First Amendment, to the Humane Slaughter Act and in particular to the provisions relating to ritual slaughter as defined in the Act and which plaintiffs suggest involve the Government in the dietary preferences of a particular religious (e.g., Orthodox Jews) group.  The court held that there is no violation of Establishment Clause because no excessive governmental entanglement and by making it possible for those who wish to eat ritually acceptable meat to slaughter the animal in accordance with the tenets of their faith, Congress neither established the tenets of that faith nor interfered with the exercise of any other.

  • The plaintiff in Jones v. Craddock , 210 N.C. 429 (N.C. 1936), brought a cause of action for negligent injury to her dog. In this case of first impression, the court embraced, “. . . the modern view that ordinarily dogs constitute a species of property, subject to all the incidents of chattel and valuable domestic animals.” The court determined that plaintiff was entitled to a cause of action for negligence since defendant could have avoided running over plaintiff’s companion animal with a slight turn.

  • A permit was authorized to Sea World to capture killer whales. No environmental impact statement was prepared. Plaintiffs allege that the issuance of the permit without preparation of an environmental impact statement violated the National Environmental Policy Act of 1969. The Court holds that the permit must be reconsidered after an environmental impact statement is prepared.

  • This involved an action by R. D. Jones against the St. Louis, Iron Mountain & Southern Railway Company, claiming $2,000 damages,--$1,000 for the value of a colt killed by defendant's train, and $1,000 damages for not posting notice of the killing as required by the statute. The court looked at areas in the market outside of the locality since local information on the colt’s market value was not available. The court affirmed the lower court's judgment due to a lack in plaintiff's proofs at trial.

  • Defendant was convicted of unlawfully owning, possessing, keeping or training a dog or dogs with intent that such dog or dogs be engaged in an exhibition of fighting with another dog, and he appealed. The Court of Criminal Appeals held that: (1) dogfighting statute was not unconstitutionally vague; (2) testimony of animal cruelty investigator was sufficient for jury to conclude that defendant owned dogs after effective date of antidog-fighting statute; (3) evidence as to poor conditions of dogs and their vicious propensities exhibited while lodged at animal shelter was relevant to issue of defendant's intent to fight the dogs; and (4) evidence gained by police officer pursuant to search warrant was not inadmissible.

  • The California Department of Forestry approved a developer's Timber Harvest Plan of cutting trees down to build a housing development. The court found that The California Department of Forestry abused its discretion by approving the Timber Harvest Plan because it had not given the public sufficient information about the plan, including the impact on the Northern Spotted Owl before approving it, and because the Timber Harvest Plan did not adequately address the issue of how the plan would affect water quality in the area.

  • The appellant was convicted of failing to provide food and water to dogs who were chained to a spot. Citing the extreme nature of the neglect and the need for general deterrence, the trial judge sentenced the appellant to three months' imprisonment. On appeal, the appellate judge found the sentence to be manifestly excessive and reduced the sentence.

  • In this case, the husband and wife had agreed to shared ownership of their dog, which the lower court incorporated into its order.Based on danger the dog faced by other dogs in the wife’s home and increased contention between the parties, the lower court next gave the husband custody with an order for the wife’s visitation, and finally awarded sole custody to the husband. The state’s Supreme Court affirmed the modified order.
  • Using the Freedom of Information Act (FOIA), the United States Humane Society requested that the United States Department of Agriculture (USDA) disclose a certain Animal Welfare Act form. Arguing that two FOIA exemptions prevented the USDA from releasing certain information on this form (the number of dogs that they buy and sell each year and their annual revenue from dog sales), three Missouri dog breeders and dealers sought to prevent this information’s disclosure. After finding that the public interests in disclosing the information outweighed the privacy concerns for the breeders, the district court granted the USDA's and the U.S. Humane Society's motion for summary judgment.    

  • The State of Maryland passed a “No More Puppy-Mill Pups Act” which went into effect January 1, 2020. The Act prohibits retail pet stores in Maryland from offering for sale or otherwise transferring or disposing of cats or dogs. Four pet stores, a dog breeder, and a dog broker filed suit against Brian Frosh, the Attorney General of Maryland, the Consumer Protection Division of the Office of the Maryland Attorney General (CPD), the Maryland House Economic Matters Committee, and the Maryland State Senate Finance Committee seeking an injunction prohibiting enforcement of the Act as well as a declaration that it is unconstitutional under the Commerce Clause and the Equal Protection Clause of the United States Constitution. The Defendants were all entitled to sovereign immunity under the Eleventh Amendment, unless an exception were to apply. Under the Ex parte Young exception “private citizens may sue state officials in their official capacities in federal court to obtain prospective relief from ongoing violations of federal law.” The CPD and Committee Defendants were not State officials and, therefore, they did not fall within the Ex parte Young exception. The Ex parte Young exception, however, applied to Mr. Frosh as he was the Attorney General of Maryland since he had some connection with the enforcement of the Act. In Counts I, II, and III, the Plaintiffs alleged that the Puppy-Mill Act violated the Constitution's Commerce Clause. The Court found that the Plaintiffs failed to plausibly allege that the Act discriminated against out-of-state breeders and brokers in its text, in its effect, or in its purpose. Count IV alleged that the Puppy-Mill Act was preempted by the AWA. The Court found that prohibiting Maryland pet stores from selling dogs or cats had no effect on the operation of the AWA. The Puppy-Mill Act's impact on pet stores did not clash with the AWA, because pet stores were explicitly exempt from the AWA. Count V alleged that the Puppy-Mill Act deprived Plaintiffs of their constitutional right to the equal protection of law, in violation of the Fourteenth Amendment to the Constitution. The Court found no merit in this argument. Count VI asserted that the Act created a monopoly prohibited by Article 41 of the Maryland Declaration of Rights. The Court found that the Puppy-Mill Act did not constitute an exclusive right to sell cats and dog in Maryland. Although the Act prohibited brick and mortar stores from participating in the sale of cats and dogs, consumers still had a plethora of choices when seeking to obtain a pet, including rescue shelters, animal control units, USDA licensed breeders and brokers, and unregulated hobby breeders. The Court ultimately dismissed all claims against the CPD and the Committee Defendants and allowed the claims against Brian Frosh to proceed.
  • An animal control facility's practice of euthanizing feral cats without holding them for 72 hours was challenged by a non-profit organization.  The animal control facility's method for determining if a cat is feral consisted only of poking the animal and gaging its reaction.  The trial court dismissed the claim, but the Court of Appeals reversed the decision.

  • Non-profit and advocate challenged the improper treatment/euthanasia of animals and complaint was dismissed.  On appeal, the Court of Appeals held that the plaintiff's qualified as "aggrieved persons" within the statute, but that all administrative remedies were not sought.  Affirmed.

  • In this Texas appeal, defendant Brent Justice contends that his conviction for a single count of cruelty to a nonlivestock animal was based on insufficient evidence. The incident stemmed from defendant's filming of his co-defendant, Ashley Richards, torturing and killing of a newly-weaned puppy. Justice and Richards ran an escort business named "Bad Gurls Entertainment" that focused on the production and distribution of animal "crush" videos (fetish videos involving the stomping, torturing, and killing of various kinds of animals in a prolonged manner). The evidence that supported the conviction involved the confessions of both perpetrators and the video of the puppy being tortured and ultimately killed. On appeal, defendant argues that he cannot be found guilty since was not the principal involved in the offense. This court was unconvinced, finding that the evidence was sufficient to support a state jail felony since "[t]here is no shortage of evidence that appellant aided Richards in her cruelty," including handing Richards the knife and filming the killing. The one issue in defendant's "hybrid" pro se and represented brief on appeal that the court granted was related to a finding that defendant used a "deadly weapon." After the filing of initial briefs, the Court of Criminal Appeals in Prichard v. State, No. PD-0712-16, --- S.W.3d ---, 2017 WL 2791524 (Tex. Crim. App. June 28, 2017), held that “a deadly weapon finding is disallowed when the recipient or victim is nonhuman.” Thus, in the case at hand, the court deleted the deadly weapon finding since it was directed at the puppy rather than a human. The case was remanded for a new hearing on punishment only since the conviction was affirmed for a state jail felony.
  • In this Utah case, the defendant appeals the decision of the district court finding him guilty on four counts of failing to maintain a city dog license and one count of running an illegal kennel. In December 2005, a Kanab City animal control officer responded to numerous complaints of barking dogs at Defendant's residence. This officer observed four dogs over the age of three months on the premises during two separate visits to Defendant's home that month and on subsequent random visits in the following months. On appeal, defendant argued that the city ordinance on which his conviction for operating an illegal kennel is based is unconstitutionally vague. This court disagreed, finding that an ordinary person reading the ordinance would understand that, in order to keep more than two dogs over the age of three months in the same residence, a citizen must register for a kennel permit.

  • Plaintiff, a passenger of a horse-drawn sled sued the owner of the property on which the accident occurred, as well as the owner of the horses and the sled for the injuries she suffered when thrown from the sled.   The Court of Appeals found that the equine immunity statute provided protection for the owner of the horse against tort liability.   The plain language of the statute provides that immunity from civil liability is available to all persons , “ including an equine activity sponsor or equine professional…”; thus, protection is not limited only to those who are sponsors or professionals, rather they are examples of types of people to whom the statute applies.

  • A district court found the appellant’s animals had been lawfully seized, and then divested appellant of ownership of the animals and vested custody to the American Society for Prevention of Cruelty to Animals (ASPCA). The appellant filed an appeal in the civil division of the circuit court, but the circuit court dismissed the appeal as untimely and not properly perfected. Upon another appeal, the Arkansas Court of Appeals found it had no jurisdiction and therefore dismissed the case.

  • Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA").

  • The fact of the case arose in 2004 and related the transportation of cows from one province to another in violation of restrictions on the export of cows for meat slaughter. An opinion on that case was given in 2013, then a revised petition was submitted to this court, and several years later this opinion was given. Much of the 100 pages did not deal with the events of the case, but with the jurisprudence of animal rights. The ultimate holding of the judge directed a state agency to enforce a number of very specific standards for the transportation of animals. The Punjab and Haryana High Court declared, in this exceptional judgment, that animals and birds have legal rights, just as humans. It further declared citizens as the “guardians of [the] animal kingdom” with a duty to ensure their welfare and protection. Justice Rajiv Sharma, in his order, said, “All the animals have honour and dignity. Every specie[s] has an inherent right to live and is required to be protected by law. The rights and privacy of animals are to be respected and protected from unlawful attacks. The Corporations, Hindu idols, holy scriptures, rivers have been declared legal entities, and thus, in order to protect and promote greater welfare of animals including avian and aquatic, animals are required to be conferred with the status of legal entity/legal person. The animals should be healthy, comfortable, well nourished, safe, able to express innate behaviour without pain, fear and distress. They are entitled to justice. The animals cannot be treated as objects or property.”

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