|Drinkhouse v. Van Ness||260 P. 869 (1935)||
Plaintiffs sued defendants to recover value of a horse that was wrongfully taken from them. The Court held that evidence was admissible to establish the value of the horse at the time of the wrongful taking to fix the damages amount. The peculiar value of the horse as a sire was established by evidence as to the horse’s racing history and to its progeny’s character and racing ability. Owners were entitled to recover damages for the reasonable value of the horse’s use during the period they were wrongfully deprived of it.
|Dubner v.City and County of San Francisco||266 F.3d 959||
Photographer brought § 1983 claim and several state law claims against city, police officers, and chief of police alleging unlawful arrest. The Court of Appeals, D.W. Nelson, Circuit Judge, held that: (1) photographer established prima facie case of her unlawful arrest by police officers at animal rights demonstration; (2) police lacked probable to cause to arrest photographer for trespassing under California law; (3) police lacked probable cause to arrest photographer under California's unlawful assembly statute; and (4) police chief could be held liable in his individual capacity.
|DuBois v. Quilitzsch||21 A.3d 375 (R. I. 2011)||
After a dog injured a city inspector during an inspection of a property, the inspector sued the homeowners. Inspector alleged strict liability, premises liability, and negligence. The Supreme Court entered summary judgment for the defendants on the premises-liability and negligence claims because the inspector failed to show that homeowners had knowledge of their dog's vicious propensities. These claims were subject to the common law one-bite rule (and not strict liability) because the injuries occurred within an enclosed area on the owner’s property.
|Ducote v. Boleware||216 So. 3d 934 (La.App. 4 Cir. 2/17/16), writ denied, 2016-0636 (La. 5/20/16), 191 So. 3d 1071||This appeal arises from a personal injury lawsuit filed by Plaintiff Ducote, stemming from injuries she suffered as the result of a bite by defendant's cat. Plaintiff was walking down the sidewalk in New Orleans in the early evening when defendant's cat jumped on her left side and bit her hand causing injury. Plaintiff opted for the rabies immunoglobulin and the vaccine at the emergency room after defendant was unable to produce a rabies certificate (though the cat was later successfully quarantined). The trial court granted summary judgment upon motion for defendant and his homeowner's insurer. Plaintiff now appeals that decision. On appeal, the majority observed that liability of an animal owner (other than a dog) is provided by La. C.C. art. 2321, which gives a negligence standard based on knowledge of an animal's vicious propensities. The court found that there was no scienter on defendant's part as to the cat's dangerous nature (in fact, the cat was known to be a friendly cat with no previous incidents). Plaintiff suggests that liability should be based on a theory of negligence per se. Due to defendant's violation of city ordinances related to proof of rabies vaccination, he should be liable for damages. The court, however, rejected this, as Louisiana law does not recognize statutory negligence per se. Instead, in looking at negligence based on the set of facts, the court found plaintiff did not meet her burden. The trial court's decision was affirmed.|
|Dufer v. Cully||3 Or. 377 (1871)||
This case involved a plaintiff who sued for damages when a bull strayed into, or broke into the plaintiff's enclosures, and the plaintiff, with two other men, went to drive the bull away. The court held that the owner of a domestic animal is not generally liable for injuries resulting from the vicious disposition of the animal, unless he is chargeable with notice.
|Duncan v. State||975 N.E.2d 838 (Ct. App. Ind. 2012)||
A complaint regarding the welfare of horses led to the defendant being convicted of 6 charges of animal cruelty, all of which were class A misdemeanors. Upon appeal, the defendant argued that he had not knowingly waived his right to a jury trial, that Indiana’s animal cruelty law was unconstitutionally vague and that there was no sufficient evidence to overcome a defense of necessity. The appeals court agreed that the defendant did not knowingly waive his right to a jury trial and therefore reversed and remanded the case on that issue; however, the appeals court disagreed with the defendant on the other issues. The case was affirmed in part, reversed in part, and remanded.
|Dunham v. Kootenai County||690 F.Supp.2d 1162 (D.Idaho, 2010)||
This matter involves the Defendant Kootenai County's motion for summary judgment this federal civil rights case filed by Dunham. The facts underlying the case stem from 2008, when county animal control officers went to Dunham's residence to investigate complaints of possible animal cruelty. During their investigation, Defendants entered Dunham's property to ascertain the condition of the horses residing there in a round-pen. Despite the conditions of the horses which necessitated their removal and relocation to an equine rescue facility, Dunham was ultimately charged and found not guilty of charges of animal cruelty. Dunham claims that Defendants violated her Fourth Amendment rights when they searched her property and seized her horses without a warrant. Defendants counter that the search was constitutional based on the open fields doctrine, and that the seizure was constitutional based on the plain view doctrine. Based on the open fields doctrine, the Court concluded that Dunham did not have an expectation of privacy in the searched area.
|Durocher v. Rochester Equine Clinic||629 A.2d 827 (N.H. 1993)||
Plaintiff horse owner appealed from the orders of the Merrimack County Superior Court (New Hampshire), which dismissed his action for veterinarian malpractice for failure to designate an expert medical witness to prove that the owner's horse was permanently injured, and that defendant veterinarians' negligence caused such injury. On appeal, the court agreed that no medical expert testimony was necessary to determine whether a veterinarian was negligent in operating on the wrong animal. However, the court held that expert testimony was necessary to assist jurors in this case on the issues of causation and injury, and generally as to the standards of veterinary care.
|Dutka v. Cassady||2012 WL 3641635 (Not Reported in A.3d)||A rescue organization had adopted out a dog. The new owners were walking the dog unleashed when it attacked another dog. The plaintiff's filed a complaint of common law negligence and recklessness, which alleged that the rescue organization should have known and should have warned them of the dangerous tendencies of the specific dog but failed to do so. Connecticut law imposed strict liability on an owner or keeper of such an animal, and the statute had not been expanded to include the seller or transferor. The issue then was whether the court should expand the scope of such a negligence claim and create a duty of care owed by transferors or sellers of dogs with known and/or unknown propensities for aggression. The court found that there was no support for expanding liability in common law negligence when the organization in this case did not own, possess, harbor or control the dog. The court declines to impose a duty on the rescue agency to inform adoptive families.|
|Dyess v. Caraway||190 So.2d (666 La.App., 1966)||
Plaintiff claimed damages for the death of five pedigreed Norwegian Elkhound puppies resulting from the negligence of defendant, Hugh L. Caraway, a duly licensed veterinarian. Specifically, defendant allegedly failed to make proper diagnostic tests, failed to give proper treatment for coccidia from which the puppy died, although the defendant had professional knowledge that the puppy was suffering from that disease, and failed to exercise the standard of care required by the average prudent veterinarian in the community. The court first noted the difficulty in diagnosing distemper. It also found the doctrine of res ipsa loquitur in applicable in the instant case, primarily for the reason that the instant case involves a question of diagnosis and treatment of a professional nature which in itself requires judgment.
|Dziekan v. Gaynor||376 F.Supp.2d 267 (D. Ct. 2005)||
The plaintiff brought civil rights action against municipality and police officer after officer shot and killed his pet dog. Specifically, he alleged a violation of his substantive due process and Fourth Amendment rights, and the negligent and intentional infliction of emotional distress. On the defendants' motion for summary judgment the court held that the shooting and killing of pet dog was not unreasonable seizure, and the officer was entitled to qualified immunity.
|E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL, PETITIONERS v. UNITED STATES DEPARTMENT OF AGRICULTURE, RESPONDENT||50 Agric. Dec. 14 (1991)||
Lee and Becky Cox, owners of Pixy Pals Kennel, petitioned for review of a decision of the Department of Agriculture suspending their license for ninety days, imposing a $12,000 civil fine, and ordering the Coxes to cease and desist from specified violations of the Animal Welfare Act. The Coxes claim that (1) the suspension violated s 558(c) of the Administrative Procedure Act because there was insufficient evidence to support the Department's finding that their violations of the Animal Welfare Act were willful; (2) they were unconstitutionally penalized for exercising their first amendment rights; and (3) the sanctions imposed on them were excessive. In affirming the USDA decision, the Eighth Circuit held that the definition of "willfulness" was not called into question; rather the Department had presented substantial evidence to demonstrate willfulness. Further, since petitioners' first amendment claim concerned the Department's "motivations," the court held that proof of motivation is a question of fact rather than law, not subject to de novo review. The sanction imposed by the Department, although severe, was not excessive given the size of petitioners' business and the severity of the violations.
|Earl v. Piowaty||42 A.D.3d 865 (N.Y.A.D. 3 Dept.)||Plaintiffs' son was seriously injured when he was bitten in the face by a dog that belonged to defendant Susan Piowaty. Plaintiffs brought action on behalf of their son against Piowaty and the animal shelter from which Piowaty had adopted the dog two weeks prior to the incident, alleging that they had constructive notice of the dog's vicious propensities because of a minor incident earlier that week. However, this court agreed with the denial of plaintiffs' motion for summary judgment because there remains a triable issue as to the defendants' notice of the dog's vicious propensities at the time of the son's injury.|
|Earth Island Inst. v. Evans||256 F. Supp. 2d 1064 (N.D. Cal. 2003)||Plaintiff, groups seeking to protect animals, sought to enjoin implementation of a final finding of defendant, the Secretary of Commerce and his Assistant Administrator of Fisheries, that the encirclement of dolphins with purse seine nets was not having an adverse impact on dolphin stocks as arbitrary, capricious, and an abuse of discretion. The court granted the groups' motion for preliminary injunction, enjoined the Secretary from taking any action to allow any tuna product to be labeled as "dolphin safe" that was harvested using purse seine nets, pending final disposition of the groups' action, and defined what "dolphin safe" would continue to mean.|
|Earth Island Institute v. Brown||865 F. Supp. 1364 (1994)||
Plaintiffs sought to prevent the Secretary of Commerce from allowing the American Tunaboat Association ("ATA") to continue killing northeastern offshore spotted dolphins that had been listed as depleted. Defendants argued that such killings were permissible under the ATA's permit, and that the MMPA provisions relied on by the plaintiffs were irrelevant to the dispute. The court concluded that Congress did not intend to allow the continued taking of dolphin species or stock, once the Secretary had determined that their population level was depleted.
|Earth Island Institute v. Evans||2004 WL 1774221 (N.D. Cal. 2004) (No reporter citation)||
The Secretary of Commerce made a final finding that the intentional deployment on or encirclement of dolphins using purse seine nets did not have a significant adverse effect on any depleted dolphin stock in the Eastern Tropical Pacific Ocean. Several organizations challenged that finding under the Administrative Procedures Act, and the matter came before this Court along with simultaneous motions for summary judgment from both the plaintiff and defendant. The Court concluded that Plaintiff's met their burden of demonstrating that they are entitled to judgment, and the finding of the Secretary is set aside.
|Earth Island Institute v. Hogarth||484 F.3d 1123 (9th Cir. 2007)||
This case concerns the practice of catching yellowfin tuna by encircling dolphins with purse-seine nets. The dispute centers over whether tuna sellers may label tuna as dolphin-safe if caught with such nets. An environmental group brought suit against the Secretary of Commerce after he concluded that there was insufficient evidence to show that tuna purse seine fishing harmed depleted dolphin stocks in the Eastern Tropical Pacific Ocean (ETP). The Court of Appeals affirmed the lower court's decision that the action by the Secretary was arbitrary and capricious where the agency's decision-making process was influenced to some degree by foreign policy considerations rather than science alone. Further, the finding of no significant impact (FONSI) was not rationally connected to the best available scientific evidence.
|Eastep v. Veterinary Medical Examining Bd.||539 P.2d 1144 (Or.App. 1975)||
Petitioner-veterinarian sought judicial review of veterinary medical examining board's denial of his application for renewal of his license to practice, and the permanent revocation of his right to practice veterinary medicine in Oregon. The Court held that there was ample evidence ample evidence to support board's finding that petitioner was guilty of unprofessional conduct for misrepresentation to dog owner of surgical services allegedly rendered, whether the standard adopted be that of 'clear and convincing evidence,' as petitioner urges, or that of 'reliable, probative and substantial evidence' (ORS 183.480(7)(d)), as urged by respondent.
|Eckhart v. Department of Agriculture||8 A.3d 401(Pa. Commw. Ct., 2010)||
A dog kennel operator acquired 30 dogs while under a revised notice to cease and desist operating a kennel and from buying dogs. The Commonwealth Court affirmed fines imposed by the Department of Agriculture, holding that the fines for violation of the dog law were not excessive or unreasonable; that fines for failure to comply with conditions of the revised notice were not unconstitutionally excessive or unreasonable; and that enforcement of orders by Bureau of Dog Law Enforcement pending appeal were not staid by the doctrine of equitable estoppel.
|Eddleman v. U.S.||729 F.Supp. 81 (D.Mont.,1989)||
An action was brought against the BLM under the Federal Tort Claims Act claiming that the government was negligent in failing to inform the adopters that they would not be eligible to receive title if they intended to sell the horses to slaughter. The court dismissed the claim for lack of jurisdiction, characterizing the issue as one sounding in contract, based upon the PMCA, and one that therefore should be brought before the U.S. Claims Court.
|Edmonds v. Cailloux||2006 WL 398033 (Tex.App.-San Antonio) (Not Reported in S.W.3d)||
An in-home caretaker of a sick, elderly woman sued the woman, her trust, and her son after the son’s dog knocked her down causing injury. The court of appeals remanded the case because it found a genuine issue as to whether the dog had dangerous propensities and whether the son knew of the dog’s dangerous propensities to justify strict liability. The court did, however, affirm the order of summary judgment as to the negligence claim, where the son was not the caretaker’s employer and thus did not owe her a duty to exercise reasonable care.
|Edmondson v. Oklahoma||91 P.3d 605 (Okla. 2004)||
Petitioners sought relief from a temporary injunction for the Respondents, which prevented petitioners from enforcing the statute banning cockfighting. The Supreme Court assumed original jurisdiction and held that the statute did not violate the Oklahoma State Constitution, and was not unconstitutionally overbroad. Relief granted for petitioners.
|Edwards v. Shanley||666 F.3d 1289 (C.A.11 (Fla.))||
Automobile driver fled scene of a traffic stop and sustained serious injuries when he was attacked by a police dog, which was allowed to continue for 5 - 7 minutes. Plaintiff brought § 1983 action, alleging that the use of the police dog constituted excessive force, and that the other officer failed to intervene and stop the attack, both of which violated plaintiff’s Fourth Amendment rights. The Court of Appeals held that the use of the police dog to help track and initially subdue the driver was constitutional, but permitting the dog to continue to attack the driver constituted excessive force.
|Eldorado Community Improvement Association Inc. v. Billings||374 P.3d 737 (N.M. Ct. App., 2016)||In this case, Eldorado Subdivision sued some residents who kept hens as pets at their homes. The subdivision had a covenant (Section 11) that disallowed “animals, birds, or poultry” on residents' lots unless kept as “recognized household pets." The defendant-residents claimed that their hens were pets and thus met the household pet exception in the covenant. The lower court agreed with the subdivision and ordered the owners to remove the hens. On appeal, this court looked at the actual language of the covenant, which the court did find to be "unclear and ambiguous." However, the court found that if the residents did not want poultry as household pets, it is reasonable to assume the residents would have removed language that anticipates poultry as household pets. The court here found that the lower court applied the wrong precedent and should have applied a case that favored free use of the land because the covenant is ambiguous. The ruling should not be based on what the developer of the subdivision may have had in mind in writing Section 11 or how community members would interpret its meaning. Instead, the court found that the Section 11 does not disallow hens as pets and rebuffed plaintiffs' "Chicken Little-esque view" that "the sky will fall" if chickens were permitted as pets. In fact, the court observed that if the lot owners want a different result, they must change Section 11 through the election process set out in the covenants. The judgment of the lower court was reversed.|
|Elephant, Inc. v. Hartford Acc. & Indem. Co.||239 So.2d 692 (La.App., 1970)||
A veterinarian agreed to house, transport, and care for an elephant at no charge other than the actual expenses incurred therewith. One evening, the elephant ingested some poison left in its stall by the veterinarian and later died. On appeal of the trial court award to plaintiff, the Court disagreed with defendant’s contention that he, as a gratuitous depositary, could only be held liable for gross negligence, willful misconduct, or fraud. In fact, the civil code in Louisiana, states the burden of a depositary is "that of ordinary care which may be expected of a prudent man." However, an agreement between the parties was found to release Dr. Cane of liability from negligent acts.
|Elisea v. State||777 N.E.2d 46 (Ind. App. 2002)||
Defendant was convicted of cruelty to animals and practicing veterinary medicine without a license after cropping several puppies' ears with a pair of office scissors while under no anesthesia. Defendant maintained that the evidence is insufficient to support the conviction for cruelty to an animal because the State failed to present sufficient evidence to rebut and overcome his defense that he engaged in a reasonable and recognized act of handling the puppies. The court held that the evidence supported conviction for cruelty under the definition of "torture." Further the evidence supported conviction for unauthorized practice where defendant engaged in a traditional veterinary surgical procedure and received remuneration for his services.
|Ellertson v. Dansie||576 P.2d 867 (Utah, 1978)||
In this Utah case, plaintiff sued the defendants for personal injuries he sustained in attempting to untangle the defendants' horse from a chain that he alleges the defendants negligently tied it to a post in their yard. The Supreme Court held that plaintiff who, at defendant's request, entered upon defendants' land to help free horse which had become entangled in chain because of defendant's alleged negligence in tying the horse to the post, could not recover for his injuries since it was his knowing and voluntary conduct in going into a "plain-to-be-seen" danger. The dissent found that defendants did owe a duty to plaintiff to exercise reasonable care under the circumstances in the manner in which they tied the horse. The dissent found this case more analogous to those under a "rescue doctrine," where recovery is not barred based on the doctrine of assumption of risk or intervening cause.
|Elliot v. Hurst||817 S.W.2d 877 (Ark., 1991)||
This tort case involves appellee's suit against appellant for appellant's conversion of appellee's wolf hybrid dog named Rambo. The appellee in this case had placed an ad stating that he had a certain breed of dogs for sale. When appellant went to see the dogs, she noticed a serious leg infection. After consulting with the local prosecutor’s office and an animal organization, she returned to the owner’s home to take the dog in for treatment. The consulting veterinarian determined that the leg had to be amputated. The court held that the recovery was limited to the market value at the time prior to the amputation.
|ELLIS v. OLIPHANT||141 N.W. 415 (1913)||
Plaintiff's dog was killed by defendant after defendant set traps out on his farm to catch the dogs that had been injuring his sheep. There was no claim that plaintiff's dog was caught in the act of chasing or worrying sheep. There was testimony at trail that showed plaintiff's dog was a very valuable one, highly trained, and greatly efficient about the farm; some of the witnesses testifying that he was worth at least $200. The trial court instructed the jury that defendant had no right, under the circumstances shown, to trap and shoot the dog, and the case was submitted to the jury for it to find the value of the dog. This reviewing court found no error and affirmed the judgment for the value of the dog, which was above traditional market value.
|Empacadora de Carnes de Fresnillo, S.A. de C.V. v. Curry||476 F.3d 326 (5th Cir. 2007)||
The issue on appeal was whether Texas' prohibition of horsemeat for human consumption was preempted by the Federal Meat Inspection Act (FMIA) or was in violation of the dormant Commerce Clause. The court held that the statute was not preempted or in violation of the dormant Commerce Clause.
|Engquist v. Loyas||803 N.W.2d 400 (Minn.,2011)||
After a 9-year old child was bitten by defendant's dog while at a sleepover at defendant's house, the child's mother sued the dog’s owners on child's behalf. The jury found that the plaintiff provoked the dog and the court entered a judgment in favor of defendants. The appellate court reversed on the ground that the jury instruction given by the district court misstated the meaning of provocation under the statute, and remanded for a new trial. In the instant action, the Supreme Court affirms this decision. Specifically, the jury here could have found provocation without any consideration of the victim's knowledge of the danger, and this misstatement prejudiced the defendant.
|Erie County Society ex rel. Prevention of Cruelty to Animals v. Hoskins||91 A.D.3d 1354 (N.Y.A.D. 4 Dept.,2012)||
In this action, plaintiff animal society appeals from an order to return 40 horses to defendant after they were seized pursuant to a warrant. The issue of whether the Court has the authority to order return of animals to the original owner was raised for the first time on appeal. Despite the procedural impropriety, the Court found plaintiff's contention without merit. The Court held that the return of the horses is based on principles of due process, not statutory authority.
|Eriksson v. Nunnink||233 Cal.App. 4th 708 (2015)||In this case a deceased horse rider's parents (Erikssons) have brought wrongful death and negligent infliction of emotional distress actions against the rider's coach after she fell from her horse in competition and died. Due to a release form signed by the parents, the coach (Nunnink) could only be held liable if he was found grossly negligent. The parents attempted to show that the coach was grossly negligent in allowing the rider to compete after injuries sustained by the horse. This court concluded that the Erikssons failed to establish that Nunnink was grossly negligent. The court affirmed the judgment.|
|Eshleman v. Key||774 S.E.2d 96; 297 Ga. 364 (Ga., 2015)||A county police officer failed to securely fasten her police dog’s portable kennel; the dog escaped as a result and attacked an 11 year old boy. The father of the boy sued the county police officer, alleging that she failed to restrain the dog. The officer moved for summary judgment on the ground of official immunity. The trial court denied her motion and the appeals court affirmed that decision. On issuing a writ of certiorari, the Supreme Court of Georgia reviewed the case. As a county police officer and dog handler, the Court stated the officer was responsible for the care and maintenance of the dog at all times, even when she was not working. For that reason, the allegation that she failed to secure the dog outside her home concerned her performance of an official function and was presumptively entitled to official immunity—with two exceptions to that presumption. Since the father had not contended that the officer acted with malice or with intent to injure anyone, the issue was whether the officer acted with negligence in the performance of a ministerial function. Since the county had not given the officer specific directions about the extent to which the dog should be restrained and since a generalized duty of care stated in a state statute and county ordinance was not enough to amount to a ministerial duty, the Supreme Court reversed the Court of Appeals’ decision.|
|Eslin v. County of Suffolk||795 N.Y.S. 2d 349 (2005)||
A woman was horseback riding at a ranch in New York and was injured when she fell off the horse. The woman had signed a Horse Rental Agreement and Liability Release Form before the accident. The court determined that the rider assumed the risk of injury and the lower court's decision to deny defendant's motion for summary judgment was reversed.
|Estis v. Mills||--- So.3d ----, 2021 WL 1396598 (La.App. 2 Cir. 4/14/21)||The Estis' sued the Mills for the wrongful killing and disposal of the Appellants’ German Shepherd. On appeal, the Appellants argue that the district court erred in permitting the Appellees to amend their original answer to now include an affirmative defense of immunity pursuant to La. R.S. 3:2654, which would relieve the Appellees of liability. Further, the Appellants contend that the district court erred in granting the Appellees’ motion for summary judgment, asserting that there remain genuine issues of material fact, and notwithstanding liability for the death of the dog, the court erred in dismissing the Appellees’ claim for conversion. The parties were neighbors whose property was separated by an enclosed pasture where the Mills used to keep horses. Despite requests from Mills, the Estis' dogs would enter the pasture and harass the horses. In 2017, Mills discovered the dog yet again in the pasture with the horses, so Mr. Mills shot, killed, and disposed of the dog. Subsequently, the Estis family filed suit seeking damages for the intentional killing of the dog and disposing of the dog in a bayou approximately ten miles away. The lower court granted a motion in favor of the Mills agreeing that they had immunity from suit under La. R.S. 3:2654.1. On appeal to this court, the Estises argue that the Mills waived the immunity under the statute because they failed to affirmatively plead the defense in their answer to the pleadings. This court found that immunity had not been affirmative pled as required by statute. Consequently, the Mills received permission to amend their answer and plead the immunity provision. Following granting of the Mills' second motion for summary judgment based on the immunity statute, the Estises appeal that decision. As to Estis' argument that leave to amend the answer was erroneously granted, this court first noted that determination whether to allow pleadings to be amended is discretionary and will not be reversed absent an abuse of discretion. The court found no evidence that there was bad faith in the decision to the amend the pleadings like delay. Further, there was no demonstration of prejudice from the granting of an amended answer. As to Estis' claim that summary judgment was erroneously granted, the court discussed a photograph that was submitted in evidence support showing a horse grazing with its back presented "indifferently" to the dog. The Mills countered with the evidence of an independent eyewitness to the incident who asserted that the dog harassed the horses. The court noted that issues of the credibility of evidence have no place in a summary judgment appeal. As a result, this court found that the lower court judge's statements that, in effect, weighed the credibility of the photograph versus the testimony of the witness were inappropriate. Thus, the lower court erred in granting the motion for summary judgment. Finally, the court evaluated Estis' conversion claims for the disposal of the dog's dead body. This court said that, [i]f the court finds that the killing of the dog falls under La. R.S. 3:2654, then the claim for conversion of the dog's body does not survive. However, if there were personal items on the dog at the time of the killing, such as a tracking collar or items of other value, then a conversion claim can be made for those items. If the court determines that the immunity statute does not apply, then the claim for conversion and any other applicable damages may apply." Thus, the trial court's judgment to allow the motion to amend the pleadings was affirmed, the granting of the summary judgment was reversed, and the dismissal of Estis' claims for conversion was reversed and remanded for further proceedings.|
|Estis v. Mills||--- So.3d ----, 2019 WL 3807048 (La. App. 2 Cir. August 14, 2019)||On September 11, 2017, Plaintiffs, Catherine Estis, Samuel Estis, and Thuy Estis brought this action against the Defendants, Clifton and Kimberly Mills, seeking damages for the shooting of the Plaintiff’s ten-month-old German Shepherd puppy, Bella. The Plaintiffs alleged that the Defendants shot Bella, did not disclose to them that Bella had been shot, and dumped her body over ten miles away. Defendants filed a motion for summary judgment. The trial court granted summary judgment in favor of Defendants. The Defendants argued that they fell within the immunity afforded by a Louisiana statute that gives immunity to anyone who kills a dog that is not on the property of the owner and is harassing, wounding, or killing livestock. The Defendants alleged that Bella, the puppy, was harassing their horses. The Plaintiffs argued that the immunity afforded by the statute needed to be affirmatively pled by the Defendants and that the Defendants waived such immunity by failing to assert the affirmative defense in their original answer or any subsequent pleading. The Plaintiffs further argued that the motion for summary judgment would not have been granted if it were not for the immunity protections. The Court ultimately held that the Defendants failed to affirmatively plead the immunity statute and, therefore, it reversed and remanded the case to the lower court.|
|Eureka Township v. Petter||Not Reported in N.W.2d, 2017 WL 3863144 (Minn.Ct.App. 2017)||In this case, the Township brought action against property owners to enjoin the owners from possessing exotic animals on the property, operating an animal exhibition on the property, and operating a business pelting exotic animals on the property. The District Court invalidated the township's exotic animal ordinance as conflicting with state statute, determined that an animal exhibition was not a permissible use under the township's zoning ordinance, and permanently enjoined the owners from operating an animal exhibition and conducting any retail sales, except for horticultural products produced on the property. This court held that the exotic animals ordinance did not conflict with state statute nor was it preempted. Further, this court held that the property owners' grandfathered possession and exhibition of exotic animals was limited to one wolf; animal control officer exception to exotic animal possession was limited to temporary possession of exotic animals in conjunction with owner's work as an animal control officer; township was not estopped from enforcing its exotic animal ordinance; and interpreting zoning ordinance's language to require sale of horticultural products from the land itself was not inherently unreasonable. Affirmed in part, reversed in part, and remanded; motion dismissed.|
|Evans v. Craig||807 N.Y.S.2d 417 (2006)||
A postal worker brought an action against dog owners to recover for injuries allegedly sustained when dog jumped on her while she was delivering mail to the owners' home. In affirming the denial of defendant’s motion for summary judgment, the court found that there factual issues as to whether the owners were aware of the potential danger from the dog and whether they took reasonable measures to prevent the dog from jumping on the plaintiff.
|Evelyn Alexander Wildlife Rescue Ctr. Inc. v. New York State Dep't of Envtl. Conservation||Slip Copy, 2017 WL 4868956 (N.Y. Sup. Ct. Oct. 12, 2017)||Petitioners, licensed wildlife rehabilitators with New York Wildlife Rehabilitation Licenses (WRL), challenged two statewide modifications to the WRL pertaining to white-tailed deer, which became effective in 2016. Petitioners contend these actions violated the state Administrative Procedures Act (SAPA). Additionally, they argue the modifications were irrational, arbitrary, capricious, and an abuse of discretion, and WRLs were improperly modified without a prior State Environmental Quality Review Act (SEQRA). The first modification limits the time white-tailed fawns can be held for rehabilitation to a period of only April 15 to September 15 (absent prior written approval). The second modification limits the maximum holding period for an adult white-tailed deer (before release or euthanization) to 48-hours. This court did not find either modification was arbitrary, capricious, or an abuse of discretion. In response to the challenges, the state, through a wildlife biologist, contends they are intended to prevent habituation and the spread of chronic wasting disease (CWD). The explanatory statements provided for the modifications support reasonable and rational interpretations of rehabilitation and do not violate the SAPA. The September 15th cut-off day for fawns was based on scientific research conducted by the state's "Big Game Team" that sought to address issues of disease as well as "a documented pattern of licensed wildlife rehabilitators in New York who have been reluctant to either euthanize or release white-tailed deer." As to the modification for adult deer, there was a rational basis since that time period allows the care of a temporarily stunned deer in need of a short rehabilitation period balanced against disease and habituation concerns. The court also found that the issuance of WRL is a ministerial action exemption from environmental review under SEQRA. The petitions in this consolidated action were denied in their entirety and the proceeding dismissed.|
|Eyrich v. Earl||495 A.2d 1375 (N.J.Super.A.D.,1985)||
In this New York, the neighbors of a five-year-old child who was mauled to death by a leopard that was at a circus held on school property filed suit against the operators of the circus seeking compensation for emotional damages. On defendants' appeal, this court held that defendants were strictly liable to plaintiffs. The court first began with the proposition that wild animals are presumed to have a dangerous propensity and the keepers of such have been held strictly liable. Using a products liability analogy, the court found that as a matter of public policy, it would be 'unthinkable' to refuse to insulate individuals who put a defective car on the road and 'then tell one injured by a wild beast that he has no claim against those who put that beast on the road.' The judgment was affirmed.
|Fabrikant v. French||722 F.Supp.2d 249 (N.D.N.Y., 2010)||
Plaintiff Jody Fabrikant, who had recently placed an advertisement for the adoption of puppies, was in possession of fifteen animals, including fourteen dogs and one cat. Reacting to several complaints regarding the animals’ treatment, defendants, the Ulster County SPCA and employees, executed a search warrant resulting in Fabrikant's arrest and seizure of thirteen of her fifteen animals. Plaintiff subsequently asserted that her federal constitutional rights were violated during the course of her criminal prosecution for animal cruelty. With respect to all four federal claims, the United States District Court for the Northern District of New York granted defendants’ motions for summary judgment since the existence of probable cause (e.g., video recordings and photographs of the condition of the plaintiff’s home) insulated the defendants from liability for their decisions to seize Plaintiff's animals.
|Fabrikant v. French||691 F.3d 193 (C.A.2 (N.Y.), 2012)||
After multiple negative reports came in about the living conditions of her animals, an animal rescue organization seized many of the plaintiff-appellant's dogs; she was then charged with five counts of animal cruelty, but was later acquitted at a state trial. Subsequently, the plaintiff-appellant and her state trial attorney filed a federal civil rights suit against the animal organization and others. After losing at the district level, on the first appeal, and on remand from the first appeal, the plaintiff-appellant appealed the case for a second time. On this appeal, the Second Circuit held that though the animal organization was a state actor, it had qualified immunity, which protected it from the plaintiff-appellant’s charges. Additionally, the court held that investigator’s had probable cause to seize the dogs, which also defeated the plaintiff-appellant’s charges. The lower court’s decision was therefore affirmed, but for different reasons.
|Fackler v. Genetzky||595 N.W.2d 884 (Neb., 1999)||
Plaintiffs sued defendant for the death of their racehorses resulting from alleged veterinary malpractice. The court held that a genuine issue of material fact as to whether veterinarian's actions comported with professional standard of care in treating racehorses precluded summary judgment. However, the owners were not entitled to recover damages for their emotional distress as result of veterinarian's alleged negligent destruction of horses. Nebraska law has generally regarded animals as personal property and emotional damages cannot be had for the negligent destruction of personal property.
|Fair Housing of the Dakotas, Inc. v. Goldmark Property Management, Inc.||78 F.Supp.2d 1028 (D.N.D. 2011)||Plaintiffs bring this action against Goldmark Property Management alleging discrimination on the basis of disability in violation of the Fair Housing Act. The alleged discriminatory policy is a mandatory application fee, non-refundable deposit, and monthly charge that Goldmark imposes on tenants with disabilities who reside with a non-specially trained assistance animal (i.e. a companion pet). These same fees are waived for tenants with disabilities who reside with a trained assistance animal (i.e. a seeing eye dog). The FHA encompasses all types of assistance animals regardless of training; therefore, Goldmark's policy implicates the FHA. Further, Plaintiffs have met their burden of establishing a prima face case of discrimination and have presented sufficient evidence to create genuine issues for trial on the questions of the necessity and reasonableness of the requested accommodation and whether Goldmark's alleged objective for the policy is permissible under the FHA and not pretextual. Therefore, Goldmark's motion for summary judgment is granted in part and denied in part. It is granted as to Plaintiffs' claim of disparate treatment because no proof was offered of a discriminatory intent. It is denied as to Plaintiffs' claims of disparate impact and failure to make a reasonable accommodation.|
|Fallini v. Hodel||783 F.2d 1343 (9th Cir. 1986)||
The Wild and Free-Roaming Horse Act does not require that wild horses be prevented from straying onto private land, only that they be removed if they do stray onto private land.
|Fallo Kattan Alberto c/ Estado Nacional. Año 1982||42.470/83||Before the Argentina National Constitution of 1994, the attorney Alberto Kattan and Juan Schroder brought an action of amparo (protection of rights) against the national government to prevent the hunting of 14 Commerson's dolphins that had been authorized by the national government. The question was whether these people had a cause of action as they had not suffered any direct or personal harm. The court declared the action of amparo valid leaving the administrative authorizations that allowed the hunting of Commerson's dolphins without effect.|
|Fandrey v. American Family Mutual Insurance Company||80 N.W.2d 345 (Wis. 2004)||
Dog bite victim sued homeowners insurer. Held: courts may factor traditional public policy to bar a claim under the dog bite statute, and in this case, public policy precludes imposing liability on homeowners even though the dog bite statute appears to impose strict liability.
|Faraci v. Urban||101 A.D.3d 1753 (N.Y.A.D. 4 Dept.)||
In this New York case, the plaintiff sought damages for injuries his son sustained after the child was bitten by a dog in a house owned by defendant Urban, but occupied by Defendant Buil (the dog's owner). Defendant Urban appeals an order denying her motion for summary judgment dismissing the complaint. Defendant Urban failed to demonstrate as a matter of law that the dog did not have vicious tendencies because defendant's own submissions showed that the dog had previously growled at people coming to the door. However, summary judgment was appropriate here because the evidence failed to show that defendant knew or should have known of the dog's alleged vicious propensities.
|Farm Sanctuary v. United States Department of Agriculture||--- F.Supp.3d ----, 2021 WL 2644068 (W.D.N.Y. June 28, 2021)||Plaintiffs (nonprofit organizations working to protect animals, people, and environments from industrial animal agriculture) filed suit against the USDA and FSIS challenging the implementation of the Modernization of Swine Slaughter Inspection rule, 84 Fed. Reg. 52,300 (Oct. 11, 2019) ("Slaughter Rule”). Plaintiffs contend that the rule allows nearly all pigs in the U.S. to be slaughtered as "unlimited speeds," thereby posing risks to animal welfare and consumer safety. Plaintiffs' lawsuit was later amended to add a claim that challenges Defendants' failure to ban the slaughter of non-ambulatory or "downed" pigs in the rule. Defendants filed motions to dismiss on the grounds that Plaintiffs have no standing to sue. Plaintiffs contend that they have been injured by Defendants' implementation of the Slaughter Rule. Specifically, Plaintiffs argue that the authorization of the high-speed slaughter rule directly conflicts with their organizational missions and redirects resources to counteracting the Slaughter Rule instead of other activities like rescue of animals and advocacy. Some of the plaintiff organizations further allege that their members include consumers who eat pork products and are concerned about the increased health risks they face from consuming products from pigs who have not been adequately inspected as well as impacts to the environment from increased slaughter. In addition, Plaintiffs allege that the FSIS is not consistent in its treatment of downed pigs versus downed cattle, and that downed pigs are inhumanely forced to rise/stand for slaughter resulting in potential exposure to the public of disease and other public health risks. The court first took up Defendants argument that Plaintiffs lack both organizational and associational standing. The Court has reviewed the amended complaint in light of this Second Circuit precedent and finds that Plaintiffs have plausibly alleged that they have been forced to divert resources from mission-critical activities to oppose the Slaughter Rule. In other words, Plaintiffs have plausibly alleged that Defendants’ unlawful practices have impaired and frustrated their ability to engage in mission-related activities and caused a consequent drain on their limited resources, which “constitutes far more than simply a setback to the organization's abstract social interests" sufficient to survive a motion to dismiss. Taking Plaintiffs allegations in their pleadings as true, the Court finds that the amended complaint contains allegations sufficient to support organizational standing. Having found that Plaintiffs have organization standing, the Court need not reach the issue of associational standing. Accordingly, Defendants’ motion to dismiss is denied. Finally, as to the 2020 Action concerning the downed pigs, the Court found that The Court reaches the same conclusion it did in the 2019 Action: that at this stage of the case, Plaintiffs have alleged organizational standing. The Court notes that several other Plaintiffs have submitted declarations from their members, which further explain how those organizations have sustained an injury-in-fact. Plaintiffs have plausibly alleged that they provide additional services beyond mere issue advocacy, that these services have been impaired by Defendants’ actions, and that they have been forced to shift their resources away from those services to oppose the slaughter of downed pigs. Defendants' motions to dismiss were denied.|