|Booth v. State of Arizona||83 P.3d 61 (Ariz. 2004)||
Motorist struck an elk lying on the side of the interstate highway and sued the state for negligence. The Court held that the state could be held liable for negligence and that the jury finding that the state breached its duty to keep the highway safe was supported by the evidence.
|Bormann v. Board of Supervisors In and For Kossuth County||584 N.W.2d 309 (Iowa 1998)||
The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement.
|Bormaster v. Henderson||624 S.W.2d 655 (Tx. 1981)||
This appeal arises out of a suit brought under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and for breach of expressed and implied warranties after plaintiff purchased an allegedly defective umbrella cockatoo from a pet shop. Prior to purchase, appellee-seller stated the cockatoo was healthy and gave the appellant an "Official Health Certificate for Animals and Fowl" with a 72-hour expressed warranty on the health of the cockatoo. Two weeks later the cockatoo began showing signs of poor health so appellant took it to a veterinarian (it later died). This court concluded the trial court had sufficient rebuttal evidence upon which to hold appellant failed to prove the cockatoo's death by a preponderance of the evidence. Further, this court agreed with the trial court's finding that appellant failed to prove by a preponderance of the evidence that the appellees committed any false, misleading or deceptive acts under the DTPA, or breached any expressed or implied warranties.
|Born Free USA v. Norton||278 F. Supp 2d 5 (D.D.C. 2003)||
The zoo sought to import wild elephants from a foreign country, but advocates contended that the officials did not follow CITES properly for the import. The court held that the advocates failed to show a likelihood of success to warrant preliminary injunctive relief, since no overall detriment to the species was shown.
|Boss v. State||964 N.E.2d 931 (Ind.App.,2012)||Defendant appealed her convictions of misdemeanor failure to restrain a dog and misdemeanor harboring a non-immunized dog after her dogs attacked a neighbor and a witness to the incident causing serious injury to both parties. Evidence supported her convictions for failure to restrain dogs because her fence had gaps through which the dogs could escape, and another dog was wearing only a loose collar. Evidence supported her convictions for harboring dogs that had not been immunized against rabies because she did not show proof that dogs had been immunized, which supported inferences that she was aware of the high probability that the dogs had not been immunized, and therefore, she knowingly harbored non-immunized dogs.|
|Boulahanis v. Prevo's Family Market, Inc.||230 Mich.App. 131 (1998)||Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not Michigan standards. The United States Department of Agriculture elected not to address E. coli contamination, thus Michigan may not impose liability on manufacturers for not addressing possible E. coli contamination.|
|Bowden v. Monroe County Commission||800 S.E.2d 252 (W. Va. May 18, 2017)||The Plaintiff, as administratrix of the estate of her late husband, filed a complaint after he was attacked and killed by American Pit Bull Terriers while taking a walk near his home. The Plaintiff filed against the Defendants, Monroe County, the County Dog Warden Ms. Green, and other defendants, alleging, negligence in performing their statutory duties by allowing vicious dogs to remain at large, and wrongful death. The Plaintiff also sought punitive damages. The Defendants filed a motion to dismiss the complaint and asserted a defense based upon the public duty doctrine. The Circuit Court, Monroe County, granted summary judgment in favor of the Defendants. The Plaintiff appealed. The Supreme Court of Appeals of West Virginia reversed the Circuit Court and remanded. The Supreme Court held that genuine issues of material fact existed for determining whether a special relationship existed between the county and the victim such as whether: (1) the dog warden assumed an affirmative duty to act on the victim's behalf, (2) the dog warden was aware that inaction could lead to harm, (3) the dog warden had direct contact with the victim's wife regarding vicious nature of dogs; and (4) the victim's wife justifiably relied on assurances from dog warden.|
|Boyer v. Seal||553 So. 2d 827 (La. 1989)||In this case, plaintiff filed suit against her daughter under Civil Code article 2321 after her daughter’s cat accidentally tripped plaintiff causing injury to her wrist and back that required medication and hospitalization. Under Civil Code article 2321, plaintiff must show that the domestic animal created an “unreasonable risk of harm” and that any damage that occurred was a direct result of that harm. Additionally, the plaintiff does not need to show that the animal was acting aggressively or was inherently dangerous to collect damages under the code. The court held that plaintiff did not meet this burden of showing an “unreasonable risk of harm” because the cat “getting underfoot and accidentally tripping the plaintiff was not an unreasonable risk.”|
|Brackett v. State||236 S.E.2d 689 (Ga.App. 1977)||
In this Georgia case, appellants were convicted of the offense of cruelty to animals upon evidence that they were spectators at a cockfight. The Court of Appeals agreed with the appellants that the evidence was insufficient to support the conviction, and the judgment was reversed. The court found that the statute prohibiting cruelty to animals was meant to include fowls as animals and thus proscribed cruelty to a gamecock. However, the evidence that defendants were among the spectators at a cockfight was insufficient to sustain their convictions.
|Bramblett v. Habersham Cty.||816 S.E.2d 446 (Ga. Ct. App., 2018)||Defendants appeal from an order granting a petition for recoupment of costs filed by Habersham County pursuant to OCGA § 4-11-9.8, and a separate order directing the defendants to pay $69,282.85 into the court registry in connection with the boarding, treatment, and care of 29 dogs that the Brambletts refused to surrender after the County seized over 400 animals from their property. In April 2017, over 400 animals were removed from the Bramblett's property and they were charged with over 340 counts of cruelty to animals under Georgia law. There were 29 animals that were not surrendered and were running loose on the property. The current petition for recoupment of costs here refers to the care for those 29 animals, which were later impounded. The Brambletts appealed that order, arguing that the trial court erred in granting the County's petition without providing notice under OCGA § 4-11-9.4. The appellate court disagreed, finding that the procedure in OCGA § 4-11-9.8 applied because the notice provisions of OCGA §§ 4-11-9.4 and 4-11-9.5 only apply when the animal has been impounded “under” or “pursuant to this article” of the Georgia Animal Protection Act. Here, the animals were seized under as part of an investigation of violations of OCGA § 16-12-4 so the notice provisions did not apply. As to defendants contention that the court erred by not considering the "actual predicted costs" of caring for 29 dogs and instead relying on a "formulaic calculation," the court also found no error. The judgment was affirmed.|
|Brandon v. Village of Maywood||157 F. Supp.2d 917 (N.D. Ill. 2001)||
Plaintiffs brought § 1983 action against village and police officers after botched drug bust in which bystander and dog were wounded. The court held that the police officers were entitled to qualified immunity in shooting of dog and the village did not have policies on police conduct that warranted liability. However, issues of fact precluded summary judgment on false imprisonment claim based on officers' assertion of immunity.
|Branks v. Kern||348 S.E.2d 815 (N.C.App.,1986)||
In this negligence action, a cat owner brought suit against veterinarian and veterinary clinic after she was bitten by her own cat while the cat was receiving treatment by the veterinarian. At issue, is whether the veterinarian owed a duty to the cat owner to exercise reasonable care in preventing the cat from harming the owner while the cat was being treated. In review of the lower court’s grant of motion for summary judgment, the Court of Appeals held that substantial issues of material fact existed to preclude the grant of summary judgment. However, this was overturned on appeal at the Supreme Court. ( See , Branks v. Kern (On Appeal) 359 S.E.2d 780 (N.C.,1987)).
|Branks v. Kern (On Appeal)||359 S.E.2d (780 N.C.,1987)||
On grant of appeal from Branks v. Kern , 348 S.E.2d 815 (N.C. 1986). Cat owner brought negligence action against veterinarian and veterinary clinic after her hand was bitten while she held her own cat during a catheterization procedure. In reversing the Court of Appeals decision (348 S.E.2d 815 (N.C. App. 1986)), the Supreme Court held that defendants in the instant case have met their burden of showing that they are entitled to judgment as a matter of law where the evidence showed that the danger was obvious to plaintiff and defendants only owed plaintiff a duty to exercise ordinary care.
|Brans v. Extrom||701 N.W.2d 163 (Mich.App.,2005)||
When the plaintiff accidentally stepped on the dog, the dog bit him. On the statutory claim, the jury found that the biting was with provocation even though from an unintentional act. On the common law claim, the jury found that the incident did not result from the abnormally dangerous propensities of the dog. The court affirmed, finding the trial court correctly instructed the jury that an unintentional act could constitute provocation under the dog-bite statute.
|Brayshaw v Liosatos|| ACTSC 2||
The appellant had informations laid against him alleging that he, as a person in charge of animals, neglected cattle 'without reasonable excuse' by failing to provide them with food. The appellant had been informed by a veterinarian that his treatment of the cattle was potentially a breach of the Animal Welfare Act 1992 (ACT) and that they were in poor condition. The evidence admitted did not rule out the possibility that the appellant's feeding of the cattle accorded with 'maintenance rations' and the convictions were overturned.
|BREEDLOVE v. HARDY||110 S.E. 358 (Va. 1922)||
This Virginia case concerned the shooting of plaintiff's companion animal where defendant alleged that the dog was worrying his livestock. The court reversed judgment for defendant, finding that defendant’s act of killing dog while not engaged in the act of “worrying the livestock,” was not authorized within the statute.
|Brent v. Kimball||60 Ill. 211 (1871)||
This was an action of trespass, brought by appellant against appellee, for the alleged wrongful killing, by the latter, of appellant's dog. Plaintiff sought recovery for his dog that was shot and killed when it entered into defendant/neighbor’s backyard. The Court held that the plaintiff could recover at least nominal damages, regardless of the fact that the animal had no actual market value.
|Brinkley v. County of Flagler||769 So. 2d 468 (2000)||
Appellee county sought to enjoin appellant from mistreating animals by filing a petition against her under Fla. Stat. ch. 828.073 (1997). The animals on appellant's property were removed pursuant to Fla. Stat. ch. 828.073, a statute giving law enforcement officers and duly appointed humane society agents the right to provide care to animals in distress. The entry onto appellant's property was justified under the emergency exception to the warrant requirement for searches. The hearing after seizure of appellants' animals was sufficient to satisfy appellant's due process rights.
|Brinton v. Codoni||Not Reported in P.3d, 2009 WL 297006 (Wash.App. Div. 1,2009)||
This unpublished Washington case stems from an attack on plaintiff's dog by a neighbor's dog. Plaintiff sued for damages, alleging negligence and nuisance. The trial court ruled on partial summary judgment that the plaintiff's damages were limited, as a matter of law, to the dog's fair market value. The plaintiff argued that she was entitled to damages based on the dog's intrinsic value (i.e., utility and service and not sentimental attachment) and her emotional distress. On appeal, this court held that since the plaintiff failed to carry her burden of showing that her dog had no fair market value, the trial court properly limited damages to that value. Further, because the plaintiff's nuisance claims were grounded in negligence, she was not entitled to damages beyond those awarded for her negligence claim.
|Britton v. Bruin||Not Reported in P.3d, 2016 WL 1019213 (N.M. Ct. App., 2016)||In this case, plaintiff appealed a decision by the district court denying her petition for a writ of mandamus. Plaintiff petitioned the court for a writ of mandamus to stop the City of Albuquerque's effort to control a large population of feral cats in its metropolitan area by “trapping, neutering them, and then returning them” to the location at which they were found. The district court denied the petition for a writ of mandamus because the court held that there was “a plain, speedy and adequate remedy in the ordinary course of the law.” Also, the court held that because the city’s program did not result in any unconstitutional action, the writ of mandamus was not appropriate. The court affirmed the district court’s ruling, looking only at whether or not there was “a plain, speedy and adequate remedy in the ordinary course of the law.” The court did not address the issue of whether or not the city’s population control effort was appropriate and should continue. The district court's order denying Petitioner's application for a writ of mandamus is affirmed.|
|Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals||15 Abbott 51 (1873)||
Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty
|Brockett v. Abbe||206 A.2d 447 (Conn.Cir.A.D. 1964)||
Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow. The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.
|Broden v. Marin Humane Society||70 Cal.App.4th 1212 (1999)||Owner of animals that had been impounded from reptile store brought administrative mandamus proceeding, challenging conclusions by hearing officer at hearing that followed animal control service's seizure of animals from store. On appeal, the court held that the warrantless entry of animal control officer into store was justified by exigent circumstances and that the owner lost all possessory interest in seized animals by failing to pay costs of seizure and impoundment within 14 days of seizure.|
|Bronk v. Ineichen||54 F.3d 425 (7th Cir. 1995)||
Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions.
|Brookover v. Roberts Enterprises, Inc.||156 P.3d 1157 (Ariz.App. Div. 1,2007)||
Plaintiffs-appellants Brookovers appeal the trial court's decision granting summary judgment to defendant-appellee Roberts Enterprises, Inc.. The Brookovers claimed that Roberts was negligent in allowing its cow to enter the highway where it collided with the Brookovers' automobile. They contend that they presented evidence that defendants were aware of the risk of significant numbers of collisions between cattle and automobiles when cows were allowed to graze in the vicinity of a paved highway. Here, however, the court stated that the record indicates that the accident involving the Brookovers was the first reported cattle-automobile accident to occur on the Salome Highway through the Clem Allotment since Roberts began to lease the premises. Further, the court affirmed the trial court's ruling on the inapplicability of res ipsa loquitur based on the Brookovers' inability to establish that the accident is of a type that would not have occurred in the absence of negligence.
|Brooks ex rel. Brooks v. Parshall||806 N.Y.S.2d 796 (N.Y.A.D. 3 Dept.,2006)||
In this New York case, a then seven-year-old boy was attending a gathering at the home of the owners of a German Shepard dog. According to the plaintiff, the dog growled at him when he arrived and allegedly growled at another man at the party sometime later. Defendant denied hearing the growl and t estimony showed that the boy continued to play with the dog throughout the party and into the next morning. When the boy was leaving in the morning, he attempted to “hug” the dog from behind when the dog turned and bit the boy in the face. In upholding defendant's motion for summary judgment, the court found that even if the dog had initially growled at the boy, that was not enough to establish that the dog had vicious propensities or that the owners had knowledge of the dog's vicious propensities.
|Brooks v. Jenkins||220 Md. App. 444, 104 A.3d 899 (Md. Ct. Spec. App., 2014)||County deputies went to a home with a warrant to arrest a couple's son. While many facts in this case were in dispute, the undisputed result was that a deputy shot the family's chocolate Labrador retriever. While the couple left the house to take the dog to the vet, the deputies entered the house—contrary to the couple's express instructions— and arrested the son. The couple filed a complaint in the Circuit Court seeking damages, on a number of theories, for the wounding of the dog and the officers' alleged unlawful entry into their home. After a trial, the couple prevailed against the deputies and the jury awarded damages totaling $620,000 (reduced, after remittitur, to $607,500). The deputies appeal. The Maryland Court of Special Appeals held the issue of whether deputy acted with gross negligence in shooting dog was for the jury; CJ § 11–110 did not limit the couple's total recovery for the constitutional tort to the capped value of their pet's vet bills; the $200,000 jury award in non-economic damages to the couple on their constitutional tort claim was not excessive in light of the evidence; the deputies were entitled to immunity from the constitutional trespass claim; and the couple could not recover emotional damages on the common law trespass claim. The lower court's decision was therefore affirmed in part, reversed in part, and remanded.|
|Brousseau v. Rosenthal||443 N.Y.S.2d 285 (N.Y.City Civ.Ct., 1980)||
This small claims action presents the question of how to make plaintiff whole in dollars for the defendant bailee's (a boarding kennel) negligence in causing the death of plaintiff's dog. While the dog was a gift and a mixed breed and thus had no ascertainable market value, the court contravened common law principles and assessed the dog's actual value to the owner in order to make the owner whole. While resisting the temptation to romanticize the virtues of a "human's best friend," the court stated it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years.
|Brower v. Daley||93 F. Supp. 2d 1071 (2000)||
Based on the Secretary of Commerce’s decision to weaken the dolphin-safe standard, David Brower, Earth Island Institute, The Humane Society of the United States, and other individuals and organizations challenged the finding as arbitrary, capricious, an abuse of discretion, and contrary to law. The District Court for the Northern District of California found that the Secretary’s Initial Finding was not in accordance with the law and was an abuse of discretion because the Secretary failed to properly consider these studies.
|Brower v. Evans||257 F.3d 1058 (2001)||
The district court held that the Secretary's Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information. We affirm.
|Brown v. Crocker||139 So.2d 779 (La. 1962)||
This action in tort was instituted by plaintiff, as the administrator of the estate of his minor son, against the defendant to recover the value of a quarter-horse mare and a stillborn colt, and for damages occasioned by shock and mental anguish suffered by the son, as well as for services of a veterinarian and medicines used in treatment of the mare following her wounding by a shotgun blast intentionally inflicted by the defendant. The Court of Appeal in upheld an award of $250 for shock and mental anguish experienced by the child who could not stop crying about the loss of his horse and the colt that never was. As the court stated, "Under the facts and circumstances, an award of $250 for shock and mental anguish suffered by the minor would, in our opinion, do justice between the parties."
|Brown v. Faircloth||66 So.2d 232 (Fla. 1953)||
In this Florida case, the defendant appealed from an adverse judgment involving the sale of a bird dog. The complaint alleged that the defendant was a professional bird dog trainer and field trial handler and as such knew the qualifications necessary for a dog to have in order to compete successfully on the major field trial circuit. Plaintiff claimed that, in order to induce the plaintiff to purchase a bird dog then owned by the defendant, defendant falsely represented and warranted that the dog was of such quality and was, as is generally known in field trial parlance, a 'three-hour dog.' After plaintiff had the dog for a short time, the plaintiff found that the warranty as to soundness was not true but that the dog was infected with heart worms at the time of sale and was not a 'three-hour dog.' Thereupon the plaintiff sought to rescind the contract by returning the dog and demanding back the purchase price of which defendant refused. On appeal, defendant contended that the jury instructions failed to inform the jurors that where the sale of an animal for a particular purpose is involved, there can be no recovery for the breach of an implied warranty unless it is shown by the buyer that he or she made known to the seller the particular purpose for which the animal was being purchased and relied on the seller's skill and judgment. The Supreme Court noted that this case was not bottomed upon that theory, but upon the theory that the defendant expressly warranted the dog to be a 'three-hour dog.' This express warranty carried with it the implied warranties that the animal was sound physically, was finished in his training, and was capable of running three-hour races. In other words, the Court was of the opinion that the express warranties defined by the Court in the charge to the Jury embraced and included any defined, implied warranty.
|Brown v. Muhlenberg Tp.||269 F.3d 205 (3rd Cir. 2001)||
Pet owners were unreasonably deprived of their Fourth Amendment rights to their pet by police officer. Pennsylvania Court would recognize a claim for intentional infliction of emotional distress based upon the killing of a pet.
|Brown v. State||166 So. 3d 817 (Fla. Dist. Ct. App. 2015)||Defendant was found guilty of felony cruelty to animals after a Chow mix was found near defendant's mobile home emaciated and suffering from several long-term conditions that had gone untreated. Defendant was convicted in the Circuit Court, Pasco County and was sentenced to six months of community control followed by three years of probation. She timely appealed, raising several arguments. The District Court of Florida affirmed the trial court’s decision, writing only to address her claim that the trial court erred in denying her motion for judgment of acquittal because a felony conviction for animal cruelty Florida Statutes could not be based on an omission or failure to act. In doing so, the court noted that a defendant could be properly charged with felony animal cruelty under this version of the Florida statute for intentionally committing an act that resulted in excessive or repeated infliction of unnecessary pain or suffering to an animal by failing to provide adequate food, water, or medical treatment. The court then held that sufficient evidence existed showing that defendant owned a dog and failed, over a period of more than one year, to provide adequate food, water and needed medical care.|
|BROWN v. TOWN OF SOUTHBURY||53 Conn. 212, 1 A. 819 (1885)||
This Connecticut decision in 1885 held consequential losses as a result of the harm to an animal (a horse) to be a proper element of damages in addition to the fair market value of the animal. Specifically, the court applied fair market value, but disallowed consequential damages for lost profits where plaintiff failed to show an effort to mitigate such damages.
|Browning v. State||2007 WL 1805918 (Ind.App.)||
The Brownings were each charged with 32 counts of animal cruelty and convicted of five counts for their failure to provide adequate nutrition and veterinary care to their horses and cattle. As a result, Cass County seized and boarded several of their animals at a significant cost to the county. Although only five of those horses and cattle were ultimately deemed to be the subject of the defendants' cruelty, the appellate court affirmed the order requiring the Brownings to reimburse the county for boarding and caring for the horses and cattle during the proceedings totaling approximately $14,000 in fines and costs.
|Bueckner v. Hamel||886 S.W.2d 368 (Tex. App. 1994).||
Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.
|Buffalo Field Campaign v. Zinke||289 F.Supp.3d 103 (D.D.C. Jan. 31, 2018)||Plaintiffs Buffalo Field Campaign and other environmental groups petitioned the Fish and Wildlife Service ("Service") to add the Yellowstone bison population to the federal endangered species list. After the Service made a threshold “90–day” determination that Buffalo Field's petition failed to present sufficient scientific evidence that listing the bison may be warranted, Buffalo Field brought suit under the Administrative Procedure Act, alleging that the Service's determination was arbitrary and capricious. The United States District Court for the District of Columbia ruled that the Service applied an improper standard when evaluating Buffalo Field's petition, granted Buffalo Field's motion for summary judgment, denied the Service's cross-motion, and remanded the case for the agency to conduct a new 90–day finding using the proper standard. In particular, the court observed that the Service "simply picked a side in an ongoing debate in the scientific community," thereby in inappropriately heightening the standard of evaluation for a 90-day petition. Because of that, the court agreed with the Service that remand is the appropriate remedy as opposed to to directing the Service to begin a 12-month review.|
|Bundorf v. Jewell||142 F.Supp.3d 1133 (D.Nevada,2015)||Plaintiffs, individuals and environmental organizations, challenged a decision by the Bureau of Land Management's (BLM) to authorize two rights-of-way for the Searchlight Wind Energy Project (“Project”) in southern Nevada (on BLM land) under the Administrative Procedure Act (APA). After the District Court remanded to the BLM for further explanation, the plaintiffs moved for a permanent injunction. Plaintiffs raised claims that the activity violated the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”), among other federal statutes. In effect, the plaintiffs argue that when the Court remanded for further explanation, it essentially reached the merits of their NEPA and ESA claims "by identifying explanatory gaps in the Remand Order." This then necessitated vacatur of the Record of Decision (“ROD”), Final Environmental Impact Statement (“FEIS”), and the Biological Opinion (“BiOp”). On appeal, the Court agreed with plaintiffs that clarification of the Remand Order is appropriate to include the ROD, the FEIS, and the BiOp with vacatur. Otherwise, the court notes, the Federal Defendants would get "two bites at the same apple . . . to fill the analytical gaps the Court identified in the Remand Order." The Federal Defendants must address the gaps related to: "(1) the density of desert tortoises, the adverse effects on desert tortoise habitat due to noise, and the remuneration fees and blasting mitigation measures for desert tortoises; (2) the status of FWS's recommendations regarding eagle take permitting and an Eagle Conservation Plan; and (3) BLM's conclusions about risks to bald eagles, protocols for golden eagle surveys, and risks to and mitigation measures for bat species."|
|Burgess v. Shampooch Pet Industries, Inc.||131 P.3d 1248 (Kan.App., 2006)||
This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog. The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment. The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure. Specifically, the court held that when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment. The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.
|Burgess v. Taylor||44 S.W.3d 806 (Ky. 2001)||
Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress. The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.
|BURLINGTON & M.R.R.R. IN NEBRASKA v. CAMPBELL||59 P. 424 (Colo.App. 1899)||
In Burlington & M.R.R.R. in Nebraska v. Cambell , 14 Colo. App. 141 (Colo. Ct. App. 1899), plaintiff’s horse was killed by a train. Although the court reversed the verdict for the plaintiff for failure to prove defendant’s negligence, the court allowed witness testimony on the market value of the mare.
|Burns v. Leap||645 S.E.2d 751 (Ga.App., 2007)||
In this Georgia case, the plaintiff-invitee was knocked into a barbed wire fence by horse that was being boarded by the property owner, suffering injuries as a result. The Court of Appeals agreed with the trial court's order of summary judgment, finding that, under dangerous-animal statute, the property owner did not know of any vicious propensity on part of horse. Further, the invitee failed to show that horse had a vicious propensity and therefore could not prevail on premises-liability claim.
|Bushnell v. Mott||254 S.W.3d 451 (Tex.,2008)||
In this Texas case, the plaintiff (Bushnell) brought an action against the defendant (Mott) for her injuries sustained when defendant's dogs attacked plaintiff. The district court granted summary judgment to defendant. The Texas Supreme Court reversed, and held that the owner of a dog not known to be vicious owes a duty to attempt to stop the dog from attacking a person after the attack has begun, and Mott's behavior after the attack had begun raises an issue of material fact whether Mott failed to exercise ordinary care over her dogs.
|Butcher v. Gay||34 Cal.Rptr.2d 771 (Cal.App.5.Dist.)||
Plaintiff alleged that she had contracted Lyme disease "as a result of exposure to infested ticks" on respondent's property, and that respondent had "failed to spray the area, post signs or prevented [sic] domestic dog(s) from coming into contact with the plaintiff - jumping in her lap - thereby exposing her to a vector of the disease without her knowledge. Court found no duty toward the plaintiff and allow the motion for summary judgment against the plaintiff to stand.
|Cabinet Resource Group v. U.S. Fish and Wildlife Service||465 F.Supp.2d 1067 (D. Mont. 2006)||
The Forest Service builds roads in National Forests, and has to determine what density of road coverage is safe for grizzly bear survival in making its Land Use Plan. Here, the Land Use Plan did not violate the Endangered Species Act, because an agency action is not required to help the survival of an endangered species, it simply may not reduce the likelihood of survival and recovery of the endangered species, grizzly bears. However, because the Forest Service relied upon a scientific study with acknowledged weaknesses to make its road standards, but failed to adequately address those weaknesses in its Final Environmental Impact Statement, the Forest Service violated NEPA (National Environmental Policy Act).
|California Veterinary Medical Ass'n v. City of West Hollywood||61 Cal.Rptr.3d 318 Cal.App. 2 Dist., 2007)||
This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003. On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance. Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed.
|Californians for Humane Farms v. Schafer||Slip Copy, 2008 WL 4449583 (N.D.Cal.) (Not Reported in F.Supp.2d)||
Plaintiff, a nonprofit ballot committee established to sponsor Proposal 2, a State ballot initiative that would result in prohibiting the tethering and confinement of egg laying hens and other farm animals, brought an action against Defendant, the United States Secretary of Agriculture, alleging a violation of the Administrative Procedure Act, after Defendant approved a decision by the American Egg Board (the “Egg Board”) to set aside $3 million for a consumer education campaign to educate consumers about current production practices. The United States District Court, N.D. California granted Plaintiff’s motion for preliminary injunction, finding that Plaintiff was likely to succeed on the merits, direct harm to Plaintiff was likely to occur if the injunction was not granted, and that the public interest would be served by granting the preliminary injunction.
|Callahan v. Woods||736 F.2d 1269 (9th Cir. 1984)||
Plaintiff alleged the requirement that his infant daughter receive a social security number as a prerequisite to obtain public benefits infringed on his free exercise of religion. Since the court held that the the social security number requirement substantially interfered with plaintiff's free exercise of religious beliefs, the compelling interest test was applied to determine constitutionality of the regulation. This substantial burden/compelling interest test became the model for infringement of religious exercise claims, including those under the BGEPA. For application of this test to religious challenges to the BGEPA, see Detailed Discussion of Eagle Act .
|Campbell v. Animal Quarantine Station||632 P.2d 1066 (Hawaii, 1981)||
The plaintiffs' dog died after being left in a hot van during transport from the Hawaii Quarantine Station to the veterinarian's office. The court held that it was not necessary for plaintiffs to witness the dog's death to recover for serious mental distress and that medical testimony was not necessary to substantiate plaintiffs' claims of emotional distress. In affirming the trial court's award for damages for the loss of property (the dog), the court held that the trial "court correctly applied the standards of law . . . and the issues of whether the damages were proximately caused by the defendant and have resulted in serious emotional distress to the plaintiffs are therefore within the discretion of the trier of fact."