Cases

Case namesort ascending Citation Summary
Peck v. Dunn 574 P.2d 367 (Utah 1978)

Subsequent to the game cockfighter's conviction for cruelty to animals, she sought a declaratory judgment that the ordinance was unconstitutional on the grounds: (1) that it was vague and uncertain in that innocent conduct of merely being a spectator could be included within its language; and (2) that presence at such a cockfight was proscribed, without requiring a culpable mental state. On review the court held that the board, in the exercise of its police power, had both the prerogative and the responsibility of enacting laws which would promote and conserve the good order, safety, health, morals and general welfare of society. The courts should defer to the legislative prerogative and should presume such enactments were valid and should not strike down legislation unless it clearly and persuasively appeared that the act was in conflict with a constitutional provision.

Pearson v. U.S. Dept. of Agriculture Slip Copy, 2011 WL 559083 (C.A.6,2011)

Petitioner seeks review of the decision and order of the Secretary of the USDA, terminating his license to own and exhibit wild animals (82 lions, tigers, and bears), issuing a cease and desist order, and imposing civil sanctions in the amount of $93,975 in violation of the AWA. In 2006, inspection showed 280 incidents of non-compliance. On appeal, the Sixth Circuit first held that there was no abuse of discretion in failing to grant the continuance after a fire at Petitioner's home because he is unable to resulting establish prejudice. Further, the Court discounted Petitioner's challenge that the revocation of his license was not supported where the court found the evidence "substantial, perhaps overwhelming." 

Pearson v Janlin Circuses Pty Ltd [2002] NSWSC 1118

The defendant deprived an elephant in a circus of contact with other elephants for years. On a particular day, the defendant authorised three other elephants to be kept in the proximity of the elephant for a number of hours. It was claimed that this act constituted an act of cruelty as it caused distress to the elephant. On appeal, it was determined that mens rea was not an element of a cruelty offence under the statute.

Parker v. Parker 195 P.3d 428 (Or.App.,2008)

Plaintiff and his 12 year-old quarter horse were visiting defendant at defendant's property when defendant's dog rushed at the horse causing it to run into a steel fence. The horse suffered severe head trauma, which necessitated its later euthanization. Plaintiff filed suit for damages asserting liability under common law negligence and O.R.S. 609.140(1) - the statute that allows an owner to recover double damages where livestock is injured due to being injured, chased, or killed by another person's dog. The appellate court agreed with plaintiff that O.R.S. 609.140(1) creates an statutory cause of action independent from negligence. Further, the court found that plaintiff fell within the class of persons the statute aims to protect because the legislature did not intend to limit the statute's application to property owned by the livestock's owner.

Parker v. Obert's Legacy Dairy, LCC 988 N.E.2d 319 (In. Ct. App., 2013)

A neighboring landowner brought a nuisance claim against a dairy farm when the dairy farm decided to expand its operations; the dairy farm, however, used Indiana’s Right to Farm Act as an affirmative defense. Agreeing with the dairy farm, the trial court granted the dairy farm’s motion for summary judgment.  Upon appeal, the appeals court affirmed the lower court’s decision.

PARKER v. MISE 27 Ala. 480 (Ala., 1855)

In Parker v. Miser , 27 Ala. 480 (Ala. 1855), the court recognized that at common law, an action existed for the conversion or injury to property, and acknowledged dogs as property. The court went on to note that some amount of nominal damage existed for the wrongful killing of an animal, even in the absence of a precise amount. Where the killing of the animal was done in reckless disregard, a plaintiff could seek punitive damages.

Park v. Moorman Mfg. Co. 241 P.2d 914 (Utah,1952)

Plaintiffs sued defendant corporation for breach of warranty as to fitness of purpose of poultry feed concentrate after egg production dropped, hens became malnourished, and an unusual amount of picking and cannibalism developed. As to the issue of damages, the Supreme Court held instruction that plaintiff was entitled to damages in amount of market value of chickens destroyed and that provided formula by which market value of suitable replacements could be determined was correct.

Park Pet Shop, Inc. v. City of Chicago 872 F.3d 495 (7th Cir. 2017) Local pet stores and breeders brought an action against the validity of a city ordinance limiting the sources from which they may obtain dogs, cats, and rabbits for resale. They stake their claim on the grounds that the ordinance goes beyond Chicago’s home-rule powers under the Illinois Constitution and violates the implied limits on the state power imposed by the Commerce Clause of the United States Constitution. Petitioners appeal the district court’s dismissal of case for failure to state a claim. The Court of Appeals affirmed, holding that the Illinois Constitution allows Chicago to regulate animal control and welfare concurrently with the state so long as no state statute specifically limits the municipality. Further, the court reject the argument that the ordinance discriminates against interstate commerce. The court of appeals affirmed the district court's dismissal of the suit for failure to state a claim.
Park Management Corp v. In Defense of Animals --- Cal.Rptr.3d ----, 2019 WL 2539295 (Cal. Ct. App. June 20, 2019) An animal rights activist named Joseph Cuviello appealed the entry of a permanent injunction in a trespass action that prohibited him from demonstrating outside of Six Flags Discovery Kingdom ("The Park") in California. The superior court rejected Cuviello’s federal and state constitutional claims that he had a right to picket there peacefully and his common law defense based on a claimed prescriptive easement. The Park was originally municipally owned and privately operated until 2007 when the Park's management acquired the park from the City of Vallejo. After that acquisition, the Park began to limit free speech until it ultimately banned all expressive activity on the property. Cuviello was one of the many people that protested at the park advocating for animals and he had done so many times in the past. The Park filed a single cause of action for private trespass against several animal advocacy groups. Cuviello argued that he had a First Amendment right to protest there because the park had been dedicated to public use, the park was a public forum under state constitutional law, and given the amount of times he had protested at the park in the past, he had acquired a common law prescriptive easement right to protest there. The trial court denied Cuviello’s cross-motion for summary judgment and granted summary judgment for the Park. It ruled that the First Amendment does not apply to private property and that the property was not a public forum under California’s constitution. It also rejected the prescriptive easement claims. Although the Park was zoned as a public and quasi-public property, the Appeals Court grappled with whether to classify the Park as a private or public forum. The Court applied a balancing test which balanced society’s interest in free expression against the Park’s interests as a private property owner. The Court concluded that the unticketed, exterior portions of the Park was a public forum. Ultimately the Court held that the trial court erred in granting the Park’s summary judgment and in denying Cuviello’s cross-motion for summary judgment. Accordingly, the Court reversed the decision of the trial court and held that on the undisputed facts here, the Park may not ban expressive activity in the non-ticketed, exterior areas of Six Flags.
Panattieri v. City of New York 53 Misc. 3d 865, 37 N.Y.S.3d 431 (N.Y. Sup. Ct. 2016)

Ceasar, a mixed breed dog, was seized by police after he killed another dog and injured the other dogs’ owner. Petitioners, Kristina & Douglas Panattieri, owned Ceasar and demanded his return to their custody. They also challenged the determination by Respondent, Department of Health & Mental Hygiene (DOHMH), to execute Ceasar pursuant to the New York City Health Code (24 RCNY) § 161.07. The Petitioners argued that Ceasar’s execution would be unconstitutional under the City Code because it was preempted by the state statute, Agriculture & Markets Law § 123.The Supreme Court, New York County, denied their petition and held that the New York City Health Code was not preempted by the state statute. The Court reasoned that the Agriculture and Markets Law § 107(5), which governed licensing, identification, and control of dogs, expressly allowed municipalities to enact their own Codes governing dangerous dogs. However the City Codes were to incorporate standards that were as or more protective of public health and safety than those set forth in the state statute. The New York City Code met the requirement and was therefore not preempted by state law.

Palila v. Hawaii Dept. of Land and Natural Resources Not Reported in F.Supp.2d, 2013 WL 1442485 (D.Hawai'i)

Fearing potential prosecution under a county ordinance and a state statute for carrying out a Stipulated Order that protects an endangered species (the Palila), defendants, joined substantially by the plaintiffs, sought a motion for declaratory and injunctive relief. The district court granted the defendants’ motion because federal law, the Stipulated Order, preempted both state and county law. The court therefore stated that so long as defendants, or their duly-appointed agents, were acting to enforce the specific terms of the Stipulated Order, they may conduct an aerial sighting over the Palila's critical habitat and shoot any ungulates sighted in that area without fear of violating (1) Hawaii County Code §§ 14–111, –112, & 1–10(a); or (2) HRS § 263–10.

Palila v. Hawaii Dep't of Land & Natural Resources 639 F.2d 495 (9th Cir. 1981)

The action alleged that defendants, Hawaii Department of Land and Natural Resources and chairman, violated the Endangered Species Act by maintaining feral sheep and goats in an endangered bird's critical habitat. Defendant had maintained feral sheep and goats within the critical habitat of the endangered palila bird. The practice degraded the bird's habitat. The court upheld summary judgment for the plaintiff, finding that maintenance of the herd constituted a taking under the Act.

Palfreyman v. Gaconnet 561 S.W.3d 258 (Tex. App. Sept. 27, 2018) This Texas appeals presents the unique question of whether companion animals, specifically "pet dogs," can be considered "stock" for awarding attorney fees under Texas Civil Practice and Remedies Code section 38.001(6) in lawsuits concerning their injury or death. The facts stem from an incident at appellees' dog boarding business where Palfreyman's two dogs died. In Palfreyman's original petition, she sought damages based on claims of negligence and gross negligence. She additionally requested reasonable attorney fee's under Tex. Civ. Prac. & Rem. Code § 38.001(6) for "killed or injured stock." Appellees countered that Palfreyman could not recover attorney fees because the dogs were not "stock" as used in the statute. At the conclusion of trial, the trial court refused to consider the award of attorney fees. On appeal, the Court of Appeals first notes that Texas law does not allow recovery of attorney fees unless they are authorized by statute or contract. Here, the court examined the word "stock" as used in the cited law. While there is no definition in the Texas Civil Practice and Remedies Code and the word "stock" is rarely used in Texas statutes, the term "livestock" is defined in several instances. In particular, the Penal Code distinguishes "livestock" from "nonlivestock animals" that include domesticated dogs. Further, the ordinary dictionary definition for stock would not include pets like dogs. The court was not persuaded by Palfreyman's argument that the Code should be liberally construed to promote its underlying purpose as well as her other examples of definitions for "stock." Thus, the court concluded the term “stock” in section 38.001(6) does not include pet dogs and appellant was not entitled to attorney fees under Section 38.001(6).5. Finally, Palfreyman contended in her reply brief that attorney fees may be awarded in bailment actions. However, the court declined this argument because she did not raise this in her initial brief so the court is not required to consider this new argument. The trial court's judgment was affirmed.
Pagel v. Yates 471 N.E.2d 946 (Ill.App. 4 Dist.,1984)

Horse owner sued breeder for negligence and conversion after breeder returned the wrong mare. On issue of damages, Appellate Court held that evidence was insufficient to support the jury award because 1) evidence of value of mare’s offspring four years after conversion was irrelevant and prejudicial; 2) trial court's instruction to jury allowed recovery for the horse's unborn offspring as well as fair market value of horse in foal, which permitted a double recovery; and 3) owner could not recover his expenses after he learned of switch and made no effort to resolve the problem because he had duty to avoid further loss.

Padilla v. Stringer 395 F.Supp. 495 (1974) Plaintiff employee brought a suit of discrimination against the Albuquerque Rio Grande Zoo under 28 U.S.C.A. § 1343(4) and 42 U.S.C.A. §§ 1983, 2000e et seq.
Pacific Ranger, LLC v. Pritzker 211 F. Supp. 3d 196 (D.D.C. 2016) Pacific Ranger, LLC, a deep-sea commercial fishing vessel, filed suit arguing that a decision made by an Administrative Law Judge (ALJ) should be set aside by the court. The National Oceanic and Atmospheric Administration (NOAA) filed an action against Pacific Ranger for violating the Marine Mammal Protection Act (MMPA) after the vessel set its fishing net on whales during five tuna-fishing expeditions. After the hearing, the ALJ determined that Pacific Ranger had violated the MMPA and was liable for $127,000 in civil penalties. Pacific Ranger argued that these penalties should be set aside because the MMPA was unconstitutionally vague about what was considered an “incidental” taking and the ALJ’s findings could not be supported by substantial evidence. Ultimately, the court reviewed the arguments made by Pacific Ranger and found them to be without merit. First, the court determined that the MMPA was not vague with regard to incidental takings. The court held that incidental takings under the MMPA were restricted to takings that occurred without any knowledge and that this provision needed to be read narrowly in order to give effect to Congress’ intent that maintaining the “healthy populations of marine animals comes first.” The court found that because Pacific Ranger had knowledge that whales were in the area at the time that they were fishing, the taking that occurred could not be considered incidental. Lastly, the court reviewed Pacific Ranger’s argument that the ALJ’s decision could not be supported by substantial evidence. The court rejected this argument, pointing to expert testimony that said that there was no possible way for the Pacific Ranger not to have seen that whales were in the area at the time the takings occurred. As a result, the court affirmed the ALJ’s decision.
Overlook Mut. Homes, Inc. v. Spencer 666 F. Supp. 2d 850 (S.D. Ohio 2009) The barking of Scooby the dog, caught the attention of nearby neighbors, and the Plaintiff, Overlook Mutual Housing Corporation. Overlook established a no-pet rule for its residents with an exception for service animals. Scooby's owners (the Spencers) received a letter warning them to remove the dog from their home. In response, the Spencers obtained a letter which requested that Overlook make a reasonable accommodation for their daughter Lynsey, who needed a support dog to facilitate in her psychological treatment. Overlook did not grant the Spencer's request for accommodation and filed a Complaint against them. The Spencers then filed a counter claim and Overlook then moved for summary judgment. The court stated that pet policies have to comply with the Federal Fair Housing Act (FHA). Based on the intent of the FHA to provide reasonable accommodation rather than public access like the ADA, HUD and the DOJ's recently revised regulations on the need for emotional support animals in HUD-assisted housing, and previous actions brought against housing providers that denied emotional support animals, this court concluded that emotional support animals can qualify as reasonable accommodations under the FHA. Further, the court held that they do not need to be individually trained like service animals. Overlook's motion for summary judgment was denied.
Ouderkirk v. People for Ethical Treatment of Animals, Inc. 2007 WL 1035093 (E.D.Mich.) (Not Reported in F.Supp.2d, 2007 WL 1035093 (E.D.Mich.))

The plaintiffs in this case own a chinchilla ranch in mid-Michigan. They filed a complaint alleging that PETA lied to them to gain access to their farm, took video footage of their farm operation, and then published an exposé on PETA's website that put the plaintiffs in an unfavorable false light. The court ultimately granted defendant-PETA's motion for summary judgment on all the issues. The court observed that the Ouderkirks gave permission for the taping in an email that makes no reference to any restriction on that consent. Further, the primary use made of the plaintiffs' likenesses by the defendant was to advocate against the chinchilla trade; thus, PETA had a right under the First Amendment to disseminate the information containing the plaintiffs' likenesses.

Ott v. Pittman 463 S.E.2d 101 (S.C.App.,1995)

In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed.

Oshannessy v Heagney [1997] NSWSC 482

The case focuses primarily on the procedural requirements for stating a case. However, there is also discussion concerning what are the appropriate steps that a motor vehicle driver, who has hit and injured an animal with their vehicle, must take. In this case, the trial judge found that a refusal to stop and inspect the animal did not constitute a failure to take reasonable steps to alleviate that animal's pain.

Oregon Natural Desert Ass'n v. Kimbell Slip Copy, 2008 WL 4186913 (D.Or.)

After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits.   The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted.  

Oregon Game Fowl Breeders Ass'n v. Smith 516 P.2d 499 (Or. 1973)

This is an appeal of an action by a fowl breeder's association to declare Oregon laws against cockfighting unconstitutional.  Game fowl breeders brought an action against a district attorney and State Attorney General seeking judgment that statutes prohibiting cruelty to animals were unconstitutional and seeking an injunction against enforcement of statutes against breeders for cockfighting. The Court of Appeals held that the practice of breeding birds suitable for cockfighting did not qualify as 'good livestock husbandry' and that cockfighting was prohibited by statute.

Orangutana, Sandra s/ Habeas Corpus Orangutana, Sandra s/ Habeas Corpus This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection."
Olier v. Bailey 164 So. 3d 982 (Miss. 2015) Plaintiff was attacked and chased by a domestic goose in Defendant’s yard. As Plaintiff attempted to flee, she fell and broke her arm. Plaintiff sued Defendant in the County Court of Jackson County under a theory of premises liability and, alternatively, under the dangerous-propensity rule. The trial court granted summary judgment because it found that Plaintiff was a licensee on Defendant's property and that Defendant did not breach her duty of care toward Plaintiff. It also denied relief under the dangerous-propensity rule because there was no evidence that the particular goose that bit Plaintiff ever had exhibited dangerous propensities prior to the incident. Plaintiff appealed to the Jackson County Circuit Court, which affirmed. Plaintiff then filed the instant appeal. The Supreme Court of Mississippi held that, while Plaintiff cannot, as a matter of law, pursue her claim under her theory of general premises liability, she can proceed under the dangerous-propensity theory because the court found an issue of fact regarding whether Defendant was on notice of her geese's alleged dangerous propensity. Accordingly, the Supreme Court affirmed the trial court judgment in part, reversed it in part, and remanded for further proceedings.
Ohio v. Hale 2005 WL 3642690 (Ohio App. 7 Dist.)

Defendant-Appellant, Norman Hale, appeals the decision of the Monroe County Court that found him guilty of multiple counts of cruelty to animals in violation of R.C. 959.13(A)(4). Hale argues that this statute is unconstitutionally vague, that his conviction is against the manifest weight of the evidence, and that the trial court imposed improper sanctions upon him. The court disregard Hale's constitutional argument since he failed to provide legal argument in support of this claim. Hale's argument that his conviction is against the manifest weight of the evidence also is meritless since the evidence in the record supports the trial court's decision that he recklessly failed to provide these dogs with wholesome exercise. Finally, the trial court did not abuse its discretion when imposing the sanctions since the conditions of his probation were related to the underlying offense and served the ends of rehabilitation. For these reasons, the trial court's decision was affirmed.

Ohio v. George 2014-Ohio-5781 (App. Ct, 2014) Clayton George was convicted of raping two children of his girlfriend, age six and eight at the time of the crime. Among assignments of error on appeal was that the trial court had abused its discretion in allowing Avery, a facility dog, to accompany the two children during their testimony without a showing of necessity. On appeal, the defense argued that (1) unlike the facility dogs in Tohom, Spence, and Dye, Avery was “recognizable on the record while he was in court,” (2) the prosecution failed to show necessity for having Avery at trial, and (3) the standards set in Tohom, Spence, and Dye should have applied to determine whether Avery was permitted at trial. The appellate court noted that the defense had not objected to the presence of the dog during the trial nor had he made these three points at trial, meaning that the appellate court did not need to consider them for the first time on appeal under Ohio appellate law. The assignments of error were all overruled and the judgement of the trial court was affirmed.
Oestrike v. Neifert 255 N.W. 226 (Mich. 1934)

In this case, defendant Neifert rented land to graze cattle.  Plaintiff owned billboards in the pasture that were often painted with lead-based paint.  Defendant's cattle ate the lead-contaminated paint left in the pails and the ground and subsequently died from poisoning.  The Court upheld the award of damages to defendant-Neifert on a negligence theory because plaintiffs should have reasonably known that the cattle would ingest the paint left in the pails and on the field. 

Oceana, Inc. v. Gutierrez 488 F.3d 1020 (C.A.D.C., 2007)

This federal appeal concerns regulations issued by the National Marine Fisheries Service in 2004 for leatherback sea turtles. The leatherbacks experience mortality due to long-line fishing in the pelagic ocean after they become entangled or hooked on the lines. In 2001, the Service issued an RFA - reasonable and prudent alternative - to long-line fishing operations in the pelagic ocean off the coast of New Jersey where operators could replace the industry-wide standard J-hook with circle hooks which would reduce mortality. Oceana claim is that the Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherbacks caught in longlines. The Court of Appeals agreed with the  district court that the Service's judgment was not arbitrary or capricious when it predicted that fishing operators could achieve a 13.1 post-release mortality rate. 

Ocean Mammal Inst. v. Gates Slip Copy, 2008 WL 2185180 (D.Hawai'i)

Plaintiffs sued the Navy over the use of sonar; the Plaintiffs feared that the sonar would kill whales and other marine life.  This case dealt with the required production of documents the Defendant claimed were privileged and or work product material.  The Court found that the Defendant must hand over the material to the Plaintiffs because the documents were not in fact privileged.

Ocean Advocates v. United States Army Corps of Engineers 402 F.3d 846 (9th Cir., 2005)

An environmental group brought an action against the U.S. Army Corps Engineers and BP for violating both the National Environmental Policy Act and the Marine Mammal Protection Act.  Defendants counter-claimed that the environmental group lacked standing  and that the claim was barred by laches.  The Court of Appeals affirmed the denial of defendants' motion for summary judgment, reversed summary judgment against the environmental group, and remanded the case for consideration of the environmental group's request for injunctive relief.  

Oberschlake v. Veterinary Assoc. Animal Hosp. 785 N.E.2d 811 (Ohio App. 2 Dist.,2003)

This is the story of “Poopi,” a dog who tried to sue for emotional distress and failed. As the court observed, "Whether or not one agrees with the view that pets are more than personal property, it is clear that Ohio does not recognize noneconomic damages for injury to companion animals." While the court noted that one Ohio case has apparently left open the door for recover of distress damages, "the mental anguish in such situations must be ‘so serious and of a nature that no reasonable man could be expected to endure it.’ Even conceding the bond between many humans and their pets, the burden is one that would be very difficult to meet." Indeed, the court found that the burden was not met here.

Oak Creek Whitetail Ranch, L.L.C. v. Lange 326 S.W.3d 549 (Mo.App. E.D., 2010)

A Missouri statute places liability on a dog owner where such dog kills or maims a sheep or "other domestic animal" of another. On December 10, 2006, three dogs of Defendant Glendon Lange entered Oak Creek’s deer breeding farm and killed 21 of Oak Creek's "breeder deer." The Missouri Court of Appeals, Eastern District, disagreed with the trial court, finding that "domestic" should have been interpreted by the "plain meaning" of the word, which therefore includes Oak Creek’s breeder deer.

O'Rourke v. American Kennels (Unpublished Disposition) 7 Misc.3d 1018(A) (N.Y. 2005)

In this highly entertaining Small Claims case, claimant seeks to recover the purchase price of her dog, Little Miss Muffet. The issue presented, in large part, concerns the dog's weight. Claimant contends that Muffet was supposed to be a "teacup dog." At eight pounds, she is well above the five pounds that is considered the weight limit for a "teacup" Maltese. Plaintiff paid an additional $1,000 above the standard $1,500 to purchase the smaller variety of Maltese. Plaintiff was awarded the differential in price, but not veterinary fees for a knee condition that developed after the warranty protections expired in the purchase agreement. 

O'Neill v. Louisville/Jefferson County Metro Government 662 F.3d 723 (C.A.6 (Ky.), 2011)

Dog owners sued city-county government and director of city animal-control agency under § 1983 for violations of Fourteenth Amendment after a warrantless search of home and seizure of their dogs. The Court of Appeals held that the owners did not need a breeder's license because their home was not a “Class A kennel.” It also held that the initial entry into owners' home by undercover animal-control officers was not a Fourth Amendment search because it did not infringe on owners' expectation of privacy. However, the consent-once-removed doctrine did not allow uniformed animal-control officers to enter home without a warrant.

O'MALLEY, v. COMMONWEALTH of Virginia 785 S.E.2d 221 (Va.,2016) The appellant, John Dixon O'Malley was not charged with or convicted of any crime. However, he was issued a summons to determine whether his dog was dangerous pursuant to Virginia Code § 3.2–6540(A) and (B). The jury found O’Malley's dog to be dangerous under the Virginia Code due to attacking and injuring the dog of Randall Powell. O’Malley appealed the trial court decision to the Court of Appeals of Virginia. The Court of Appeals concluded that they did not have jurisdiction over the appeal due to being a court of limited jurisdiction. The Court relied on Virginia Code § 17.1–406(A) which provides that the Court of Appeals' appellate jurisdiction was limited to appeals from final criminal convictions. The Court of Appeals reasoned that no language in Code § 3.2–6540 characterized as criminal the proceeding to identify a canine as a dangerous dog. Therefore, the finding at the trial level that O’Malley's dog was dangerous was civil in nature. Because the finding was civil in nature, the Court of Appeals lacked subject matter jurisdiction over O’Malley’s appeal and the case was transferred to the Supreme Court of Virginia.
O'Keefe v. Stevenson Not Reported in N.E.3d, 2017 WL 3776595 (Mass. Land Ct. Aug. 22, 2017) In this case, the plaintiffs appealed a Zoning Board that granted their neighbor a special permit allowing four dogs to be kept at Ms. Sullivan's home. The dogs—pedigreed Eurasiers—are Ms. Sullivan's personal pets and live with Ms. Sullivan inside her house, have someone with them at all times, and spend most of their time indoors. When they are outside, they are confined to a chain-link fenced-in area behind the house. The permit has some conditions that must be met for the dogs to remain on the property, one of which is the dogs not become a nuisance. The court affirmed the grant of the special permit based on the testimony and exhibits admitted at trial after assessing the credibility, weight, and appropriate inferences to be drawn from that evidence. The Board's decision granting the special permit was AFFIRMED.
Nye v. Niblett [1918] 1 KB 23

Three boys who had killed two farm cats were charged with an offence which could only have been committed if the cats were kept for a "domestic purpose". Local justices had acquitted the boys, in part because there no evidence was before them that the cats that were killed had been kept for a domestic purpose. Allowing the prosecutor's appeal, the Divisional Court held that there was no need to prove that a particular animal was in fact kept for a domestic purpose if it belonged to a class of animals which were ordinarily so kept.

Nuzzaci v. Nuzzaci 1995 WL 783006 (Del. Fam. Ct. Apr. 19, 1995) (unpublished opinion). The court refused to sign a stipulation and order (prepared by the parties and signed by each of them and their attorneys) concerning visitation of the divorcing couple’s dog.  The court held that a court can only award dog in its entirety to one party or the other.  The court advised the couple to come to their own private agreement instead, reasoning that the court has no jurisdiction in this matter and further no way to side with one party or the other in the event of a future dispute.
Nutt v. Florio 914 N.E.2d 963 (Mass. Ct. App., 2009)

This Massachusetts case involves an appeal of a summary judgment in favor of the landlord-defendant concerning an unprovoked dog attack. The dog, described as a pit bull terrier, was kept by a tenant of Florio's. The court found that, while the defendants cannot be held strictly liable by virtue the dog's breed, "knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." Reviewing the record de novo, the court held that this question and the defendant's knowledge of the dog's propensities, created a genuine issue of material fact. The order of summary judgment for defendant was reversed and the case was remanded.

Nuijens v. Novy 144 Misc. 2d 453 (Just. Ct. 1989) Plaintiff brought this action in Small Claims Court for the recovery of $254.63 after purchasing a dog from the Defendant. At the time of purchase, the Defendant gave a five day guarantee to the Plaintiff that if a veterinarian found anything wrong with the dog, the dog could be returned and the Plaintiff would receive a refund. The Plaintiff took the dog to a vet within five days and although she was told that the dog had a urinary infection, the Plaintiff kept the dog. Within 14 days of the sale, the Plaintiff learned that the infection was serious, and she contacted the Defendant requesting a refund under article 35-B of the General Business Law. The Court stated that Plaintiff's cause of action under the General Business Law failed: because it did not give the Plaintiff the right to recover damages, since the statute only covered "pet dealers" or "breeders" who sold more than one litter of animals per year. There was no evidence to indicate that the Defendant sold more than one litter of puppies. Also, because the Plaintiff chose not to return the dog for a refund within five days after learning about the infection, she could not seek recovery for breach of an express warranty (UCC 2-313). Lastly, because the Defendant was not a “merchant" the Plaintiff could not recover for the breach of an implied warranty (UCC 2-314).
Nuijens v. Novy 144 Misc.2d 453 (N.Y. 1989)

Plaintiff brought a New York Small Claims Court action seeking recovery of the sum of $254.63, after a licensed veterinarian determined that plaintiff's newly purchased dog was unfit according to Article 35-B of the General Business Law.  Specifically, plaintiff sought damages under two alternate theories: violation of the sale contract's five-day express warranty and violation of the implied warranty of merchantability.  Due to the vet's initial diagnosis, plaintiff did not return the dog.  The court held that plaintiff elected to forgo the express warranty by retaining the dog.  With regard to the implied warranty of merchantability, the court found defendant is not a "person who deals in goods of the kind" to fall within the definition of merchant under the statute.

Norwest v. Presbyterian Intercommunity Hospital 293 Or. 543 (Or. 1982)

This court found that there was no common law liability where a tortfeasor's conduct caused a child to lose parental support and care. The court declined to create a new common law cause of action for parental consortium, and suggested that it was up to the legislature to create such a cause of action. However, dicta in the case refers to an invasion of the animal/animal owner relationship as actionable misconduct.

Northwest Ecosystem Alliance v. U.S. Fish and Wildlife Service 475 F.3d 1136 (9th Cir. 2007)

The Endangered Species Act protects not just species, but also "distinct population segments" of species. The Fish and Wildlife Service refused to list the Western Gray Squirrel as endangered in Washington State, even though its numbers are low there, because it determined that the squirrels in Washington are not significant to the species as a whole. The court upheld this decision.

Northern Arapahoe Tribe v. Hodel 808 F.2d 741 (10th Cir. 1987)

After the Secretary of the Interior promulgated regulations establishing a game code regulating hunting on the reservation, the Arapahoe Tribe of Wyoming sued the Secretary and other federal officials, seeking declaratory and injunctive relief to prevent enforcement of the regulations.  At issue, was  a concern over the declining big game populations on the reservation and surrounding areas due to an unusually harsh winter and over-hunting.  The Court of Appeals held that the government had the right to enact the game code because the rights of two tribes overlapped with regard to a limited resource, and the "[g]overnment's right extends to preventing overuse by the Arapahoe of their shared right when that overuse endangers the resource and threatens to divest the Shoshone of their right."  Where there exists a risk of extinction, the government may enact interim game code measures to prevent the threat when the tribes fail to enact their own game codes. 

North Carolina v. Nance 149 N.C. App. 734 (2002)

The appellate court held that the trial court erred in denying the motion to suppress the evidence seized by animal control officers without a warrant. Several days passed between when the officers first came upon the horses and when they were seized. The officers could have obtained a warrant in those days; thus, no exigent circumstances were present.

North American Meat Institute v. Becerra 825 F. App'x 518 (9th Cir. 2020) The North American Meat Institute (NAMI) brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 (which forbids the sale of pork meat and eggs in California from producers that do not comply with its animal housing standards). NAMI alleged that Proposition 12 violated the dormant commerce clause by improperly regulating economic activity outside of California’s boundaries and substantially burdening interstate commerce. Plaintiffs acknowledged that Proposition 12 was not facially discriminatory, and that Proposition 12 did not have a discriminatory purpose, because there was a lack of evidence that the state had protectionist intent when enacting Proposition 12. The district court dismissed the case, and the court of appeals affirmed the judgment of the lower court.
Nonhuman Rts. Project, Inc. v. Breheny 197 N.E.3d 921, reargument denied, 39 N.Y.3d 967, 200 N.E.3d 121 (2022) This New York case centers on a petition of habeas corpus for an elephant named "Happy" who is housed at the Bronx Zoo. Petitioner Nonhuman Rights Project is a not-for-profit corporation with a mission of seeking to establish that “at least some nonhuman animals” are “legal persons” entitled to fundamental rights, including “bodily integrity and bodily liberty.” In 2018, petitioner commenced this habeas proceeding in Supreme Court against respondents James J. Breheny, Director of the Bronx Zoo, and the Wildlife Conservation Society, the organization that operates the Zoo. Petitioner sought a writ of habeas corpus “on behalf of Happy,” an Asian elephant that petitioner claimed was unlawfully confined at the Zoo in violation of her right to bodily liberty. Happy has resided at the Bronx Zoo for the last 45 years and has been held in captivity since she was approximately one year old. Petitioners request that she be transferred to an “appropriate sanctuary" where she could potentially be integrated with other elephants. To support its request, petitioner proffered affidavits from several experts specializing in elephant study and care attesting to the general characteristics of elephants. The Zoo respondents opposed petitioner's application and requested dismissal of the petition for lack of standing and failure to state a cause of action. Specifically, respondents argued that there was no legal basis for habeas relief and that Happy's living conditions comply with all relevant laws and accepted standards of care. The Supreme Court dismissed the petition on the ground “that animals are not ‘persons’ entitled to rights and protections afforded by the writ of habeas corpus” and that habeas relief is not available for an animal. On petitioner's appeal, the Appellate Division unanimously affirmed, reasoning that “the writ of habeas corpus is limited to human beings.” While the court acknowledged that the law recognizes that animals are not mere "things," and existing animal protection laws underscore this conclusion, the scope of habeas corpus does not include animals. The court lastly noted that " this case has garnered extraordinary interest from amici curiae and the public . . . Though beyond the purview of the courts, we appreciate that the desire and ability of our community to engage in a continuing dialogue regarding the protection and welfare of nonhuman animals is an essential characteristic of our humanity. Such dialogue, however, should be directed to the legislature." As such, the order of the Appellate Division was affirmed
Nonhuman Rights Project, Inc. ex rel. Tommy v. Lavery 152 A.D.3d 73, 54 N.Y.S.3d 392 (N.Y. App. Div. 2017) The Petitioners, including the Nonhuman Rights Project, Inc . filed two petitions for habeas corpus relief on behalf of Tommy and Kiko, two adult male chimpanzees. The petitions stated that chimpanzees are intelligent, have the ability to be trained by humans to be obedient to rules, and to fulfill certain duties and responsibilities. Therefore, chimpanzees should be afforded some of the same fundamental rights as humans which include entitlement to habeas relief. The Respondents, included Tommy’s owners, Circle L Trailer Sales, Inc. and its officers, as well as Kiko’s owners, the Primate Sanctuary, Inc. and its officers and directors. The Supreme Court, New York County, declined to extend habeas corpus relief to the chimpanzees. The Petitioners appealed. The Supreme Court, Appellate Division affirmed and held that:(1) the petitions were successive habeas proceedings which were not warranted or supported by any changed circumstances; (2) human-like characteristics of chimpanzees did not render them “persons” for purposes of habeas corpus relief; and (3) even if habeas relief was potentially available to chimpanzees, writ of habeas corpus did not lie on behalf of two chimpanzees at issue.
Nonhuman Rights Project, Inc. ex rel. Beulah v. R.W. Commerford & Sons, Inc. 2017 WL 7053738 (Not Reported in A.3d) (Conn. Super. Ct. Dec. 26, 2017) In this case the petitioner, Nonhuman Rights Project, Inc., sought a writ of habeas corpus on behalf of three elephants, Beulah, Minnie, and Karen, which are owned by the respondents, R.W. Commerford & Sons, Inc. and William R. Commerford, as president of R.W. Commerford & Sons, Inc. The issue was whether the court should grant the petition for writ of habeas corpus because the elephants are “persons” entitled to liberty and equality for the purposes of habeas corpus. The court denied the petition on the ground that the court lacks subject matter jurisdiction (because the plaintiffs lacked standing) and the petition was wholly frivolous on its face in legal terms (elephants are not "persons" according to the court). The court he court dismissed the petition for writ of habeas, but pointed to the state's anti-cruelty laws "as a potential alternative method of ensuring the well-being of any animal."
Nonhuman Rights Project on behalf of Tommy and Kiko v. 31 N.Y.3d 1054, 100 N.E.3d 846 (2018) The petitioner, Nonhuman Rights Project brought this appeal on behalf of Tommy and Kiko, who are two captive chimpanzees. The chimpanzees had been confined by their owners in small cages within a warehouse and a cement storefront in a crowded residential area, respectively. Petitioner sought leave to appeal from an order of the Appellate Division, which affirmed two judgments of the Supreme Court declining to sign orders to show cause to grant the chimpanzees habeas relief. The lower courts based their denial of habeas corpus for the chimpanzees on the dictionary definition for "person." The term “person” tends to lean towards an entity that is recognized by law as having most of the rights and duties of a human. The Appellate Division also reasoned that chimpanzees are not considered people because they lack the capacity to bear legal duties or to be held legally accountable for their actions. As a counter, the Petitioner argued that the same can be said for human infants or comatose human adults, yet no one would say that it is improper to seek a writ of habeas corpus on behalf of one of them. The Appellate Division therefore based their denial on the fact that chimpanzees are not a member of the human species. In the instant action, Court of Appeals of New York denied the motion for leave to appeal. In the concurring opinion, Judge Fahey states that the better approach is not to ask whether a chimpanzee fits the definition of a person or whether it has the same rights and duties as a human being, but whether he or she has the right to liberty protected by habeas corpus. The concurring opinion also found that the Appellate Division erred by misreading the case it relied on and holding that a habeas corpus challenge cannot be used to seek transfer; a habeas corpus challenge can be used to seek a transfer to another facility. Although Judge Fahey recognizes that Chimpanzees share at least 96% of their DNA with humans and are autonomous, intelligent creatures, he concurred with the Appellate Division’s decision to deny leave to appeal. However, he ultimately questioned whether the Court was right to deny leave in the first instance.

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