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Downing v. Gully, P.C.


Appellant dog owners challenged the decision of the County Court at Law No. 2 of Tarrant County (Texas), which granted summary judgment in favor of appellee veterinary clinic in appellants' negligence, misrepresentation, and Deceptive Trade Practices Act claims. The court affirmed the grant of summary judgment in favor of appellee veterinary clinic because appellee's veterinarians provided affidavits that were sufficiently factually specific, describing experience, qualifications, and a detailed account of the treatment, so that appellee negated the element of the breach of the standard of care, and because Deceptive Trade Practice Act claims did not apply to state licensed veterinarians.
Downey v. Pierce County


Dog owner sued county challenging county's dangerous animal declaration (DAD) proceedings.  The Court of Appeals held that charging a fee to obtain an initial evidentiary review of a DAD violated owner's due process rights because it impacted owner's property and financial interests and potentially subjected her to future criminal sanctions. The court also held that the lack of an adequate evidentiary standard regarding review of DADs violated due process because the ordinance required only that the reviewing auditor determine if there was sufficient evidence to support the DAD.
Douglas Furbee, et al. v. Gregory L. Wilson, et. al. Shelly Linder lived in an apartment complex with a no-pet policy. Linder asked if she could have an emotional-support animal and provided a letter from a licensed family and marriage therapist, which stated that Linder had a disability and required an emotional-support animal to help alleviate her symptoms. The letter did not identify a specific disability and the landlord subsequently requested more information from Linder. Linder did not provide any additional information and instead brought her cat into her apartment as her emotional-support animal. The landlord charged Linder a fine after discovering the cat on the premises and gave her seven days in which to remove the cat. Linder failed to comply which led to Linder’s eviction. The Indiana Civil Rights Commission filed a complaint against the landlord on behalf of Linder in Delaware Circuit Court alleging that the landlord failed to accommodate her request for an emotional-support animal in turn violating the Indiana Fair Housing Act. The trial court denied summary judgment for the landlord and this appeal followed. The landlord conceded that Linder was disabled and requested a reasonable accommodation, however, the landlord argued that it was not given enough information from which to “meaningfully” review Linder’s request. The Delaware Court of Appeals agreed that the Landlord did not have sufficient information to meaningfully review Linder’s request and because Linder did not inform the Landlord about her disability and her need for the cat, she was acting in bad faith. The Court ultimately reversed and remanded the case to the trial court.
Dorman v. Satti The federal district court here considered the constitutionality of Connecticut’s Hunter Harassment Act (Conn.Gen.Stat. Section 53a-183a) of 1985. The plaintiff was arrested under the Act after she approached hunters who were hunting waterfowl in public lands adjacent to her property and attempted to verbally dissuade them from hunting. The charge was ultimately dismissed, but plaintiff brought a Section 1983 action to adjudicate the constitutionality of the Act. In finding the Act unconstitutionally vague and overbroad, the Court found that it criminalized constitutionally protected speech. Specifically, the Court found that the Act failed to define “interference” and did not adequately limit the reach of “acts in preparation” to hunt.
Doris Day Animal League v. Veneman

Animal rights group brought action challenging validity of regulation exempting breeders who sell dogs from their residences from licensure under Animal Welfare Act. The United States District Court for the District of Columbia, Colleen Kollar-Kotelly, J., held that regulation was invalid, and appeal was taken. The Court of Appeals, Randolph, Circuit Judge, held that regulation was reasonable interpretation of Congressional intent.
Donald HENDRICK and Concerned Citizens for True Horse Protection, Plaintiffs v. UNITED STATES DEPARTMENT OF AGRICULTURE (“USDA”), and Animal and Plant Health Inspection Service (“Aphis”), Defendants.


This matter is before the Court on the motion of Defendant United States Department of Agriculture's Motion to Dismiss. The Horse Protection Act (HPA) is federal legislation which outlaws the practice of “soring” (harm to the feet or limbs of horses in order to enhance the attractiveness of a light-stepped or high-stepping gait during horse-show performances), which is a particular concern for the breed of Tennessee Walking Horses. Plaintiffs seek to have the Court define “sore” and “scar” beyond the definitions provided in the regulations (specifically the “scar rule”). The court found, however, that any alleged or threatened injury based on the HPA or the Scar Rule has not yet occurred. Mere uncertainty about the HPA and Scar Rule alone does not create an injury in fact.
DON'T FENCE ME IN--APPLICATION OF THE UNLAWFUL INCLOSURES OF PUBLIC LANDS ACT TO BENEFIT WILDLIFE
Domestic Violence and Pets: List of States that Include Pets in Protection Orders This document lists the states that include pets in domestic violence protection orders with links to the actual statutes. As of 2024, 40 states as well as D.C. and Puerto Rico have enacted such laws. Also, see the Map of Pets in Domestic Violence Orders linked below.
Domestic Violence
Dolphins

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