United States

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Titlesort ascending Summary
Auster v. Norwalk


Plaintiff, while on church premises, was bitten by a church employee's dog.  Plaintiff seeks damages from church under the state dog bite statute, which imposes strict liability for damages on the dog's keeper.  The Connecticut Supreme Court ruled in favor of the church, reasoning that a non-owner must be responsible for maintaining and controlling the dog at the time the damage is done in order to be held liable under the statute.

Augillard v. Madura


This appeal arises from a suit for conversion filed by Shalanda Augillard alleging that Tiffany Madura and Richard Toro wrongfully exercised dominion and control over Augillard's black cocker spaniel, Jazz, who was recovered from New Orleans in the wake of the Hurricane Katrina. The central issue at trial and the only disputed issue on appeal is whether Augillard's dog, Jazz, and the dog that Madura adopted from New Orleans after Hurricane Katrina, Hope, are in fact the same dog. Augillard asserts on appeal that the trial court erred in disregarding conclusive evidence, including forensic DNA analysis, establishing that Hope and Jazz are the same dog.

Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n


In this California case, the Elebiaris sought permission from their condominium association to keep a small dog as a companion (both

suffered from severe depression and found that taking care of a dog alleviated their symptoms and enabled them to function more productively).  T

he association refused their request, leading the Elebiaris to file a claim with the Fair Employment and Housing Commission (the FEHC), which found in favor of the Elebiaris.  After the Superior Court granted the condominium's petition, the FEHC and residents appealed.

  The appellate court held that the trial court erred in overturning the FEHC decision where the FEHC's finding that a companion dog constituted a reasonable accommodation for plaintiff's disability was supported by substantial evidence.

Association des Eleveurs de Canards et d'Oies du Quebec v. Harris

Prior to California's Force Fed Birds law—which bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size—coming into effect, two non-California entities produced foie gras that was sold at a California restaurant. When the law came into effect, all three entities sought to enjoin the state of California from enforcing the law; they argued the law was unconstitutionally vague and violated the Commerce Clause of the U.S. Constitution. The district court, however, denied their motion for preliminary injunction. On appeal, the 9th Circuit affirmed the lower court’s decision to deny the preliminary injunction.
Associated Dog Clubs of New YorkState, Inc. v. Vilsack With the increase of sales over the Internet, the Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), issued a new rule that redefined “retail pet store” to include online pet stores. Several breeders argued that the agency exceeded its statutory authority in issuing the new rule. The Secretary for the Department of Agriculture moved for summary judgment. Since APHIS acted within its authority in promulgating the rule and otherwise complied with the requirements of the Administrative Procedures Act, the Court granted summary judgment for the agency.
Assistance Animals
Assembly Bill No. 485 An act to amend Section 31753 of the Food and Agricultural Code, and to amend Section 122357 of, and to add Section 122354.5 to, the Health and Safety Code, relating to public health.
[Approved by Governor October 13, 2017. Filed with Secretary of State October 13, 2017.]
Ash v. State



Police raided defendant's home and found an area converted into an arena for dog fighting. Defendant was found guilty  of promoting or engaging in dog fighting or possessing a dog for that purpose. On appeal, the court found that the based on the evidence a jury could have reasonably concluded that defendant was aware that on property owned by her and her husband an arena had been built for the purpose of clandestine dog fighting and that she was aware it was so being used.

Ascencio v. ADRU Corporation


A woman, who suffers from a disability that is accompanied by deep depression and anxiety, went to a fast food restaurant with her mother and her two service dogs. Upon entering the establishment, the employees refused to serve them, forced them to leave, and retaliated against them by calling the police and threatening them with arrest. The woman and her mother sued the fast food restaurant for violation of the Americans with Disabilities Act (ADA) and related California statutes. When the fast food restaurant failed to file an answer, the court entered a default judgment against the fast food restaurant; awarded the plaintiffs with damages, court costs and attorney fees; and placed a permanent injunction against the fast food restaurant.

Article 70 of CPLR for a Writ of Habeas Corpus, The Nonhuman Rights Project, Inc. ex rel. Hercules and Leo v. Stanley Petitioner brought this proceeding pursuant to CPLR article 70 and under the common law for a writ of habeas corpus on behalf of Hercules and Leo, two chimpanzees in the custody of respondent State University of New York at Stony Brook. It sought an order directing respondents to demonstrate the basis for detaining Hercules and Leo, and an order directing their release and transfer to a sanctuary in Florida. Respondents opposed the petition and cross moved to change venue. While the Supreme Court of New York County found that neither CPLR 7002(b)(3) nor CPLR 7004(c) required a change of venue to Suffolk County; that the petitioner had standing to bring the case; and that prior proceedings did not bar this case from being heard, the substance of the petition required a finding as to whether a chimpanzee was a legal person entitled to bring a writ of habeas corpus. Since the Court found it was bound by the Third Department in People ex rel Nonhuman Rights Project, Inc. v. Lavery, which ruled that chimpanzees were not “legal persons” entitled to the rights and protections afforded by a writ of habeas corpus, it denied the habeas corpus petition and dismissed the proceeding.

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