United States

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Titlesort descending Summary
Levine v. Knowles


This negligence action for both compensatory and punitive damages results from the premature cremation of 'Tiki,' a Toy Chihuahua dog, who died while undergoing apparently routine treatment for a skin condition. Plaintiff instructed the veterinarian to keep Tiki's body so that he could have an autopsy performed, but the dog's body was cremated before it could be claimed so that, according to plaintiff, defendant could avoid malpractice claims. 



In this case, the court only determined that under the facts peculiar to this case, an action for damages was sufficiently alleged by the complaint and the defendant has failed to conclusively demonstrate the non-existence of all material issues of fact so as to be entitled to a summary final judgment.
Levine v. National Railroad Passenger Corporation This action arose from plaintiff’s experience of bringing her service dog on Amtrak trains. Plaintiff brought claims on her own behalf and on behalf of a putative class of other disabled passengers against Amtrak pursuant to the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the District of Columbia Human Rights Act. Each claim related to Amtrak′s alleged practice of storing luggage in its train's “mobility aid” seating areas. Amtrak argued, amongst other things, that plaintiff lacked Article III Constitutional Standing because she had not suffered an injury in fact. The district court agreed and granted Amtrak′s motion to dismiss. The case was dismissed in its entirety.
Levine v. Vilsack


Animal advocates filed a lawsuit against the Secretary of the United States Department of Agriculture (USDA) challenging the USDA's interpretive rule excluding chickens, turkeys, and other domestic fowl from the Humane Methods of Slaughter Act (HMSA).  The United States District Court for the Ninth District of California had entered summary judgment in favor of the Secretary of the USDA and the Plaintiffs appealed.  The United States Court of Appeals for the Ninth Circuit held that the Plaintiffs-Appellants lacked standing to challenge the USDA's interpretive rule and vacated and remanded the case to the district court. 
Levy v. Only Cremations for Pets, Inc. This case was brought by the owners of two dogs that were cremated by a private pet cremation company, who allege the cremation service sent them the ashes of random dogs instead of those of their dogs. Plaintiffs allege breach of contract and several tort claims, including trespass to chattel and negligence. On this appeal, the judgement of the lower court was affirmed in part and reversed in part. The plaintiffs failed to establish an implied contract between them and the pet cremation company, were granted leave to amend their breach of contract complaint against the company, the other actions for breach of implied covenant of good faith and fair dealing were dismissed, and the court found that the plaintiffs adequately stated a claim for negligence.
Lewis v. Chovan


This Ohio case raises the issue of whether an employee of a pet grooming establishment is a "keeper" under state law, thereby preventing the application of strict liability for injury. The employee

was bitten by dog while attempting to assist the establishment's owner and another employee in giving the dog a bath. She then brought an action against dog's owners asserting, among other things, that the owners were strictly liable for her injuries. The court relied on its previous definition of the word "keeper" in the context of R.C. 955.28(B) as "one having physical charge or care of the dogs." Based upon this precedent, the court found that a person who is responsible for exercising physical control over a dog is a "keeper" even if that control is only temporary.
LIBERATING ANIMAL LAW: BREAKING FREE FROM HUMAN-USE TYPOLOGIES
Liberty Humane Soc., Inc. v. Jacobs
This case concerns the authority of the Department of Health to revoke certifications of animal control officers who willfully contravened the state law on impounding dogs.

 

The court found that “[s]


ince the Department acknowledged that it is charged with revoking certifications of animal control off


icers when those officers pose ‘


a


threat to the health and safety’


of the community, it should follow that allegations of officers willfully and illegally taking a dog from its owner and falsifying records to claim it a stray so as to expose it to adoption by another or euthanasia calls for the Department to take action.


”


It


would be


both arbitrary and capricious for the Department to ignore its duty to determine if revocation of certification is required.
Lieberman v. Powers


In this Massachusetts case, Noah Lieberman sustained injuries when he was scratched and bitten by a cat while visiting a “cat lounge” at the Sheldon branch animal shelter, which was operated by the Animal Rescue League of Boston (ARL). Plaintiff alleged that his injuries resulted from the defendants' negligent design and maintenance of the cat lounge. The Appeals Court of Massachusetts, Suffolk reversed the lower court's grant of summary judgment for defendants. Specifically, the court found that the plaintiff has provided sufficient evidence, in the form of expert opinion, that an ordinarily prudent person in the circumstances of this case-which include the defendants' knowledge regarding the behavior (and potential for aggression) of cats-would have taken additional steps to ensure the safety of visitors to the cat lounge. At the very least, the defendants should have foreseen that the small size of the room, as well as the set-up (one food bowl, one litter box, two perches) and unsupervised operation of the cat lounge was such that it was more likely than not to increase stress in cats, which in turn made it more likely than not that the cats would behave aggressively.
Lincecum v. Smith


Despite "Good Samaritan" intent, the defendant was liable for conversion where he authorized a sick puppy's euthanasia without first making reasonable efforts to locate its owner. The court also awarded $50 for the puppy's replacement value and $100 for mental anguish and humiliation.
Lindauer v. LDB Drainlaying, Inc.

In this Colorado case, the owners of a thoroughbred racehorse brought a negligence action to recover for injuries to his horse against the corporation that  installed underground pipe on property leased by plaintiffs. The lower court entered judgment on a verdict awarding damages to plaintiffs. On appeal, this court held that the evidence of negligence and contributory negligence was sufficient for jury where defendant physically left an unfinished project for two months where the horse was injured. Defendant still owed a duty of care that it would have owed as contractor. However, plaintiffs were not entitled to damages for care and feeding of injured horse.

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