Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| China Intro |
Animal Law in China
|
Policy | |||
| Chinese Endangered Species at the Brink of Extinction: A Critical Look at the Current Law and Policy in China | Charu Sharma | 11 Animal L. 215 (2005) |
The People's Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China's legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China. |
Article | |
| Christensen v. Lundsten | 863 N.Y.S.2d 886, 2008 WL 4118071 (N.Y.Dist.Ct.) | 2008 N.Y. Slip Op. 28320 |
In this New York case, the parent of child injured by a dog brought an action seeking to have the dog declared a “dangerous dog” under the relevant law. The Court conducted a trial of the “dangerous dog” petition filed and rendered an oral decision that declared the respondents' Chesapeake Bay Retriever “Nellie” to be a dangerous dog under New York Agricultural and Markets Law § 121. The parties contested the appropriateness of a finding of “negligence” and “strict liability” and the entry of judgment. The District Court held that the court would not resolve issue of negligence because the issue was not properly joined for disposition; however, the owners were strictly liable for child's unreimbursed medical expenses. |
Case | |
| Christian v. Petco Animal Supplies Stores, Inc. | 54 A.D.3d 707 (N.Y.A.D. 2 Dept., 2008) | 2008 N.Y. Slip Op. 06790, 2008 WL 4170162 (N.Y.A.D. 2 Dept.) |
This New York case consists of an action to recover damages for personal injuries. The plaintiffs appeal the granting of the motion of the defendant for summary judgment dismissing the complaint insofar as asserted against him and the cross motion of the defendants Petco. The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendant Kenneth Coughlin at a Petco store. The court held that the evidence submitted established that the defendants were not aware that this dog had ever bitten anyone or exhibited any aggressive behavior. |
Case | |
| Christine Valpiani and Anthony Valpiani, husband and wife, plaintiffs v. Lisa K. Reising, D.V.M. a Washington State veterinarian |
This King County, Washington motion for summary judgment sought dismissal of several of plaintiff's claims as well as a limitation to the damages that are recoverable. Plaintiffs claim that the negligence of defendant-veterinarian caused the death of their dog (defendant admitted negligence so the issue here centers on damages). The court held that plaintiffs may assert claims for loss of use, but not loss of companionship. |
Pleading | |||
| Chronic Wasting Disease In Domesticated Elk | Colorado Department of Agriculture | http://www.ag.state.co.us/animals/livestock_disease/cwd.html |
This document provides a short overview of the disease cycle and transmission of Chronic Wasting Disease (CWD)among the elk herd in Colorado. It also outlines the steps the State of Colorado is taking to ensure detection of the disease in wild and domestic herds of bovine animals. |
Article | |
| Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah | 508 U.S. 520 (1993) | 113 S.Ct. 2217 |
Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity. |
Case | |
| Circuses and the Laws Governing Them | Anastasia Niedrich |
Brief Summary of Animals in Circuses and the Laws Governing Them
|
Topical Introduction | ||
| Cisneros v. Petland, Inc. | 972 F.3d 1204 (11th Cir. 2020) | Plaintiff Cisneros purchased a Shih Tzu puppy named "Giant" from Petland Kennesaw, a Kennesaw, Georgia franchise of Petland, Inc. She received a certificate of "veterinary inspection" and a limited health guarantee at the time of purchase. Several days later, problems arose with the puppy and she brought the dog back to the Petland affiliated veterinarian who prescribed antibiotics without making a diagnosis. Shortly thereafter, an emergency pet visit revealed the dog suffered from parvovirus. Cisneros called Petland who told her to take the dog back to the Petland vet if she wanted a refund. She did so and the dog died several days later. Because the State of Georgia requires reporting of parvovirus, Cisneros received a report after the dog died, but she learned the dog's organs had been removed (an uncommon post mortem practice). As a result, plaintiff alleged that actions were the intended result of a nationwide conspiracy involving Petland and its affiliates to sell unhealthy puppies from "puppy mills" where health conditions are rubber stamped by a network of "preferred veterinarians" and buyers are deceived by sales documents that distract from the fraud. Plaintiff broadly asserted three claims: (1) a violation of the federal RICO statute, 18 U.S.C. § 1962(c); (2) a conspiracy to violate the federal RICO statute, 18 U.S.C. § 1962(d); and (3) with respect to a Georgia subclass of persons who purchased a cat or dog from a Petland franchise in Georgia from July 2013 to the present, a violation of Georgia's state RICO statute, O.C.G.A. § 16-14-4. The district court dismissed Cisneros's federal causes of action for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and declined to exercise supplemental jurisdiction over her remaining state-law claim, pursuant to 28 U.S.C. § 1367(c). After applying the six-fold test for a private plaintiff suing under the civil provisions of RICO, this Court found chiefly that Cisneros has alleged no facts that plausibly support the inference that the defendants were collectively trying to make money in pet sales by fraud, which is a common purpose sufficient to find a RICO enterprise. Cisneros was required to allege not just that Petland Kennesaw had a fraudulent purpose, but that it was a common purpose, formed in collaboration with Petland, PAWSitive, and the preferred veterinarians. In the end, Cisneros has alleged only that Petland operates a franchise business like any other franchisor. Even assuming that Cisneros has adequately pled fraud on the part of Petland Kennesaw, she has not alleged that its predicate acts constituted a pattern of racketeering activity. The action was affirmed in part, and vacated and remanded in part. | Case | ||
| CITES - List of Reservations |
Specific reservations entered by Parties in effect from 14 September 2014
|
Treaty |
