Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| In Defense of Animals v. Salazar | 675 F.Supp.2d 89 (D.D.C., 2009) | 2009 WL 4981172 (D.D.C.) | In this case, the Plaintiffs, In Defense of Animals, Craig C. Downer, and Terri Farley, attempted to obtain a preliminary injunction that would stop the defendants, Secretary of the Interior Ken Salazar and representatives of the Interior Department's Bureau of Land Management (“the Bureau”), from implementing a plan to capture or gather approximately 2,700 wild horses located in western Nevada (“gather plan”). The plaintiffs contended that the gather plan had to be set aside pursuant to the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., because the Bureau did not have the statutory authority to carry out the gather plan, and because the plan did not comply with the terms of the Wild Free-Roaming Horses and Burros Act (“Wild Horse Act”), 16 U.S.C. §§ 1331 et seq. The Court denied the Plaintiffs request for an injunction. | Case |
| In Defense of Animals v. U.S. Dept. of Interior | 648 F.3d 1012 (C.A.9 (Cal.),2011) | 2011 WL 3559951 (C.A.9 (Cal.),2011) |
Plaintiff animal non-profits filed a Motion for a Temporary Restraining Order and/or Preliminary Injunction to stop the government from rounding up, destroying, and auctioning off wild horses and burros in the Twin Peaks Herd Management Area. Plaintiffs alleged that the government's actions violated the Wild Free–Roaming Horses and Burros Act and the National Environmental Policy Act. However, the initial phase of the plan sought to be enjoined (the roundup) had taken place. The court held that the interlocutory appeal from the denial of a preliminary injunction was moot because the roundup had already taken place. |
Case |
| In re Capers' Estate | 34 Pa. D. & C.2d 121 (Pa.Orph.) (1964) | 15 Fiduc.Rep. 150, 1963 WL 6573 (Pa.Orph.) (1964) |
In this Pennsylvania case, the testatrix directed in her will that her Irish setter dogs to be destroyed in a humane manner. The executors were unsure of what action to take and sought declaratory relief. In attempting to construe the testatrix's intent, the court found that she "evidently feared that either they would grieve for her or that no one would afford them the same affection and kindness that they received during her life." The court found that the intent of testatrix would be carried out if her two favored Irish setters were placed in an environment where they are given the same care and attention that she she gave them during her life. The final question the court grappled with was whether it was against public policy to hold valid a clause in a will directing the summary destruction of certain of decedent's property after her death. The court held that the clause was void as not being within the purview of the Wills Act of the Commonwealth of Pennsylvania, and being against the public policy of the Commonwealth of Pennsylvania. |
Case |
| In re Clinton Cty. | 56 Misc. 3d 1155, 57 N.Y.S.3d 367 (N.Y. Sur. 2017) | 2017 WL 2914475 (N.Y. Sur. July 6, 2017), 2017 N.Y. Slip Op. 27228 | Synopsis from the court: County filed notice of claim, directed toward estate of cattle farmer who had passed away after he was charged with animal cruelty, seeking reimbursement for costs incurred in connection with care of seized cattle. The Surrogate's Court, Clinton County, Timothy J. Lawliss, J., held that: (1 ) county failed to establish that it was entitled to any relief based upon a theory of quantum meruit, and (2) even assuming that service providers, and thus county upon payment of service providers' bills, enriched farmer, county was not entitled to recover based upon a theory of unjust enrichment because criminal charges against farmer were dismissed upon his death. Notice of claim denied and dismissed. | Case |
| In re Endangered Species Act Section 4 Deadline Litigation-MDL No. 2165 | 704 F.3d 972 (D.C. Cir. Ct. App.,2013) | 2013 WL 45871 (D.C. Cir. Ct. App.,2013) |
After parties in a lawsuit over listing species as endangered or threatened agreed upon a settlement, the Safari Club motioned to intervene because the settlement might affect three species that the club's members hunt. The district court denied the motion to intervene as of right because the club lacked Article III standing and denied a permissive intervention because it would cause undue delay and prejudice to the parties; the court then approved the settlement and the club appealed. The appeals court affirmed the lower court's decision that the club lacked Article III standing for intervening as of right. The appeals court, however, in view of uncertainty whether Article III standing was required for permissive intervention, declined to exercise pendant appellate jurisdiction over the permissive intervention appeal. |
Case |
| In re Estate of Howard Brand, Late of Essex Junction, Vermont |
This Vermont case considers the effectiveness of a clause in a testator’s will that directs his executor to destroy any animals that he owns at the time of his death. The testator, Howard Brand, was believed to have owned four horses and one mule at the time of his death. An unincorporated association entitled, “The Coalition to Save Brand’s Horses” was formed in response to this unusual post-mortem request, and sought to intervene in the lawsuit. In a clear case of first impression in Vermont, the Chittenden County Court held that the clause as set forth in Brand’s last codicil mandating the destruction of his animals is void as contrary to public policy. |
Pleading | ||
| In re Estate of Ronald W. Callan, Jr. | This Tennessee order appoints a guardian ad litem for the custody and care of decedent, Ronald W. Callan Jr.'s, dog. According to the order, the guardian ad litem (an attorney in this case) acts not as an advocate for the dog, but rather has a duty to determine what is in the dog's best welfare. Further, the guardian is given unlimited access to the dog and has the right to inspect where the dog is being sheltered. He can also inspect all veterinary records and speak with the dog's veterinarian. | Pleading | ||
| In re Farm Sanctuary, Inc. and Gene Bauston, President | In 2002, the Florida Elections Commission received a sworn complaint alleging the Farm Sanctuary, Inc. (a non-profit organization dedicated to rescuing and protecting farm animals) violated Chapter 106, Florida statutes. The Commission staff investigated the allegations and based on the facts and conclusions of law contained in the Complaint, the Report of Investigation, and this statement, the staff recommends that there is probable cause to charge the Respondent with 210 separate counts of violating Section 106.021(1), Florida Statutes, prohibiting a person from making contributions to or receiving contributions on behalf of a political committee except through the campaign treasurer. This document is the order of probable cause. | Pleading | ||
| In Re Jackie King | This is a petition for a Writ of Mandamus ordering Potter County Sheriff to revoke all certificates to Charles Azzopardi, doing business as Texas Wildlife Center, due to violations of the Dangerous Wild Animal Act. Also included are exhibits and affidavits. | Pleading | ||
| In re Kenna Homes Cooperative Corporation | 557 S.E.2d 787 (W.V. 2001) |
The owners of a cooperative unit kept a dog in their dwelling despite a no pets policy. There was, however, an exception in the policy for service animals, and the Jessups argued that the small dog they kept was necessary due to various medical problems they had, including arthritis and depression. The housing authority denied the request, stating that only animals certified for the particular disability qualify as a "service animal." The West Virginia Court of Appeals held that a housing authority may require that a service animal be properly trained without violating federal law. |
Case |