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Displaying 3331 - 3340 of 6844
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Lopez v. State | 720 S.W.2d 201 (Tex. App. 1986). |
The court convicted the defendant of cruelty to animals where the defendant left his dog in the car on a hot, sunny, dry day with the windows only cracked an inch and a half. Such action was deemed "transporting or confining animal in a cruel manner." |
Case | ||
| Lorenz v. City & Borough of Juneau | --- P.3d ----, 2025 WL 2180275 (Alaska Ct. App. Aug. 1, 2025) | Appellant Dorene Lorenz appealed her conviction for two infractions under a municipal nuisance barking ordinance issued after her neighbors complained that her two dogs barked frequently and for prolonged periods on three specified dates. The City and Borough of Juneau prosecuted the case, which proceeded to a bench trial where the central factual issue was whether the dogs' barking disturbed the neighborhood. Lorenz contended the ordinance was unconstitutionally vague for lacking an objective standard, potentially criminalizing ordinary canine behavior and inviting arbitrary enforcement. The appellate court, applying the doctrine of constitutional avoidance, construed the ordinance to incorporate an implicit "reasonable person" standard to cure the vagueness defect, thereby providing the requisite notice and guarding against arbitrary application. Procedurally, the court found the lower tribunal abused its discretion by precluding Lorenz from presenting potentially exculpatory video evidence of her dogs' conduct, which was central to her defense against the allegations. Additional due process concerns were identified, including limitations placed on Lorenz's right to cross-examine witnesses and potential discovery violations regarding the production of a "bark log" upon which the court relied in its findings. Given the cumulative impact of these errors on the quasi-criminal proceeding, the appellate court vacated the conviction. The appellate court vacated the convictions and remanded the case for further proceedings consistent with its opinion. | Case | ||
| Los Altos Boots v. Bonta | Slip Copy, 2021 WL 5234864 (E.D. Cal. Nov. 10, 2021) | This unpublished California case considers the application of the recently amended statute (Penal Code section 653o), which makes it "unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard" beginning January 1, 2022. The instant case concerns the importation of some caiman products. The businesses bringing the suit seek the enjoin the caiman prohibition while the lawsuit is pending. While the state contends that the plaintiffs lack standing because the claim is unripe, the court found the three-part standing test was satisfied. The court also found that the extraordinary remedy of a preliminary injunction was justified where plaintiffs are likely to succeed on the merits, the plaintiffs will suffer irreparable economic harm if section 653o goes into effect on January 1st that cannot not be mitigated by damages, and the balance of harms favors plaintiffs. Specifically, the court found that section 653o will create a "clear conflict between that section and the Endangered Species Act" and plaintiffs have demonstrated a serious harm to their businesses. The court declined to "wade into a policy dispute "whether California's or the United States’ wildlife protections are superior." The motion for a preliminary injunction was granted. The defendants, their employees, agents, and successors in office are enjoined from enforcing California Penal Code sections 653o(c) and 653r in connection with the importation, possession, or sale of caiman bodies, parts, or products until the final disposition of this case. | Case | ||
| Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership | Patricia A. Bolen | Animal Legal & Historical Center |
This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party. |
Article | |
| Lost Dogs | Chistopher Berry |
Frequently Asked Questions on Lost Pets
|
Topical Introduction | ||
| Lost Pet FAQ | Christopher A. Berry | Animal Legal and Historical Center |
This lost pet FAQ gives general guidance for people who are in a conflict over a lost pet or want to avoid losing their pet in the first place. |
Article | |
| Louisiana v. Caillet, Jr. | 518 So. 2d 1062 (La. App. 1987) | Twenty- six people where charged with dog fighting in violation of La. Rev. Stat. Ann. § 14:102.5 for paying a fee to be spectators at a dog fight. They filed a motion to quash, urging that the indictments failed to charge a punishable offense; they were denied the motion. Thereafter, 11 defendants applied for supervisory writs, the appellate court granted the motion to quash, holding that § 14:102.5 did not proscribe paying a fee to be a spectator at a dog fight. | Case | ||
| LOUISVILLE & N. R. CO. v. WATSON | 208 Ala. 319 (1922) | 94 So. 551 (Ala., 1922) |
On November 2, 1920, on a “moonlit night”, plaintiff was fox hunting by a railroad track when his dog was hit by the train. Plaintiff claimed that defendant’s employee negligently ran over his dog while acting within the scope of his duties as an operator of the train. The Alabama Supreme Court affirmed a jury award of $50, and held that it was proper for the plaintiff to show the excellent hunting qualities displayed by this dog to determine its market value. |
Case | |
| Lowry v. City of San Diego | 818 F.3d 840 (9th Cir. Apr. 1, 2016) | 2016 WL 1273183 (9th Cir. Apr. 1, 2016) | Plaintiff in this case filed suit against the City of San Diego after she was attacked and bit by one of the police dogs. Lowry alleged that the City’s policy of training its police dogs to “bite and hold” individuals resulted in a violation of her Fourth Amendment rights against unreasonable seizures. The court remanded the case back to the lower court, holding that a reasonable jury could find that the use of the police dog against Lowry was an intrusion on her Fourth Amendment rights. The court maintained that the officers had reason to believe that letting the dog into Lowry’s office “off-lead” had the potential of creating severe harm. The court also noted that Lowry was not attempting to evade or resist arrest and therefore letting the dog “off-lead” may not have been reasonable. Reversed and remanded for further proceedings. | Case | |
| Loy v. Kenney | 85 Cal. App. 5th 403, 301 Cal. Rptr. 3d 352 (2022), reh'g denied (Dec. 2, 2022) | The background of the case involves buyers who sued alleged sellers of dogs for falsely advertising their pets as healthy when they were actually sick and died soon after. The buyers claimed that this violated the Consumers Legal Remedies Act. The Superior Court in Los Angeles County granted the buyers' motion for a preliminary injunction, which prevented the sellers from selling or advertising dogs. However, the sellers appealed this decision. The sellers' main issue at the the Court of Appeal was whether there was sufficient evidence to support the claim that the buyers purchased the puppies in question from the sellers. The court found relying on the buyers' declarations to establish the sellers' identities did not result in any harm. In addition, the buyers had provided adequate evidence to support their allegations that the puppies had been dyed brown. The court found the objections raised by the sellers regarding the evidentiary foundations for allegations relating to the dogs' ages, vaccinations, and causes of death were not relevant to the preliminary injunction. Substantial evidence existed to suggest that the buyers would likely succeed in their claim against the sellers and the balance of harms favored granting the preliminary injunction. Lastly, the sellers' persistence in their routine indicated that the public interest favored the grant of the preliminary injunction. Therefore, the Court of Appeal affirmed the decision. | Case |
