Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Black Hawk County v. Jacobsen (Unpublished) | 2002 WL 1429365 (Iowa App. 2002) (Not Reported in N.W. 2d) |
In this case, Donna Jacobsen appealed a district court order finding she had neglected fifty-six dogs in the course of her operation of a federal and state licensed kennel in Jesup. On appeal, Jacobsen contended that the district court lacked subject matter jurisdiction because federal law (the Animal Welfare Act) preempts state regulations of federally licensed kennels. The court disagreed, finding the Act expressly contemplates state and local regulation of animals. Further, a plain reading of the Animal Welfare Act shows that Congress demonstrated no express or implied intent to preempt state or local government from regulating in this area. |
Case | |
| Burkholder v. Department of Agriculture | 265 A.3d 863 (Pa. Commw. Ct. 2021) | In this Pennsylvania case, James Burkholder, d/b/a Whispering Spring Kennel (Burkholder), petitioned for review of an adjudication of the Secretary of Agriculture (Secretary) that imposed a $19,500 civil penalty on Burkholder for transferring two dogs in excess of the annual limit under his Class IV kennel license in December of 2017. Burkholder raises two arguments: first, the Dog Law does not specify that transfers of more than 60 dogs by a private kennel constitute violations; and two, the penalty imposed is excessive and unreasonable. This court first noted that a Kennel Class IV license clearly does not allow him to transfer more than 60 dogs and thus any transfers in excess violate the Dog Law. As to the excessive penalty argument, the court first examined the distinction between separate and ongoing violations of the Dog Law because it raised a question of first impression under the Dog Law. Relying on the distinction in other contexts, particularly regarding penalties imposed by the Pennsylvania Public Utility Commission (PUC), the court found that a kennel owner holding too many dogs could remedy the violation simply by transferring the excess dogs. The problem here is that, where an owner has transferred more dogs than his license allows, there is no way to correct the violation. Thus, said the court, a per-day fine is improper. "Each unauthorized transfer of a single dog is a single violation of the Dog Law, not a continuing violation, because it is not ongoing in nature and such transfers can be feasibly segregated into discrete violations so as to impose separate penalties." The court concluded that the Department erred as a matter of law by imposing ongoing penalties for two discrete unauthorized transfers. The order of the Department as to the excess transfers of dogs was affirmed, but the portion as to the amount of the penalty was vacated. The matter was remanded for further proceedings. | Case | |
| 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 | |
| City of La Marque v. Braskey | 216 S.W.3d 861 (Tex. Ct. App. 2007) | 2007 WL 14481 (Tex. Ct. App.) (unpublished) |
A city's ordinance did not allow a kennel, defined as a place containing more than four dogs and cats, to be operated within 100 feet of a residence, school, or church. A woman kept as many as 100 cats at a time in a shelter within 100 feet of three homes, and she was criminally charged under the ordinance. The court found that the ordinance did not violate the plaintiff's constitutional rights because there was no right to use her property in any manner that she chose. |
Case |
| Cox v. U.S. Dept. of Agriculture | 925 F.2d 1102 (8th Cir. 1991) |
USDA had suspended a kennel owner’s license for 90 days and imposed a fine on the owner for violating AWA regulations. These violations included delivering dogs for transportation in commerce, that were under eight weeks old, failing to hold dogs for at least five days after acquiring them, and refusing APHIS inspections. Owner claimed that such sanctions were excessive. However, the court found that there was willful violation of the AWA, since inspections were refused. Also, ignorance is not considered a defense, and although the owners claimed they did not know the age of the eight-week old puppies, they could have found out. Thus, the sanction was appropriate. |
Case | |
| Diercks v. Wisconsin | 2006 WL 3761333 (E.D. Wis. 2006) |
An owner of a greyhound kennel was suspected of giving her dogs illegal steroids because an informant told the government agency this was happening. The particular steroid used was impossible to detect using urine samples, so the government agency, without a warrant, installed covert video cameras in the kennel and that way determined that the owner was injecting her dogs. The owner claimed this violated her Fourth Amendment search and seizure rights, and the court agreed; however, the agency actors were not liable because the state of the law on this issue was not clear and it was reasonable for them to think they could legally install the video surveillance system. |
Case | |
| Doris Day Animal League v. Veneman | 315 F.3d 297 (D.C. Cir. 2003) | Animal rights group brought action challenging validity of regulation exempting breeders who sell dogs from their residences from licensure under Animal Welfare Act. The United States District Court for the District of Columbia, Colleen Kollar-Kotelly, J., held that regulation was invalid, and appeal was taken. The Court of Appeals, Randolph, Circuit Judge, held that regulation was reasonable interpretation of Congressional intent. | Case | |
| Eckhart v. Department of Agriculture | 8 A.3d 401(Pa. Commw. Ct., 2010) | 2010 WL 4596316 (Pa. Commw. Ct.) |
A dog kennel operator acquired 30 dogs while under a revised notice to cease and desist operating a kennel and from buying dogs. The Commonwealth Court affirmed fines imposed by the Department of Agriculture, holding that the fines for violation of the dog law were not excessive or unreasonable; that fines for failure to comply with conditions of the revised notice were not unconstitutionally excessive or unreasonable; and that enforcement of orders by Bureau of Dog Law Enforcement pending appeal were not staid by the doctrine of equitable estoppel. |
Case |
| Humane Society of United States v. State | 405 S.W.3d 532 (Mo. 2013) | 2013 WL 4080775 (Mo. 2013) |
On May 13, 2011, Animal Welfare Organizations sought a declaratory judgment against the State of Missouri and the Missouri Department of Agriculture stating that Senate Bill (SB) 795 violated the Missouri Constitution by amending a bill to change its original purpose. The trial court found the Animal Welfare Organization's cause of action was moot and granted the State and the State Department's motion for summary judgment. On appeal, in an en blanc opinion, the Missouri Supreme Court found the repeal and reenactment of § 273.327 in SB 161 rendered moot any decision as to whether SB795 was properly enacted. The lower court's decision was therefore affirmed. |
Case |
| IN RE: JAMES AND JULIA STUEKERJUERGEN, D/B/A CORNER VIEW KENNELS. | 44 Agric. Dec. 186 (1985) | 1985 WL 62918 (U.S.D.A.) | Dog broker shipping dogs under 8 weeks old was assessed civil penalty of $7,000 and license as dealer under Animal Welfare Act was suspended for 35 days, since broker was one of largest dog brokers in state, 8-week minimum age requirement was based on finding that ability of dogs to function in adult environment was adversely affected if shipped under that age, violations were serious and flagrant in view of large number of puppies shipped on 10 different occasions during 2-month period, and broker had violated Act and standards on prior occasion resulting in 12 day license suspension. | Case |