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Displaying 11 - 20 of 6592
Title Citation Alternate Citation Agency Citation Summary Type
Kanoa Inc., v. Clinton 1 F. Supp. 2d 1088 (1998)

Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA").

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MD - Immunity - § 5-614. Veterinary aid, care or assistance MD Code, Courts and Judicial Proceedings, § 5-614 MD CTS & JUD PRO § 5-614 This law gives immunity to certain licensed professionals including veterinarians, medical care licensees, first responders, and certain local government employees for providing veterinary aid, care, or assistance (without a charging a fee) to animals at the scene of an emergency or in transit to a veterinary facility. The listed persons under the statute are not civilly liable for any act or omission in giving any veterinary aid, care, or assistance to an animal where the owner or custodian of the animal is not available to grant permission. Statute
Justice v. State 532 S.W.3d 862 (Tex. App. 2017) 2017 WL 4697920 (Tex. App. Oct. 19, 2017) In this Texas appeal, defendant Brent Justice contends that his conviction for a single count of cruelty to a nonlivestock animal was based on insufficient evidence. The incident stemmed from defendant's filming of his co-defendant, Ashley Richards, torturing and killing of a newly-weaned puppy. Justice and Richards ran an escort business named "Bad Gurls Entertainment" that focused on the production and distribution of animal "crush" videos (fetish videos involving the stomping, torturing, and killing of various kinds of animals in a prolonged manner). The evidence that supported the conviction involved the confessions of both perpetrators and the video of the puppy being tortured and ultimately killed. On appeal, defendant argues that he cannot be found guilty since was not the principal involved in the offense. This court was unconvinced, finding that the evidence was sufficient to support a state jail felony since "[t]here is no shortage of evidence that appellant aided Richards in her cruelty," including handing Richards the knife and filming the killing. The one issue in defendant's "hybrid" pro se and represented brief on appeal that the court granted was related to a finding that defendant used a "deadly weapon." After the filing of initial briefs, the Court of Criminal Appeals in Prichard v. State, No. PD-0712-16, --- S.W.3d ---, 2017 WL 2791524 (Tex. Crim. App. June 28, 2017), held that “a deadly weapon finding is disallowed when the recipient or victim is nonhuman.” Thus, in the case at hand, the court deleted the deadly weapon finding since it was directed at the puppy rather than a human. The case was remanded for a new hearing on punishment only since the conviction was affirmed for a state jail felony. Case
TX - Impound - Chapter 823. Animal Shelters V. T. C. A., Health & Safety Code § 823.001 - 009 TX HEALTH & S § 823.001 - 009 Chapter 823 enumerates the standards by which animal shelters shall comply. It sets forth confinement requirements, permissible forms of euthanasia, and personnel requirements. Statute
Howard v. Chimps, Inc. 284 P.3d 1181 (Or. App. 2012) 2012 WL 3195145 (Or. App. 2012); 251 Or.App.636 (2012)

While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

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People v. Preston 300 N.W. 853 (Mich. 1941) 299 Mich. 484 (Mich. 1941)

Defendant was convicted of wilfully and maliciously killing three cows.  The issue considered on review was: "Are the circumstances and testimony here, aliunde the confession of the respondent, sufficient to create such a probability that the death of the cattle in question was intentionally caused by human intervention and to justify the admission in evidence of the alleged confession of the respondent?"  The court held that the evidence was sufficient to sustain the conviction.

Case
Ley 25.335, 2000 Ley 25.335 This Ley approved the amendments to the Convention on Wetlands of International Importance especially the Waterbird Habitat, Ramsar 1971, adopted by the Extraordinary Conference of the Contracting Parties in the city of Regina, Canada. It also approved the ordered text of the Convention on Wetlands. Statute
WI - Dog, licenses - Chapter 174. Dogs. 174.06. Listing W. S. A. 174.06 WI ST 174.06 This Wisconsin statute provides that every town, village and city shall annually, by September 1, ascertain by diligent inquiry the dogs owned or kept within the assessment district. The listing official shall enter in the records for personal property assessments, or in a separate record, all dogs in the district subject to tax, to whom they are assessed, the name, number, sex, spayed or unspayed, neutered or unneutered, breed and color of each dog. Statute
US - Endangered Species - Part 222 - General Endangered and Threatened Marine Species 69 FR 4557 50 C.F.R. § 222.101 to .310 These ESA (Endangered Species Act) regulations relate to certificate of exemptions for pre-Act endangered species part under the general regulations for endangered and threatened marine species. The Assistant Administrator may issue permits for scientific purposes or for the enhancement of the propagation or survival of the affected endangered or threatened species in accordance with these regulations. Any person to whom a Certificate of Exemption has been issued by the National Marine Fisheries Service may apply to the Assistant Administrator for renewal of such certificate. Administrative
Stephens v. City of Spokane Slip Copy, 2007 WL 3146390 (E.D.Wash.) Not Reported in F.Supp.2d, 2007 WL 3146390

Before the court here is defendant's motion for summary judgment and plaintiff's motion to certify a class. Plaintiffs claim is based on Spokane's "barking dog" ordinance" for which they were each issued an infraction by animal control officers. Plaintiffs contend the ordinance is void for vagueness. The court disagreed, finding that the ordinance has incorporated the reasonableness standard and is presumptively constitutional. In the ordinance, the citizen of average intellect need not guess at the prohibition of allowing an animal to unreasonably disturb persons by “habitually barking, howling, yelping, whining, or making other oral noises.”

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