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Displaying 6611 - 6620 of 6822
Title Citation Alternate Citation Agency Citation Summary Type
OK - Domestic Violence - § 60.2. Protective order--Petition--Complaint requirement for certain stalking victims--Fees 22 Okl. St. Ann. § 60.2 OK ST T. 22 § 60.2 This Oklahoma law reflects the state's provision for protective orders in cases of domestic abuse. The person seeking a protective order may further request the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner, defendant or minor child residing in the residence of the petitioner or defendant. The court may order the defendant to make no contact with the animal and forbid the defendant from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. Statute
Finland - Animal Welfare Act (247/1996, amendments up to 1430/2006 included) The objective of the Finnish Animal Welfare Act is to protect animals from distress, pain and suffering in the best possible way. Another objective is to promote the welfare and good treatment of animals. In meeting these objectives, the Act prohibits inflicting undue pain and distress on animals; what is considered undue pain and distress is discussed by decree. The act also contains special provisions concerning hunting, keeping wild animals in zoos, fishing, veterinary medication, animal breeding, artificial propagation of animals, animal testing on vertebrates, animal transportation, gene technology and nature conservation. Statute
In re Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation-MDL No.1993 United States Court of Appeals, District of Columbia Circuit. 720 F.3d 354 (D.C. Cir. 2013) 2013 WL 2991027 (D.C. Cir. 2013)

Hunters and hunting organizations sued the Secretary of Interior, the Director of the U.S. Fish and Wildlife Service, and the Service itself after the Service listed the polar bear as a threatened species under the Endangered Species Act (ESA) and barred the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA). On appeal, the appeals court affirmed the lower court’s decision to grant the defendants' motion of summary judgment.

Case
Toledo v. Tellings 871 N.E.2d 1152 (Ohio, 2007) 114 Ohio St.3d 278; 2007 -Ohio- 3724

In this Ohio case, the defendant, who owned three pit bull type dogs, was convicted in the Municipal Court, Lucas County, of violating the Toledo city ordinance that limited ownership to only one pit bull per household. On appeal by the City, the Supreme Court found the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls. The evidence presented in the trial court supports the conclusion that pit bulls pose a serious danger to the safety of citizens. The statutes and the city ordinance are rationally related to serve the legitimate interests of protecting Ohio and Toledo citizens.

Case
Wolf v. Taylor 197 P.3d 585 (Or. App., 2008) 224 Or. App. 245 (2008) This action comes as part of the dissolution of the parties' domestic partnership. The parties had entered into a settlement agreement, which included a provision granting full ownership of Mike, the couple's dog, to Taylor, so long as he agreed to grant Wolf visitation with Mike. Approximately one month later, Wolf had second thoughts and moved to rescind the entire agreement based on the invalidity of the dog visitation provision. Wolf asserts the provision is invalid because it attempts to grant visitation with an item of personal property, and is impossible to perform. This court only answered the question whether invalidity of the dog visitation provision would invalidate the entire agreement, which they answer in the negative because of the severability provision included in the agreement. Case
Theis v. Yuba County Sheriff's Department Slip Copy, 2019 WL 3006261 (E.D. Cal. July 10, 2019) The Plaintiffs allege that their cat, named Pizza, was unlawfully euthanized at Yuba County Animal Care Services shelter in Olivehurst, California on or about February 9, 2018. Pizza went missing on or about February 9, 2018 and Plaintiffs found out later that same day that a neighbor had found the cat and brought it to the Yuba County animal shelter. The Plaintiffs attempted to contact the shelter, but it had already closed for the evening. The next morning around 9:30 a.m., the Plaintiffs arrived at the shelter and learned that Pizza had been euthanized as early as 5:00 p.m. the night before. Defendant Barnhill, the shelter’s supervising officer, informed the Plaintiff’s that Pizza had been injured, however, the neighbor who brought the cat to the shelter without knowing it was the Plaintiffs’ described Pizza as looking healthy. The Plaintiffs contend that Pizza’s euthanization falls within an ongoing pattern and practice of abuse and failure to follow state and federal law. Plaintiffs filed their original complaint on October 1, 2018. The Defendants removed the case to federal court. Plaintiff’s asserted four claims in their First Amended Complaint: (1) the failure to perform mandatory duties in violation of California Government Code section 815.6, (2) petition for a writ of mandate under California Code of Civil Procedure section 1085, (3) violation of the plaintiff’s Fourteenth Amendment substantive due process rights under 42 U.S.C. section 1983, (4) negligence under California common law. The Defendants moved to dismiss Plaintiff’s First Amended Complaint and alleged that the Plaintiff’s did not plead facts sufficient to show that Barnhill engaged in unlawful conduct or to establish a substantive or procedural due process violation. The Court, however, granted the Plaintiffs leave to amend their complaint as to the section 1983 claim. The Court declined to assert supplemental jurisdiction over the state law claims, which were the Plaintiff’s first, second, and fourth claims since the Plaintiff’s had conceded that their federal claim by requesting to amend their complaint. As a result, the Court reviewed remaining claims to determine whether they may be included in any amended complaint or whether leave to amend would be futile. The Court determined that granting Plaintiff’s leave to file a second amended complaint would not be futile on all of their claims except for the petition for writ of mandate claim. California’s Civil Procedure Code section 1085 does not apply to federal courts and, therefore, the Plaintiff’s leave to amend this claim would be futile. Ultimately, the Court ordered Plaintiff’s third cause of action for violations of their Fourteenth Amendment substantive and procedural due process rights be dismissed with leave to amend, the Plaintiff’s state law claims in their first, second, and fourth causes of action be dismissed with leave to amend to the extent consistent with the order, and denied the Defendant's motions to strike Plaintiffs' punitive damages claim. Plaintiffs were required to file a second amended complaint within 21 days of the date the order was filed if they wished to amend their complaint. Case
King v. Karpe 338 P.2d 979 (Ca.,1959) 170 Cal.App.2d 344 (1959)

Plaintiff sued for damages after a cow was sent to slaughter after a veterinarian had determined that she was incapable of breeding. The court recognized “peculiar value” of the cow where there was evidence that she was slaughtered before she had completed a course of treatment meant to restore her to brood status, that she could have produced for another five or six years, that the three bull calves she had produced were outstanding, that defendant took a half interest in them as the breeding fee and exhibited them at shows, that the cow's blood line produced calves particularly valuable for inbreeding, that plaintiff needed this type of stock to build up her herd, and that defendant had knowledge of these facts. The value of the bull to which the cow had been bred was also material to the cow’s actual value.

Case
Pometti, Hugo c/ Provincia de Mendoza s/ acción de amparo Id SAIJ: FA17190000 This is an action of protection or "accion de amparo” filed by Hugo Edgardo Pometti against the Province of Mendoza in The Court of Associated Judicial Management No. 2 of Mendoza. The Petitioner sought to stop the transfer of the chimpanzee Cecilia to the sanctuary located in Brazil and to keep her in the Zoo of Mendoza in order to preserve the natural and cultural heritage and the biological diversity. The petitioner also requested a precautionary action to not transfer the chimpanzee until decision on the the action of amparo was issued. Case
NJ - Ordinance - Chapter 19. Dogs, Taxation and Liability for Injuries Caused by. NJSA 4:19-15.12 NJ ST 4:19-15.12 This New Jersey statute provides that a municipality may by ordinance, fix the sum to be paid annually for a dog license and each renewal thereof, which sum shall be not less than $1.50 nor more than $21.00. The statute also also provides upper and lower limits for three-year licenses. Statute
MD - Veterinarian Issues - Reporting Animal Cruelty MD ADC 15.14.15.01 to MD ADC 15.14.15.9999 COMAR 15.14.15.01 to COMAR 15.14.15.9999 These regulations state that if a veterinarian suspects animal cruelty, the veterinarian should do the following: (1) Note the condition of the animal upon presentation in the animal's treatment record; (2) Note the basis for suspecting cruelty in the animal's treatment record; and (3) Promptly report the suspected instance of cruelty, including animal fighting, to the appropriate local law enforcement or county animal control agency. A veterinarian who reports, in good faith, a suspected incident of animal cruelty is immune from any civil liability that results from this report. Administrative

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