Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Rotunda v. Haynes | 33 Misc.3d 68 (App. Term 2011) | 933 N.Y.S.2d 803, 75 UCC Rep.Serv.2d 808, 2011 N.Y. Slip Op. 21360 | The plaintiff in this case filed suit against the defendant, a dog breeder, to recover medical fees after receiving a dog that had a “severe genetic heart defect.” The dog was purchased by a third party and given to plaintiff as a gift. The court in this case held that the plaintiff was not entitled to damages under the General Business Law or the Uniform Commercial Code. The court held that the plaintiff was not entitled to damages under the General Business Law because the dog was not actually purchased by plaintiff. In addition, the plaintiff was not entitled to recover under the Uniform Commercial Code because plaintiff was unable to establish “privity with the defendant or personal injuries arising from the alleged defect,” which are required in order to recover damages. The judgment was affirmed. | Case |
| DE - Domestic Violence - § 1045. Relief available; duration of orders, modification and termination | 10 Del.C. § 1045 | DE ST TI 10 § 1045 | Delaware amended its law on protection orders in domestic violence situations to include protection of pets in 2023. Per subsection (a)(12), a court may "[g]rant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal." | Statute |
| Sample Post |
Sample Post of Dog Map
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Policy | ||
| MA - Cambridge - Title 6: Animals (Chapter 6.12: Care and Use of Laboratory Animals) | The Municipal Code of the City of Cambridge §§ 6.12.010 - 6.12.100 |
In Cambridge, Massachusetts, research institutions that perform experiments on animals must do so in conformity with all federal, state and local statutes, ordinances and regulations, as well as maintain or establish an autonomous animal care and use committee with the power to disapprove or restrict research, experiments or regarding the care and use of laboratory animals. This ordinance also establishes a Commissioner of Laboratory Animals (CLA) for the purpose of overseeing research institutions and their committees. Penalties for violating these provisions are also provided. |
Local Ordinance | |
| U.S. v. Taylor | 585 F.Supp. 393 (D.C. Me. 1984) |
The defendant moved to dismiss the indictment on the ground that Maine section 7613 (related to the importation of fish bait species) places an impermissible burden on interstate commerce in violation of the Commerce Clause of the United States Constitution. While the court noted there is nothing in either the statute or its legislative history which expresses the clear intent of Congress that the Lacey Act Amendments are meant to insulate state legislation from attack under the Commerce Clause, it found that the somewhat unique characteristics associated with Maine's wild fish population, the substantial uncertainties surrounding the effects these organisms have on fish and the unpredictable consequences attending the introduction of exotic species into Maine's wild fish population (including the introduction of fish parasites into the native population), the state clearly has a legitimate and substantial purpose in prohibiting the importation of live bait fish. |
Case | |
| WV - Lien - § 38-11-4. Lien of bailee of animals or vehicles | W. Va. Code, § 38-11-4 | WV ST § 38-11-4 | This West Virginia law (as it relates to animals) states the a person who keeps a livery stable, or boarding stable for animals, or one who boards, pastures, feeds or trains animals for hire, has a lien upon such animals for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping of such animals. This lien exists even though such animals are permitted to be taken out of the possession of the one claiming such lien even if the contract has not yet terminated for the lien. The purchaser of such an animal, while out of the possession of the person claiming the lien, can take the property free of the lien unless he or she had actual notice of the lien at the time of purchase. | Statute |
| Reicksview Farms, L.L.C. v. Kiehne | 541 F. Supp. 3d 935 (N.D. Iowa 2021) | This case is brought by a farm in the business of raising and breeding pigs. Plaintiff brought suit against a veterinarian and veterinary clinic for several claims, including malpractice. Plaintiff alleges defendant failed to oversee and perform testing for Mhp, leading plaintiff to unknowingly transfer infected pigs to other farms resulting in monetary damages. Defendants moved for summary judgment and were denied, with the court holding that the two year statute of limitations for veterinary malpractice claims does not apply, and the five year statute of limitations for unwritten contract applies. | Case | |
| EU - Research - Directive 2010.63.EU | Directive 2010/63/EU | Directive 2010/63/EU revises Directive 86/609/EEC on the protection of animals used for scientific purposes. It aims to replace, reduce and refine the use of animals in research procedures by using alternative approaches. The directive applies to live non-human vertebrate animals, including independently feeding larval forms and foetal forms of mammals in the last trimester, and live cephalopods. The directive also applies to animals used in procedures, which are at an earlier stage of development than that referred to above, if the animal is to be allowed to live beyond that stage of development and, as a result of the procedures performed, is likely to experience pain, suffering, distress or lasting harm after it has reached that stage of development. It also sets out provisions for risk-based inspections and lays down minimum care standards. | Statute | |
| OR - Police Animal - 682.410. Emergency transportation for treatment of police dogs injured in the line of duty | O.R.S. § 682.410 | OR ST § 682.410 | Under this Oregon law from 2021, an emergency medical services provider may provide emergency transportation for treatment to a police dog that is injured in the line of duty, provided that such transportation for treatment does not delay or otherwise interfere with the emergency transportation for treatment of any human. | Statute |
| TX - Fighting - § 42.10. Dog Fighting. | V. T. C. A., Penal Code § 42.10 | TX PENAL § 42.10 | Texas criminal statute that prohibits dog fighting. Actions ranging from causing a dog to fight with another to attending a dog fight as a spectator are prohibited. To constitute an offense, one must demonstrate the requisite intent of intentionally or knowingly. | Statute |
