Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| VIVA! International Voice for Animals, et al v. Adidas Promotional Retail Operations, Inc., et al | In this California case, plaintiffs sued defendants for injunctive and declaratory relief, claiming that defendants import the kangaroo leather in violation of section Penal Code section 653o—and thus are committing an unlawful business practice (Bus. & Prof. Code, § 17200 et seq.). Section 653o bans the import of products made from certain animals, including kangaroos into California. Defendants import and sell in California markets athletic shoes made from kangaroo leather. Defendants moved for summary judgment, arguing that section 653o is preempted by federal law under the doctrine of conflict preemption. The trial court agreed and granted the motion. The appellate court also agreed, finding that the statute as applied to defendants in this case conflicts with federal law and with substantial federal objectives of persuading Australian federal and state governments to impose kangaroo population management programs, in exchange for allowing the importation of kangaroo products. The accompanying regulations set forth a comprehensive national policy for the protection of endangered species such as the three kangaroo species involved in this case. Application of section 653o would stand as an obstacle to the accomplishment and execution of the objectives of Congress if applied to the defendants. | Pleading | ||
| Sixth Angel Shepherd Rescue, Inc v. Bengal | 2011 WL 4867541 (C.A.3 (Pa.),2011) |
Sixth Angel Shepherd Rescue rescued three dogs from North Carolina and had them delivered to Pennsylvania. The Pennsylvania Bureau of Dog Law Enforcement seized them and turned them over to Appellants PSPCA. The District Court ordered Appellants to return the dogs to Sixth Angel based on a state law conversion claim. The motion was affirmed because PSPCA deprived Sixth Angel of its unique property. Returning the dogs to their owner served the public interest by settling property rights and allowing Sixth Angel to fulfill its mission of finding homes for the dogs. |
Case | |
| Whitman v. State | 2008 WL 1962242 (Ark.App.,2008) |
Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside. |
Case | |
| KS - Rehabilitation - 32-953. Rehabilitation permit | K. S. A. 32-953 | KS ST 32-953 | This Kansas law states that a rehabilitation permit is required to perform wildlife rehabilitation services. | Statute |
| AU - Cruelty - Animal Welfare Act (ACT Primary Act) | Animal Welfare Act 1992 | The Australian Capital Territory enacted this Act 'for the promotion of animal welfare and for related purposes'. The Act is enforced by the RSPCA ACT and generally covers domestic animals. | Statute | |
| HI - Honolulu - Chapter 7: Animals and Fowl (Article 1: Cockfighting and Related Equipment) | Revised Ordinances of Honolulu §§ 7-1.1 - 7-1.3 |
This Honolulu ordinance prohibits any person from engaging or participating in a cockfighting exhibition. This ordinance also prohibits gaffs or slashers or any other sharp instrument from being attached to or in place of the natural spur on a gamecock or other fighting fowl. Any person violating any provision of this article shall be punished by a fine of not less than $250 and not exceeding $1,000 or by imprisonment not exceeding thirty days, or by both. |
Local Ordinance | |
| United States v. Bengis | 2006 WL 3735654 (S.D. N.Y. 2006) |
Defendants were caught illegally over-fishing off the coast of South Africa and selling the fish in the United States, in violation of the Lacey Act. The United States Government could not seek compensation for South Africa under the Mandatory Victims Restitution Act because the fish were not property belonging to South Africa. However, the United States Government may be able to seek restitution for the South African Government under the discretionary Victim and Witness Protection Act. Opinion Vacated and Remanded by: U.S. v. Bengis, 631 F.3d 33 (2nd Cir., 2011). |
Case | |
| NY - Police dog - § 122-c. Transport of police work dogs injured in the line of duty | McKinney's General Municipal Law § 122-c | NY GEN MUN § 122-c | This New York law from 2015 states that an emergency medical service paramedic or emergency medical service technician may transport any police work dog injured in the line of duty to a veterinary clinic or similar such facility provided, however, that there are no persons requiring medical attention or transport at such time. | Statute |
| MN - Initiatives - Amendment 2 (right to hunt) | Amendment 2 (1998) | This ballot measure asked whether the Minnesota Constitution should be amended to affirm that hunting and fishing and the taking of game and fish are a valued part of our heritage that shall be forever preserved for the people and shall be managed by law and regulation for the public good. The measure was passed in 1998 by 77.2% of voters. | Statute | |
| WV - Dangerous - § 20-2-16. Dogs chasing deer | W. Va. Code, § 20-2-16 | WV ST § 20-2-16 | This West Virginia statute states that, except as provided in § 20-2-5j enacted in 2020, no person may permit or use his or her dog to hunt or chase deer. A natural resources police officer shall take into possession any dog known to have unlawfully hunted or chased deer. If the owner of the dog can be determined, the dog shall be returned to the owner. If the owner of the dog cannot be determined, the natural resources police officer shall deliver the dog to the appropriate county humane officer or facility consistent with the provisions of this code. | Statute |