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Title Citation Alternate Citation Summary Type
U.S. v. Wahchumwah 710 F.3d 862 (9th Cir., 2012) 13 Cal. Daily Op. Serv. 2304, 2013 Daily Journal D.A.R. 2747

The United States Fish and Wildlife Services investigated a tip that the defendant was selling eagle parts in violation of the Bald and Golden Eagle Protection Act. Upon appeal, the defendant argued that his Fourth Amendment rights were violated by the undercover agent’s warrantless use of a concealed audio visual device to record the transaction inside the defendant’s home, but the appeals court disagreed.  However, the appeals court reversed  the defendant's conviction on Counts 2 or 3 and Counts 4 or 5 because those counts were multiplicitous.

Case
Rule v. Fort Dodge Animal Health, Inc. 604 F.Supp.2d 288 (D.Mass.,2009) 2009 WL 678744 (D.Mass.)

The plaintiff brought this action against Defendants Fort Dodge Animal Health, Inc. and Wyeth Corporation, seeking economic damages suffered from the purchase and injection of her dog with ProHeart® 6 to prevent heartworm. The complaint alleged products liability/failure to warn, breach of implied warranty of merchantability, and violation of state deceptive business practices, among others. In 2004, defendants recalled ProHeart® 6 in response to a request by FDA due to reported adverse reactions. This Court found that Massachusetts law follows the traditional “economic loss rule,” where such losses are not recoverable in in tort and strict liability actions where there has been no personal injury or property damage. Here, the plaintiff was barred from recovering because she has not alleged any personal injury or property damage under her products liability claim. Further, plaintiff failed to show that defendants' deceptive act caused some injury and compsensable loss. Defendants' motion to dismiss was granted.

Case
World Law

The Animal Legal & Historical Center houses laws, cases, and scholarly discussions on animal law topics from across the globe. See the different ways to access materials from different countries and regions below. 

Policy
NC - Hotels - § 72-7.1. Admittance of pets to hotel rooms N.C.G.S.A. § 72-7.1 N.C.G.S.A. § 72-7.1, NC ST § 72-7.1 This North Carolina laws states that innkeepers may permit pets in rooms used for sleeping purposes and in adjoining rooms. Persons bringing pets into a room in which they are not permitted are in violation of this section and punishable according to subsection (d). All sleeping rooms in which the innkeeper permits pets must contain a sign posted in a prominent place in the room stating that pets are permitted in the room. Statute
State v. Chilinski 330 P.3d 1169 (Mont. 2014) 2014 MT 206, 2014 WL 3842953 (Mont. 2014) After a call reporting the poor health of over 100 dogs at a large Malamute breeding operation and the recruitment of the Humane Society of the United States, including several volunteers, to help execute a warrant, defendant was charged with one misdemeanor count of cruelty to animals and 91 counts of felony cruelty to animals pursuant to § 45–8–211, MCA. Defendant was convicted by a jury of 91 counts of animal cruelty and sentenced to the Department of Corrections for a total of 30 years with 25 years suspended. A prohibition from possessing any animals while on probation was also imposed on the defendant, as well as an order to forfeit every seized dog and all puppies born after the execution of the warrant. On appeal to the Supreme Court of Montana, defendant argued the District Court erred in denying his motion to suppress the evidence obtained from the search on Fourth Amendment grounds. The Supreme Court held, however, that the search warrant authorizing seizure of “any and all dogs” and “any and all records pertaining to dogs” was not impermissibly overbroad; that the participation by civilian volunteers and Humane Society personnel in execution the warrant was not prohibited by the Fourth Amendment or the Montana Constitution; and that the use of civilian volunteers to assist in execution of search did not violate defendant's right to privacy. The Supreme Court therefore held that the lower court did not err in denying the motion to suppress the evidence. Next, the defendant argued that the District Court abused its discretion when it improperly determined that the results of an investigation of his kennels in 2009 were irrelevant pursuant to M.R. Evid. 403. The court, however, agreed with the District Court, despite defendant's claim that 2009 inspection would show that the poor conditions of the kennels and the dogs in 2011 were justified due to economic hardship and health issues. Finally, defendant argued that the District Court was not authorized to order forfeiture of the defendant’s dogs that were not identified as victims of animal cruelty. The Supreme Court, however, held that the statute authorizing forfeiture of “any animal affected” as part of sentence for animal cruelty did not limit forfeiture of defendant's dogs to only those that served as basis for underlying charges, nor did it implicate the defendant's right to jury trial under the Apprendi case. The Supreme Court therefore held that the District Court did not abuse its discretion in requiring the defendant to forfeit all of his dogs. The lower court’s decision was affirmed. Case
US - AWA - 1966 Public Law 89-544 1966 PL 89-544

As stated in Senate Report No. 1280 there were three main purposes for the proposed law in 1966: (1) to protect the owners of pet dogs and cats from the theft of their pets; (2) to prevent the use or sale of stolen dogs or cats for purposes of research or experimentation; and (3) to establish humane standards for the treatment of dogs, cats, and certain other animals by animal dealers and research facilities.

Statute
Bogart v. Chapell 396 F.3d 548 (4th Cir., 2005)

A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. 

Case
Alternatives Research & Development Foundation v. Glickman 101 F.Supp.2d 7 (D.D.C.,2000)

In this case, the plaintiffs, a non-profit organization, a private firm and an individual, alleged that the defendants, the USDA and APHIS violated the mandate of the Animal Welfare Act (AWA) by promulgating regulations that exclude birds, mice and rats from the definition of “animal” under the Act. Defendants moved to dismiss, arguing that all three plaintiffs lack standing to bring suit. Defendants also moved to dismiss on the grounds that the exclusion of the three species is within the agency's Congressionally delegated discretion, not subject to judicial review. The court denied defendant's motion, holding that based on Lujan , defendants challenge to standing failed. Further, the AWA does not grant the USDA "unreviewable discretion" to determine what animals are covered under the AWA.

Case
IN - Cattle Slaughter - TAMIL NADU ANIMAL PRESERVATION ACT, 1958 10 of 1958 The law, specific to the South Indian state of Tamil Nadu, prohibits the slaughter of bulls, bullocks, cows, calves, male and female buffaloes and buffalo calves without a certificate from the competent authority. The certificate shall be granted if the animal is over ten years old and is unfit for work or breeding, or if it has been permanently incapacitated for work. The Act also criminalizes injuring an animal in order to make it fit for slaughter. Statute
England - Puppy and Kitten Sales - The Animal Welfare (Licensing of Activities Involving Animals) (England) (Amendment) Regulations 2019 2019 No. 1093 Comes into force 6 April 2020: Known as 'Lucy's Law.' These amendments to the licensing Regulations prevent the sale of puppies and kittens by third party sellers - such as a pet shop or commercial dealer - unless they have bred the animal themselves. Anyone looking to buy or adopt a puppy or kitten under 6 months old must deal directly with the breeder or animal re homing center. Statute

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