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Title Citation Alternate Citation Summary Type
ANIMAL LEGAL DEFENSE FUND, ANIMAL WELFARE INSTITUTE, COMPLAINT FOR VALERIE BUCHANAN, JANE GARRISON, AND NANCY MEGNA DECLARATORY This action concerns a lawsuit filed by the Animal Legal Defense Fund (ALDF), et al, over the lack of action by the federal agency, the Animal & Plant Health Inspection Service (APHIS) to adopt a policy on what constitutes appropriate conditions for primates in federally licensed or registered facilities. Specifically, the complaint alleges that the failure of the Animal and Plant Health Inspection Service (APHIS) of the United State Department of Agriculture to make a final decision concerning the defendants' proposed “Policy On Environment Enhancement For Nonhuman Primates.” See 64 Fed. Reg. 38,145 (July 15, 1999) (Policy). APHIS determined at least seven years ago that APHIS enforcement officials and the regulated community urgently need such a policy to insure that primates are housed in “physical environments adequate to promote the[ir] psychological well-being,” as required by the Animal Welfare Act (AWA). 7 U.S.C. § 2143. By failing to make a final decision on the proposed Policy, defendants are violating the Animal Welfare Act, 7 U.S.C. § 2143, and are unreasonably delaying and/or unlawfully withholding agency action in violation of the Administrative Procedure Act, 5 U.S.C. § 706(1). Pleading
CA - Lost Property - Lost and Unclaimed Property West's Ann. Cal. Civ. Code § 2080 - 2082 CA CIVIL § 2080 - 2082 This statutory section comprises California's lost property laws. Statute
Dehart v. Town of Austin 39 F.3d 718 (7th Cir. 1994) 1994 U.S. App. LEXIS 30106

The breeder was in the business of buying, breeding, raising, and selling of exotic and wild animals. The town passed an ordinance making it unlawful to keep certain wild animals, and the breeder filed suit challenging the constitutionality of a local ordinance.  On appeal, the court affirmed the grant of summary judgment in favor of the town because: (1) the ordinance was not preempted by the Animal Welfare Act; (2) the ordinance was not an impermissible attempt to regulate interstate commerce in violation of the Commerce Clause; and (3) the town did not deprive him of his property interest in his federal and state licenses without due process.

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
UK - Wildlife - Conservation of Habitats and Species Regulations 2017 2017 No. 1012 These Regulations consolidated the Conservation of Habitats and Species Regulations 2010, and made minor modifications. Part 3, regulation 43 makes it an offence (subject to exceptions) to deliberately capture, kill or disturb certain wild animals or to trade in them. Regulation 45 prohibits the use of certain methods of capturing or killing wild animals. Statute
WY - Hunting - Article 4. Miscellaneous Acts Prohibited (hunter harassment) W. S. 1977 §§ 23-3-401 to 407 WY ST §§ 23-3-401 to 407 This section of Wyoming laws relates to miscellaneous prohibited hunting acts. Included is the state's hunter harassment law, which provides that no person shall with the intent to prevent or hinder the lawful taking of any wildlife. Violation is a "low misdemeanor." Article 4 also includes a 2009 law that prohibits remote hunting that allows a person not physically present to remotely control a weapon to kill wildlife. Statute
AU - Companion Animals - Domestic Animals Act 1994 (VIC) Domestic Animals Act 1994 - No. 81 of 1994 The purpose of the Domestic Animals Act is to promote animal welfare, responsible pet ownership and to protect the environment. The legislation provides for cat and dog identification and enables Municipal Councils to deal effectively with feral, straying and nuisance populations. Statute
ID - Idaho Falls - Title 1: General Provisions & Title 5: Criminal Code (Chapter 9: Animals) City Code of the City of Idaho Falls §§ 1-3-5, 5-1-3, 5-9-3 to 5-9-4

In Idaho Falls, Idaho, any person who causes an animal to fight for amusement, or for gain, or to worry or injure each other; and any person who permits the same to be done on any premises under his charge or control; and any person who aids, abets or is present as a spectator is guilty of a misdemeanor. Additionally, any person who owns, possesses, keeps or trains any bird or animal, with the intent that such bird or animal engage in an exhibition of fighting, or any person who is present at any place, building or tenement, where preparations are being made for an exhibition of fighting of birds or animals, with the intent to be present at such exhibition, is guilty of a misdemeanor. Any person violating these provisions may be punished by imprisonment for a term not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both.

Local Ordinance
Mahtani v. Wyeth Not Reported in F.Supp.2d, 2011 WL 2609857 (D.N.J.)

After some plaintiffs alleged their dogs suffered harmed as a result of using a tick and flea treatment medication, while others alleged the product was ineffective, plaintiffs sought to gain class certification in their lawsuit against a pharmaceutical company. Since the district court found that individual inquiry into questions of fact predominated over inquiry into facts common to class members regarding the plaintiffs’ New Jersey Consumer Fraud Act, Unjust Enrichment and Breach of Warranty claims, the plaintiff’s motion for class certification was denied.

Case
Lujan v. Defenders of Wildlife 504 U.S. 555 (1992)

Respondents filed suit challenging the new regulation under the ESA that limited the jurisdiction to the U.S. and the high seas.  While the case, was remanded the central issue to this case was whether respondents had standing to challenge the ruling.

Case

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