Results
Displaying 141 - 150 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| State v. Gerard | 832 N.W.2d 314 (Minn.App.,2013) | 2013 WL 3155477 (Minn.App.,2013) |
This case considers whether the trial court erred when it dismissed the felony count of unjustifiably killing an animal based on lack of probable cause. The incident stems from the killing of the neighbors' cat with a shotgun by defendant-respondent. At trial, he filed a motion to dismiss for lack of probable cause that was accompanied by a notarized affidavit of the responding police deputy stating the shooting of the cat was "justified." The trial court dismissed the complaint finding insufficient evidence that respondent had unjustifiably killed the cat. On appeal, the court found the district court's reliance on the deputy's lay opinion was improper. The court found it was within the jury's province to determine whether respondent's actions were justified or unjustified based on the evidence at trial. |
Case | |
| Humane Soc. of the U.S. v. Hodel | 840 F.2d 45 (C.A.D.C.,1988) | 268 U.S.App.D.C. 165, 18 Envtl. L. Rep. 20,636 (C.A.D.C.,1988) |
In this appeal, the Humane Society of the United States (HSUS) challenged a series of actions by the Fish and Wildlife Service to allow hunting on some of America's national wildlife refuges. The District Court held that HSUS failed to satisfy the Supreme Court's requirements for associational standing because the 'recreational' interest of Society members was not germane to the group's self-described mission of insuring the humane treatment of animals and other wildlife. The Court of Appeals reversed the district court's finding that the Humane Society had no standing to challenge the hunt openings, and remanded the action to allow HSUS to pursue its challenge to the introduction of hunting. This Court did affirm the district court's finding on the merits that the Wildlife Service complied with NEPA when it permitted hunting at the Chincoteague preserve. Affirmed in part and reversed in part. |
Case | |
| IN - Cattle Slaughter - MAHARASHTRA ANIMAL PRESERVATION (AMENDMENT) ACT, 1995 | The Act amends the Maharashtra Animal Preservation Act, 1976. While the 1976 Act prohibited the slaughter of cows, the Amendment additionally prohibits the slaughter of bulls and bullocks. | Statute | |||
| VA - Research Animals - § 32.1-162.32. Definitions | VA Code Ann. § 32.1-162.32 | This 2018 law states that no funds appropriated, granted, or awarded by the Commonwealth shall be used by any person or entity, public or private, to directly fund medically unnecessary research classified under pain and distress category E by the U.S. Department of Agriculture on animal subjects. “Medically unnecessary” means not carried out solely for the better health, welfare, or safety of the animal subject. | Statute | ||
| FL - Ordinances - Interpretation of Dog Ordinances under Dangerous Dogs | West's F. S. A. § 767.07 | FL ST § 767.07 | This Florida statute provides that the statutory section relating to state regulation of dangerous dogs is supplemental to all other state laws affecting dogs and shall not be construed to modify those laws or to prevent municipalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance. | Statute | |
| AKERS v. SELLERS | 54 N.E.2d 779 (Ind.App.1944) | 114 Ind.App. 660 (1944) |
This Indiana case involves an action in replevin by John W. Akers against his former wife, Stella Sellers. The controversy at issue was ownership and possession of a Boston bull terrier dog. At the time of the divorce decree, the dog was not part of the property division and was instead left at the marriage domicile in custody of the former wife. Appellant-Akers claimed that legal title and the dog's best interests rested with him and unsuccessfully brought a suit in replevin in the lower court. On appeal, this Court held that there was no sufficient evidence to overturn the lower court's determination. The judgment was affirmed.
|
Case | |
| US - Dogs at Large - Chapter X. Presidio Trust. Part 1002. Resource Protection, Public Use and Recreation. § 1002.15 Pets. | 63 FR 35697, June 30, 1998 | 36 C.F.R. § 1002.15 | This rule sets outs the prohibitions for pets in the Presidio Trust. | Administrative | |
| IN RE: JAMES AND JULIA STUEKERJUERGEN, D/B/A CORNER VIEW KENNELS. | 44 Agric. Dec. 186 (1985) | 1985 WL 62918 (U.S.D.A.) | Dog broker shipping dogs under 8 weeks old was assessed civil penalty of $7,000 and license as dealer under Animal Welfare Act was suspended for 35 days, since broker was one of largest dog brokers in state, 8-week minimum age requirement was based on finding that ability of dogs to function in adult environment was adversely affected if shipped under that age, violations were serious and flagrant in view of large number of puppies shipped on 10 different occasions during 2-month period, and broker had violated Act and standards on prior occasion resulting in 12 day license suspension. | Case | |
| Estis v. Mills | 318 So. 3d 449 (La. App. 2 Cir. 4/14/21) | 53,852 (La. App. 2 Cir. 4/14/21) | The Estis' sued the Mills for the wrongful killing and disposal of the Appellants’ German Shepherd. On appeal, the Appellants argue that the district court erred in permitting the Appellees to amend their original answer to now include an affirmative defense of immunity pursuant to La. R.S. 3:2654, which would relieve the Appellees of liability. Further, the Appellants contend that the district court erred in granting the Appellees’ motion for summary judgment, asserting that there remain genuine issues of material fact, and notwithstanding liability for the death of the dog, the court erred in dismissing the Appellees’ claim for conversion. The parties were neighbors whose property was separated by an enclosed pasture where the Mills used to keep horses. Despite requests from Mills, the Estis' dogs would enter the pasture and harass the horses. In 2017, Mills discovered the dog yet again in the pasture with the horses, so Mr. Mills shot, killed, and disposed of the dog. Subsequently, the Estis family filed suit seeking damages for the intentional killing of the dog and disposing of the dog in a bayou approximately ten miles away. The lower court granted a motion in favor of the Mills agreeing that they had immunity from suit under La. R.S. 3:2654.1. On appeal to this court, the Estises argue that the Mills waived the immunity under the statute because they failed to affirmatively plead the defense in their answer to the pleadings. This court found that immunity had not been affirmative pled as required by statute. Consequently, the Mills received permission to amend their answer and plead the immunity provision. Following granting of the Mills' second motion for summary judgment based on the immunity statute, the Estises appeal that decision. As to Estis' argument that leave to amend the answer was erroneously granted, this court first noted that determination whether to allow pleadings to be amended is discretionary and will not be reversed absent an abuse of discretion. The court found no evidence that there was bad faith in the decision to the amend the pleadings like delay. Further, there was no demonstration of prejudice from the granting of an amended answer. As to Estis' claim that summary judgment was erroneously granted, the court discussed a photograph that was submitted in evidence support showing a horse grazing with its back presented "indifferently" to the dog. The Mills countered with the evidence of an independent eyewitness to the incident who asserted that the dog harassed the horses. The court noted that issues of the credibility of evidence have no place in a summary judgment appeal. As a result, this court found that the lower court judge's statements that, in effect, weighed the credibility of the photograph versus the testimony of the witness were inappropriate. Thus, the lower court erred in granting the motion for summary judgment. Finally, the court evaluated Estis' conversion claims for the disposal of the dog's dead body. This court said that, [i]f the court finds that the killing of the dog falls under La. R.S. 3:2654, then the claim for conversion of the dog's body does not survive. However, if there were personal items on the dog at the time of the killing, such as a tracking collar or items of other value, then a conversion claim can be made for those items. If the court determines that the immunity statute does not apply, then the claim for conversion and any other applicable damages may apply." Thus, the trial court's judgment to allow the motion to amend the pleadings was affirmed, the granting of the summary judgment was reversed, and the dismissal of Estis' claims for conversion was reversed and remanded for further proceedings. | Case | |
| CT - Transport, poultry - § 53-249. Cruelty to poultry | C. G. S. A. § 53-249 | CT ST § 53-249 | This statute makes it illegal to transport poultry in any manner that is not sanitary, warm, and ventilated. Poultry must receive "reasonable care" to "prevent unnecessary suffering." Violation of this provision is a class D misdemeanor. | Statute |