Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| New Hampshire Ins. Co. v. Farmer Boy AG, Inc. | Not Reported in F.Supp.2d, 2000 WL 33125128 (S.D.Ind.) |
Lightning struck a hog breeding facility, which disabled the ventilation system and killed pregnant sows. Plaintiff Insurance Company sued defendant for damages. The Court held that evidence of damages relating to the lost litters and subsequent generations was excluded because damages for future unborn litters are not recoverable when damages are recovered for the injury to or destruction of the pregnant sows. |
Case | |||||||||
| Brockett v. Abbe | 206 A.2d 447 (Conn.Cir.A.D. 1964) | 206 A.2d 447 |
Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow. The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated. |
Case | ||||||||
| Indiana v. Massachusetts | 202 L. Ed. 2d 564, 139 S. Ct. 859 (2019) | 139 S.Ct. 859 (Mem) (U.S.,2019) | A coalition of multiple states filed a lawsuit against Massachusetts in the U.S. Supreme Court. Thirteen states, Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin, filed suit against the state of Massachusetts in response to the animal welfare laws created by Massachusetts Question 3. The states claimed to have direct standing to challenge the Massachusetts law because state agencies and instrumentalities own and operate farms that are subject to the Massachusetts law and wish to continue to sell products to other states, including Massachusetts. The states also claimed parens patriae standing on behalf of farmers and consumers within their borders that would be affected by the Massachusetts law. The plaintiff states filed suit in the U.S. Supreme Court requesting that the Court declare the Massachusetts law unconstitutional. The Court denied the motion for leave to file a bill of complaint because hearing the case would not be an appropriate use of the Court’s original jurisdiction. The Court stated that, in order to resolve plaintiff’s challenge and address the issues of standing and the merits of the case, the Court would need to resolve complex factual disputes. The Court reasoned that such disputes are better suited to resolution in federal district court, not the U.S. Supreme Court. | Case | ||||||||
| NM - Licenses - Chapter 77. Animals and Livestock. | N. M. S. A. 1978, § 77-1-15.1 | NM ST § 77-1-15.1 | This New Mexico statute provides that every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. License fees shall be fixed by the responsible municipality or county. Further, pursuant to this statute, every municipality and each county shall provide for the impoundment of rabies-suspect animals. | Statute | ||||||||
| Derecho Animal Volume 12 Núm 2 |
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Policy | ||||||||||
| ME - Fish and Wildlife Management Research - Chapter 925. Fish and Wildlife Management and Research | 12 M. R. S. A. § 12701 to 12708 | ME ST T. 12 § 12701 to 12708 | The following statutes give the Maine Commissioner of Inland Fisheries and Wildlife the authority to make regulations for hunting, fishing, trapping or other public use of any wildlife management area or wildlife sanctuary. These statutes also provide civil and criminal penalties for violating the rules regulating state-owned wildlife management areas, state game farms, and scientific permits, while also detailing prohibited activity in wildlife sanctuaries. Additionally, these statutes also reveal the wildlife management areas and wildlife sanctuaries that are under the commissioner's authority. | Statute | ||||||||
| IL - Exotic pets - Act 68. Herptiles-Herps Act | 510 ILCS 68/1-1 to 510 ILCS 68/110–5 | IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 | Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act. | Statute | ||||||||
| Pearson v. U.S. Dept. of Agriculture | Slip Copy, 2011 WL 559083 (C.A.6,2011) |
Petitioner seeks review of the decision and order of the Secretary of the USDA, terminating his license to own and exhibit wild animals (82 lions, tigers, and bears), issuing a cease and desist order, and imposing civil sanctions in the amount of $93,975 in violation of the AWA. In 2006, inspection showed 280 incidents of non-compliance. On appeal, the Sixth Circuit first held that there was no abuse of discretion in failing to grant the continuance after a fire at Petitioner's home because he is unable to resulting establish prejudice. Further, the Court discounted Petitioner's challenge that the revocation of his license was not supported where the court found the evidence "substantial, perhaps overwhelming." |
Case | |||||||||
| Slavin v. United States | 2005 WL 742707 (8th Cir. 2005) |
An Arkansas woman who raises gamefowl brought an action challenging the constitutionality of the Animal Welfare Act which prohibits the interstate transportation of birds for the purposes of fighting. The trial court dismissed the woman's claim and the Court of Appeals affirmed holding the statute is not vague. |
Case | |||||||||
| US - Assistance animals, housing - Part 8. Nondiscrimination Based on Handicap | 24 C.F.R. § 8.1 to .6 | The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development. | Administrative |