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Displaying 101 - 110 of 6638
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Am. Soc'y for the Prevention of Cruelty to Animals v. Animal & Plant Health Inspection Serv. | 60 F.4th 16 (2d Cir. 2023) | In 2019, Plaintiff-Appellant the American Society for the Prevention of Cruelty to Animals (“ASPCA”) sued Defendants-Appellees the U.S. Department of Agriculture and the Animal and Plant Health Inspection Service (“APHIS”) alleging that APHIS followed a "policy or practice" of violating FOIA for failing to comply with requests for records related to the agency response to maintenance of animal welfare standards and licensing of animal dealers/exhibitors. This suit was prompted by APHIS' 2017 decommissioning of two public databases that allow users (including the ASPCA) to access records on commercial breeding facilities including inspection reports and photographs. APHIS contends that there was not a policy or practice that violated FOIA because it was corrected as the result of an intervening act of Congress, specifically, the Consolidated Appropriations Act of 2020. In April of 2020, APHIS moved for summary judgment on the pleadings arguing that ASPCA failed to state a policy or practice claim related to the decommissioned databases and that it makes every effort to respond to FOIA requests within the statutory timeframe. The district court granted the motion for summary judgment on the pleadings, finding that while the decommissioning of the databases did indeed impair the ability of the ASPCA to receive prompt FOIA requests, ASPCA did not establish that the court must intervene to correct such a policy or practice and Congress already acted to correct the breakdown through the appropriations bill. On ASPCA's timely appeal here, the Second Circuit agreed with the district court that the Consolidated Appropriations Act of 2020 reversed the records access problems. While the ASPCA contended that there were certain records like photographs that were removed from the database, there is nothing in the complaint to suggest that such record requests would not be processed in the future. In essence, this court agreed that the intervening act of Congress by the change in law corrected the action. Thus, a broad order by the court mandating changes to the FOIA process would amount to an unlawful advisory opinion because there is no policy or practice currently occurring by APHIS. The district court's judgment was affirmed. | Case | |
| MI - Food animal - § 750.477a Sale of unlabelled horse and dog meat | M.C.L.A. 750.477a | Mich. Comp. Laws Ann. § 750.477a (West) | This Michigan statute makes it a misdemeanor for an individual to knowingly sell any horse or dog meat unless it is plainly labelled. | Statute |
| FL - Liens - 713.65. Liens for care and maintenance of animals | West's F.S.A. § 713.50, 65, 655 | FL ST § 713.50, 65, 655 | These Florida laws concern liens for the care and maintenance of animals. The first section declares that the liens mentioned in the chapter include the described personal property under the circumstances mentioned in each section. Section 713.65 then describes that a lien exists in favor of all persons for the "feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal." Based on the broad language of "other animal," a lien exists for the care and feeding of all owned animals. | Statute |
| Pennsylvania Statute Law 1920: Article 14: Criminal Law | 14 Pa. Stat. §§ 7700-7783 (1920) | Pennsylvania laws concerning the criminal punishment for cruelty to animals from 1921. The laws cover such topics as transportation of an animal to the powers of an agent from any anti-Cruelty society. | Statute | |
| Ocean Advocates v. United States Army Corps of Engineers | 402 F.3d 846 (9th Cir., 2005) | 2005 WL 525269 (9th Cir.) |
An environmental group brought an action against the U.S. Army Corps Engineers and BP for violating both the National Environmental Policy Act and the Marine Mammal Protection Act. Defendants counter-claimed that the environmental group lacked standing and that the claim was barred by laches. The Court of Appeals affirmed the denial of defendants' motion for summary judgment, reversed summary judgment against the environmental group, and remanded the case for consideration of the environmental group's request for injunctive relief. |
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| Cantore v. Costantine | --- N.Y.S.3d ----, 2023 WL 7560690 (N.Y. App. Div. Nov. 15, 2023) | No. 2022-00077, 622356/19, 2023 N.Y. Slip Op. 05708 (N.Y.A.D. 2 Dept., Nov. 15, 2023) | This is an appeal of a personal injury case brought by plaintiff, the mother of the injured child, against the owners of a dog that caused the injury and the owners of the restaurant where the injury occurred. The injury took place at a dog-friendly restaurant both parties were dining at, where the dog owned by defendants bit a three-year-old infant. Plaintiff alleges that the restaurant owners knew of the dog’s vicious propensities but allowed it on the premises, and are liable along with the owners of the dog for the injuries sustained by her child. Defendant restaurant owners contend that they did not know of the dog’s vicious propensities, and that their restaurant requires that dogs be leashed and the dog was leashed at the time of the bite. Plaintiff argues that, under the Hewitt case, a standard negligence analysis should be used rather than an analysis based on knowledge of vicious propensities. Plaintiffs also argue defendant restaurant owners owed a duty of care to their customers, which was breached by allowing a dangerous dog on the premises. The lower court denied defendants motion for summary judgment because there were unresolved issues of fact as to the restaurant defendants’ duty to their patrons and the foreseeability of the injury. This appeal followed. On appeal, the court reversed the order of the lower court because defendants established that they did not have any knowledge of the vicious propensities of the dog and that they exercised reasonable care through their signage and policies to protect restaurant patrons from the risk of harm that allowing animals on the premises poses. Defendants' motion for summary judgment dismissing the complaint insofar as asserted against them is granted. | Case |
| IN - Cattle Slaughter - THE WEST BENGAL ANIMAL SLAUGHTER CONTROL ACT, 1950 | 22 of 1950 | The law, specific to the state of West Bengal, regulates the slaughter of bulls, bullocks, cows, calves, male and female buffaloes, buffalo calves and castrated buffaloes. Persons may not slaughter these animals without a certificate stating that the animal is over fourteen years of age and unfit for work or breeding, or that the animal has become permanently incapacitated from work or breeding due to age, injury, deformity or incurable disease. Animals under this Act may be slaughtered only in specific places. | Statute | |
| Knaust v. Digesualdo | 589 Fed.Appx. 698 (5th Cir. 2014) | Appellant operated a USDA-licensed exotic animal business in Texas. In February 2010, a United States Department of Agriculture (“USDA”) Animal and Plant Health Inspection Service agent visited the business on a routine inspection and cited Appellant for several USDA regulation violations. After several subsequent inspections, several other violations were discovered and Appellant was presented with a Notice of Intent to Confiscate Animals. The next day, the animals were confiscated. Using Bivens, Appellant argued the agents violated her Fifth Amendment Due Process rights by (1) seizing her property without providing a method for challenging the seizure and (2) not allowing sufficient time to cure the cited violations prior to seizing her property. The district court granted Defendants' motion to dismiss for failure to state a claim. On appeal, the 9th Circuit affirmed the district court’s decision because the Appellant failed to assert factual allegations showing how each defendant, by his or her own individual acts, violated her constitutional rights. | Case | |
| Putnam County Humane Society v. Marjorie Duso d/b/a/ Oakwood Kennels, Putnam County Florida |
The Putnam County (Florida) Humane Society brought an action seeking permanent custody of 41 dogs from Marjorie Duso, the operator of a kennel. The PCHS is a not-for-profit corporation that is devoted to the prevention of cruelty to animals pursuant to Florida law. Under that authority, the PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The Putnam County Court granted the PCHS custody of the dogs (except for Ms. Duso’s personal pet dog, which the PCHS was given the right to check on at least once a month). Further, the court enjoined Ms. Duso from owning, possessing, or breeding dogs except those kept as personal pets. |
Pleading | ||
| People v. Chung | 185 Cal. App. 4th 247 (Cal.App. 2 Dist.), 110 Cal. Rptr. 3d 253 (2010), as modified on denial of reh'g (July 1, 2010) | 2010 WL 2198201 (Cal.App. 2 Dist.), 10 Cal. Daily Op. Serv. 6881, 2010 Daily Journal D.A.R. 8189 |
Defendant appealed the denial of his motion to suppress evidence in an animal cruelty case. Defendant claimed officers violated his Fourth Amendment rights when they entered his residence without a warrant or consent to aid a dog in distress. The Court of Appeals affirmed, holding that the exigent circumstances exception to the warrant requirement applied because officers reasonably believed immediate entry was necessary to aid a dog that was being mistreated. |
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