Results

Displaying 41 - 50 of 6637
Title Citation Alternate Citation Summary Type
IN RE: RONNIE FAIRCLOTH AND JR's AUTO & PARTS, INC. 52 Agric. Dec. 171 (1993) 1993 WL 151164 (U.S.D.A.) Individual who owned auto parts company, and who kept exotic animals on premises (allegedly as pets), was exhibitor for purposes of Act, even though economic benefit to him from exhibiting animals to public was de minimis, because individual's activities were in commerce. Case
WA - Dangerous Dog - 16.08.090. Dangerous dogs--Requirements for restraint West's RCWA 16.08.090 WA ST 16.08.090 This Washington statute outlines the state and local provisions related to dangerous or potentially dangerous dogs. It first provides that it is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances and nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs. Statute
State v. Overholt 193 P.3d 1100 (Wash. App. Div. 3,2008)

Defendant was convicted of several counts of second degree unlawful hunting of big game after a game agent (“agent”) followed vehicle tracks to Defendant’s home upon finding fresh cow elk gut piles, and Defendant showed the agent two cow elk carcasses hanging in Defendant’s shed.   On appeal, the Court of Appeals of Washington, Division 3 found that because the agent was in fresh pursuit of criminal activity and did not enter Defendant’s property with the intent to obtain consent to search in order to evade a search warrant, the agent was not obligated to issue Ferrier warnings, and that suppressing the seized carcasses from evidence would not have altered the outcome of the case in light of the substantial evidence obtained prior to seizing the carcasses.

Case
CA - Circus - Article 5. Circus Cruelty Prevention Act West's Ann. Cal. Fish & G. Code § 2207 - 2210 CA FISH & G § 2207 - 2210 The California Circus Cruelty Prevention Act, effective in 2020, states that a person shall not sponsor, conduct, or operate a circus in this state that uses any animal other than a domestic dog, domestic cat, or domesticated horse, or exhibit or use any other animals than those animals. The term “circus” means a performance before a live audience in which entertainment consisting of a variety of acts, such as acrobats, aerialists, clowns, jugglers, or stunts, is the primary attraction or principal business, but excludes rodeos. Statute
Schindler v. Mejias 100 A.D.3d 1315 (N.Y.A.D. 3 Dept., 2012) 2012 WL 5950370 (N.Y.A.D. 3 Dept.); 955 N.Y.S.2d 252

This appeal is an appeal of the denial of defendant's motion for summary judgment in a defamation action. Plaintiff, an attorney, brought an action against Hector L. Mejias Jr., an employee of defendant Ulster County Society for the Prevention of Cruelty to Animals, claiming that Mejias falsely accused him of misrepresenting himself as the Ulster County District Attorney during a sworn deposition. The statement occurred during an incident at the SPCA where Plaintiff-Schindler was trying to pick up a dog owned by his client. The particular issue on appeal is whether the supreme court erred in determining that Mejias's supporting deposition constitutes libel per se. The court found that the alleged act was sufficiently egregious because such a claim would suggest professional misconduct on an attorney's part and invites both disciplinary action and damage to an attorney's professional reputation. Further, defendants failed to meet their burden of showing an absence of malice. The order was affirmed.

Case
Derecho Animal Volume 6 Núm 4

Tabla de contenidos

 

Editorial

 

El Derecho Animal en 2015

Teresa Giménez-Candela

PDF

PDF (EN)

Policy
U.S. v. Hetzel 385 F.Supp. 1311 (D. Mo. 1974)

Defendant finds a decaying eagle carcass on a wildlife preserve.  He then removes the legs and talons of the eagle to bring to a Boy Scout function.  The court reverses his conviction (and $1.00 fine) finding that he did not possess the requisite intent.  The court determines that a conviction under the BGEPA demands a specific intent.  For further discussion on intent under the BGEPA see  Detailed Discussion of Eagle Act.

Case
TX - Dangerous - Subchapter D: Dangerous Dogs V. T. C. A., Health & Safety Code § 822.041 - 047 TX HEALTH & S § 822.041 - 047 Chapter 822, Subchapter D addresses dangerous dogs and their treatment, including dog attacks, registration, defenses, violations of the statute. Statute
Com. v. Kneller 971 A.2d 495 (Pa.Super.,2009) 2009 WL 215322 (Pa.Super.), 2009 PA Super 18 Defendant appealed a conviction for criminal conspiracy to commit cruelty to animals after Defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit Defendant’s child.   The Superior Court of Pennsylvania reversed the conviction, finding the relevant animal cruelty statute to be ambiguous, thus requiring the reversal under the rule of lenity.   Concurring and dissenting opinions were filed, in which both agreed that the statute is unambiguous as to whether a dog owner may destroy his or her dog by use of a firearm when that dog has attacked another person, but disagreed as to whether sufficient evidence was offered to show that the dog in fact attacked another person. (See Supreme Court order - Com. v. Kneller, 978 A.2d 716, 2009 WL 5154265 (Pa.,2009)). Case
AL - Restaurant - § 22-20-5.3. Pet dogs permitted in outdoor dining areas Ala.Code 1975 § 22-20-5.3; Ala.Code 1975 § 22-20-5.4 AL ST § 22-20-5.3; § 22-20-5.4 This Alabama law enacted in 2021 states that a pet dog that is under the control of a person shall be permitted in an outdoor dining area of a food service establishment if conditions listed in the law are all met. These include things like the food service facility owner filing a waiver with the State Health Department stating they will adhere to the prescribed rules, a prominent sign that puts the public on notice, a separate entrance for the dogs and owners that does not go through the food establishment, and making sure the pet owners adhere to rules like keeping dogs on leashes or in carriers. Statute

Pages