Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Farm Sanctuary, Inc. v. Department of Food & Agriculture | 74 Cal.Rptr.2d 75 (Cal.App. 2 Dist.,1998.) |
Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid. |
Case | |||||||||
| Rowbotham v. Maher | 658 A.2d 912 (R.I. 1995) |
The plaintiff argues that G.L. 1956 (1987 Reenactment) § 4-13-16 permits recovery for indirect injuries, specifically including emotional trauma resulting from the destruction of property, in this instance the destruction of plaintiff's dog by two other dogs. The court disagrees, finding that under § 4-13-16, a person may recover damages in a civil action from a dog owner where the dog causes an injury to a person or to another domestic animal, and nothing in the statute permits recovery for emotional trauma. With regard to the negligent infliction of emotional distress claim, the court notes that in this jurisdiction a third party may recover if, inter alia, the party is a close relative of the victim, which was not the case here. |
Case | |||||||||
| Derecho Animal Volume 5 Núm 4 |
|
Policy | ||||||||||
| State Map of Interference with Assistance Animal Laws | As of 2022, 47 states have laws that protect assistance animals from criminal interference, theft, and assault. Only Alaska, Iowa, and Montana do not. | State map | ||||||||||
| GA - Wildlife rehabilitation - Chapter 2. Licenses, Permits, and Stamps Generally | Ga. Code Ann., § 27-2-22 | GA ST § 27-2-22 | This Georgia law makes it unlawful for any person to keep sick or injured wildlife without first obtain a wildlife rehabilitation permit from the state department. | Statute | ||||||||
| CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. | West's Ann. Cal. Fish & G. Code § 2116 - 2203 | CA FISH & G § 2116 - 2203 | The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals. It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. The act defines "wild animal" and classifies them by species. Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned. | Statute | ||||||||
| GOODWIN v. E. B. NELSON GROCERY CO. | 132 N.E. 51 (Mass. 1921) | 239 Mass. 232 (1921) |
Plaintiff brought her dog into a store. The dog fought with the store owner's cat. After the fight was over, and the animals were calm, plaintiff reached down and grabbed the cat's front paw. The cat scratched and bit plaintiff, who brought a negligence action against the store owner. The court held that plaintiff could not recover because plaintiff did not exercise due care when she interfered with a strange animal, and there was no evidence that the cat was vicious. |
Case | ||||||||
| People v. Beauvil | 2008 WL 2685893; 872 N.Y.S.2d 692 (Table), (N.Y.Just.Ct.,2008) | 20 Misc.3d 1116(A); 2008 WL 2685893; 2008 N.Y. Slip Op. 51370(U) |
This New York case came before this Court after the District Attorney refused to prosecute the case. The complaintant alleged that on April 16, 2008, he was walking down a public sidewalk when a loose dog, later identified as belonging to the defendants, ran up to and bit the complainant on the hand. Police were contacted and a complaint was made to the Village of Westbury Attorney who then advised the complainant to file a formal complaint with the Nassau County District Attorney's office. The District Attorney's office declined to prosecute and instead suggested that the Village handle the matter. This Court held that it has no jurisdiction to hear the misdemeanor charge stemming from the violation of Agriculture & Markets Law § 121 (but then did list the other avenues available for the complaintant). This Court, sua sponte, also held that the Agriculture & Markets Law § 121, as applied to Nassau County Village Justice Courts, is unconstitutional. This was due to the fact that Village Courts have no jurisdiction (or ability, as pointed out by the court) to hear misdemeanors. |
Case | ||||||||
| US - Whales - Proposed Threatened Status for Southern Resident Killer Whales | FR Doc. 04-27929 |
We, the NMFS, have completed an update on the status review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act (ESA). Based on the review of the best available scientific and commercial information, including new data, published papers, and workshop reports available since the review in 2002, we are proposing to list the Southern Resident killer whales as threatened because these killer whales constitute a distinct population segment (DPS) under the ESA and are likely to become endangered in the foreseeable future throughout all or a significant portion of their range. We are not proposing to designate critical habitat at this time, but are requesting public comments on the issues pertaining to this proposed rule. |
Administrative | |||||||||
| KY - Domestic Violence - 403.740 Domestic violence order; restrictions | KRS § 403.720, 403.740 | KY ST § 403.720, 403.740 | In 2022, Kentucky amended its laws related to domestic violence protection orders to include domestic animals. "Domestic animal" is defined as a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes. The definition of "domestic violence" was expanded to include "[a]ny conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal." Following a hearing, a court may issue a domestic violence order that awards possession of any shared domestic animal to the petitioner. | Statute |