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Title Citation Alternate Citation Summary Type
Lockett v. Hill 51 P.3d 5 (Or.App.,2002) 182 Or.App. 377 (Or.App.,2002)

In this Oregon case, plaintiff sued defendant after defendant's pit bulls mauled plaintiff's cat to death while they were running loose on plaintiff's property. The trial court found that defendant was negligent and awarded plaintiffs $1,000 in compensatory damages but denied plaintiffs' claims for negligent infliction of emotional distress and loss of companionship. Plaintiff sought appeal of the trial court's denial of damages for negligent infliction of emotional distress (NIED) and loss of companionship. The appellate court affirmed, holding that the cat owner was not entitled to recover damages for emotional distress.

Case
UT - Impound - Chapter 46. Animal Welfare Act. Part 1. General Provisions U.C.A. 1953 § 11-46-101 - 104 UT ST § 11-46-101 - 104 Under this act, animal control officers must hold stray animals in safe and humane custody for a minimum of 5 business days prior to making any final disposition of the animal. A stray animal may be euthanized prior to the completion of the 5-day period to prevent unnecessary suffering due to serious injury or disease. Statute
NY - Fur - Chapter 20. Of the Consolidated Laws. McKinney's General Business Law § 399-aaa NY GEN BUS § 399-aaa Makes it illegal for any person, firm, partnership or corporation to knowingly import, sell at retail or manufacture clothing with fur which is not properly labeled as containing "faux fur" or "real fur." Defines appropriate labeling by adding the appropriate description to the permanent tag attached to the clothing, a temporary tag to identify the clothing, or by affixing a sticker with the description in a conspicuous place on the clothing. Sets the maximum punishment to not exceed a $500 fine for the first violation and not to exceed $1000 for each subsequent violation. Statute
People v. Flores 216 Cal. App. 4th 251, 156 Cal. Rptr. 3d 648 (Cal.App. 1 Dist.), review denied (Aug. 21, 2013) 13 Cal. Daily Op. Serv. 4775; 2013 WL 1944000 (Cal.App. 1 Dist.)

Defendant Flores appeals his conviction under Penal Code section 399 for allowing a " mischievous animal" owned by him to cause serious injury to another person. In this case, defendant's pit bull dog, "Blue,"attacked defendant's almost 90-year old neighbor on his own property causing deep injuries to his leg. Blue had been previously involved in three other incidents where he either tried to attack other dogs or acted aggressively toward other humans. As a result of these incidents, Sonoma County officials issued defendant a issued a potentially dangerous animal warning. On appeal, defendant argued that there was insufficient evidence that he acted without ordinary care in keeping his dog and that the victim-neighbor did not suffer a serious injury as defined by statute. The court found both of these arguments without merit. While defendant suggested that he acted with "ordinary care" by keeping the dog tethered and chained outside on the day of the incident, the court found the evidence showed Blue had broken free in the past and had "massive strength." Further, even though the potentially dangerous dog designation by the county did not mandate that Blue be kept inside or in a secure enclosure, the ordinance language provides this requirement. Leaving a dog with a history of unprovoked attacks chained next to a public sidewalk in a residential neighborhood supported the jury's conclusion that defendant did not act as reasonably careful person would in the same situation. As to the serious bodily injury claim, the court noted that although the law does not define the term, there was substantial medical evidence to support the jury's determination. Affirmed.

Case
State v. Smith 223 P.3d 1262 (Wash.App. Div. 2, 2009) 2009 WL 5108382 (Wash.App. Div. 2)

In this Washington case, defendant Smith appealed his conviction for first degree animal cruelty following the death of his llama. Smith claims he received ineffective assistance of counsel when his attorney failed to (1) discover information before trial that may have explained the llama's death and (2) seek a lesser included instruction on second degree animal cruelty. This court agreed. It found that defense counsel's "all or nothing strategy" was not a legitimate trial tactic and constituted deficient performance where counsel presented evidence to call into question the State's theory on starvation, but not evidence related to the entire crime. The court found that the jury was "left in an arduous position: to either convict Smith of first degree animal cruelty or to let him go free despite evidence of some culpable behavior." The case was reversed and remanded.

Case
Animal Welfare Institute v. Martin 623 F.3d 19 (C.A.1 (Me.), 2010). 2010 WL 4104633 (C.A.1 (Me.)).

Animal welfare organizations sued the State of Maine under the Endangered Species Act (ESA) to stop the authorization of trapping activity that affected Canada lynx. The Court of Appeals held that such organizations had standing to sue, but that the District Court did not err in its refusal to grant a permanent injunction banning foothold traps or other relief.

Case
People v. Tohom 969 N.Y.S.2d 123 (N.Y.A.D. 2 Dept.,2013) 109 A.D.3d 253; 2013 WL 3455673 (N.Y.A.D. 2 Dept.); 2013 N.Y. Slip Op. 05234

This case, as a matter of first impression, considers whether a trial court was authorized to allow a "therapeutic comfort dog" to be present on witness stand for a 15-year-old-girl who was the victim in a predatory sexual assault and child endangerment case. Prosecutors sought to allow a Golden Retriever named Rose to accompany the child on the witness stand while she testified at the defendant’s trial. Prosecutors cited Criminal Procedure Law provisions regarding special witnesses and pointed to Executive Law §642-a, which allows a person supportive of a special witness to be “present and accessible” during testimony by such a witness. On appeal, defendant again argued that the dog would prejudice the jury against the defendant and would convey to the jury that the witness was under stress as a result of testifying and that this stress resulted from telling the truth. In finding that the comfort dog did not violate defendant's right to a fair trial, the appellate court agreed that the trial court's interpretation of Executive Law § 642-a "special witness" provision was correct. Further, the defendant failed to show that the dog Rose's presence was inherently prejudicial.

Case
England - Fur - The Mink Keeping (Prohibition) (England) Order 2004 2004 No. 100 An Order imposing an absolute prohibition upon the keeping of mink in England. Statute
RI - Veterinary - Chapter 25. Veterinary Practice Gen. Laws, 1956 § 5-25-1 to 17 RI ST § 5-25-1 to 17 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute
NC - Dangerous Dogs - Chapter 67. Dogs N.C.G.S.A. § 67-14.1 NC ST § 67-14.1 This North Carolina statute provides that any dog which trails, runs, injures or kills any deer or bear on any wildlife refuge, sanctuary or management area designated by the Wildlife Resources Commission, during the closed season for hunting with dogs on such refuge or management area, is hereby declared to be a public nuisance, and any wildlife protector may destroy it by humane method. Any unmuzzled dog running at large in such area shall be impounded and notice shall be published in some newspaper published in the county for two successive weeks. If no owner comes to claim the dog, it may be destroyed within 15 days after publication. Statute

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