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Title Citation Alternate Citation Summary Type
Revista Brasileira de Direito Animal Volume 17

TABLE OF CONTENTS

EDITORIAL /FOREWORDS

Heron Santana Gordilho ……………………………………………….9

Doutrina Internacional/International Articles

Policy
CA - Disaster - § 8608. California Animal Response Emergency System (CARES) program; West's Ann. Cal. Gov. Code § 8588.5, § 8608 CA GOVT § 8588.5, § 8608 The California Emergency Management Agency is directed to approve, adopt, and incorporate the California Animal Response Emergency System (CARES) program into the standardized emergency management system. Statute
McElroy v. Carter Not Reported in S.W.3d, 2006 WL 2805141 (Tenn.Ct.App.)

In this Tennessee case, a man shot and wounded a cat owned by his neighbor as the animal exited from the bed of the man's prized pickup truck. The cat died from its wounds shortly thereafter. The neighbor sued for the veterinary bills she incurred for treatment of the cat's injuries. The truck owner counter-sued for the damage the cat allegedly caused to his truck by scratching the paint. After a bench trial, the court awarded the truck's owner $6,500 in damages, which it offset by a $372 award to the neighbor for her veterinary bills. The Court of Appeals reversed that decision finding that as a matter of law the cat's owner cannot be held liable for not keeping her cat confined when the damage the cat allegedly caused was not foreseeable.

Case
Stauber v. Shalala 895 F.Supp. 1178 (W.D.Wis.,1995)

Court found that milk consumers failed to prove that milk gained from rBST-treated cows contains higher levels of antibiotics, tastes different, or differs in any noticeable way from "ordinary" milk. That consumers might demand mandatory labeling was not enough to require labeling; rather, the FDA was required to ensure that products are not misbranded and consumer demand could not require the FDA to forgo this duty.

Case
Levy v. Only Cremations for Pets, Inc. 271 Cal. Rptr. 3d 250 (2020) 57 Cal.App.5th 203 (Cal.App. 4 Dist., 2020) This case was brought by the owners of two dogs that were cremated by a private pet cremation company, who allege the cremation service sent them the ashes of random dogs instead of those of their dogs. Plaintiffs allege breach of contract and several tort claims, including trespass to chattel and negligence. On this appeal, the judgement of the lower court was affirmed in part and reversed in part. The plaintiffs failed to establish an implied contract between them and the pet cremation company, were granted leave to amend their breach of contract complaint against the company, the other actions for breach of implied covenant of good faith and fair dealing were dismissed, and the court found that the plaintiffs adequately stated a claim for negligence. Case
Animal Law in Australia

 

Policy
Department of Game of Wash. v. Puyallup Tribe 94 S.Ct. 330 (1973) 414 U.S. 44 (1973)

The Washington Department of Game and the Department of Fisheries brought action for declaratory judgment that members of the Puyallup Indian tribe were not exempt from application of state fishery conservation measures.  The Supreme Court held that commercial net fishing by Puyallup Indians, for which the Indians have treaty protection, Puyallup Tribe v. Dept. of Game, 391 U.S. 392, 88 S.Ct. 1725, 20 L.Ed.2d 689, forecloses the bar against net fishing of steelhead trout imposed by Washington State Game Department's regulation, which discriminates against the Puyallups, and as long as steelhead fishing is permitted, the regulation must achieve an accommodation between the Puyallups' net-fishing rights and the rights of sports fishermen.

Case
NH - Agricultural Animals - Chapter 435. Animal Care, Breeding and Feed N.H. Rev. Stat. § 435:1 - 435:41 NH ST § 435:1 - 435:41 This New Hampshire chapter concerns the registration of breeding stallions and the proper care, feeding, and shelter of horses. The chapter also includes the New Hampshire Commercial Feed Law of 1971. Within this law are prohibitions on the misbranding or adulteration of commercial feed. The chapter additionally prohibits the feeding of raw garbage to swine. Statute
LA - Research - LSA-R.S. 51:771 LSA-R.S. 51:771 - 777 This Louisiana set of laws, enacted in 2022, makes it unlawful for a manufacturer to sell or offer for sale in this state a cosmetic that utilized cosmetic animal testing during the development or manufacture of the cosmetic, if the cosmetic animal testing was conducted by the manufacturer, any supplier of the manufacturer, or any person or business hired or contracted by the manufacturer. Limited exemptions exist. A manufacturer that sells or offers for sale a cosmetic in violation commits a civil violation punishable by a fine of not more than $1,000 for the first day of each violation and an additional fine of $500 for each day that each violation continues. Statute
SD - Facility dog - 23A-24-10. Certified therapeutic dogs--Definitions S D C L § 23A-24-10 - 12 SD ST § 23A-24-10 - 12 In 2020, South Dakota enacted provisions for the use of "certified therapeutic dogs" for certain witnesses (children or those with developmental disabilities as defined in the law) in criminal proceedings. A certified therapeutic dog is defined as a dog that has received the requisite training or certification and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized. Before using the dog, the party desiring to utilize the presence of a certified therapeutic dog must file a motion containing listed information outside the presence of the jury. A handler may accompany the dog and sit behind or next to the witness stand. Statute

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