Results
Displaying 21 - 30 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Dodge v. Durdin | 187 S.W.3d 523 (Tex. App.-Hous. (1 Dist.), 2005) | 2005 WL 3214618 (Tex. App.-Hous. (1 Dist.)) |
Employee brought a negligence action against employer for injuries suffered when administering medicine to an untamed horse. District Court granted summary judgment stating that the plaintiff was considered a "participant" under the Equine Act. Plaintiff appealed. Court of Appeals reversed and remanded the case stating that the Equine Act did not apply because the Act covered consumers, not employees. |
Case | |
| Bone v. Vill. Club, Inc. | 223 F.Supp. 3d 1203 (M.D. Fla. 2016) | This case dealt with a woman's request to have her emotional-support dog live with her before purchasing land in a mobile home community, known as Brookhaven. Prior to purchasing her lot, the plaintiff allegedly received permission from the president of Brookhaven's board of directors to keep her dog, even though the plaintiff was purchasing a lot in the "no pet" section of Brookhaven. The plaintiff provided the president of the board with the documentation requested, and the president told plaintiff she had been approved by the board to have her dog. Approximately one year after plaintiff purchased her lot, Brookhaven's attorney sent a letter requesting that plaintiff remove her dog, citing Brookhaven's policies disallowing her dog. After several letters sent back and forth between plaintiff's attorney and Brookhaven's attorney concerning requirements of the Fair Housing Act and the party's respective actions, both parties cross-moved for summary judgement. The court held that 1) genuine issue of material fact existed as to whether tenant had an actual disability; 2) landlord was not prejudiced by tenant's untimely disclosure of expert report; 3) genuine issue of material fact existed as to whether landlord constructively denied tenant an accommodation; and 4) genuine issue of material fact existed as to whether landlord retaliated against tenant for requesting a disability accommodation. As a result, all motions for summary judgement were denied. | Case | ||
| OK - Veterinary - Chapter 15. Oklahoma Veterinary Practice Act. | 59 Okl. St. Ann. § 698.1 - 33 | 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 | ||
| MN - Hunting - Chapter 97A. Game and Fish. General Provisions. | M. S. A. § 97A.105 | MN ST § 97A.105 | In Minnesota, there are license requirements for breeding fur-bearing animals, game birds, bear, and mute swans. Fox and mink may not be bought or sold for breeding unless they have been pen-bred for at least two generations. Live beaver may not be transported without a permit. A violation may result in all animals being confiscated. It is not necessary to have a license to purchase live game birds or their eggs if the birds are released, consumed, or processed within one year. | Statute | |
| Department of Local Government and Regional Development v Emanuel Exports Pty Ltd | Western Australia Magistrates Court, 8 February 2008, Magistrate C.P. Crawford |
The central allegation was that the defendants transported the sheep in a way likely to cause unnecessary harm. Magistrate Crawford found that the sheep, some of which died from inanition, suffered distress and harm and that this harm was unnecessary. Proof of actual harm, however, was unnecessary as it only had to be shown that it was likely that the sheep would suffer harm. This required evidence pointing only to the conditions onboard the ship, and voyage plan, as at the first day. The defences of necessity and honest and reasonable belief were both dismissed. |
Case | ||
| Youngstown v. Traylor | 123 Ohio St.3d 132, 914 N.E.2d 1026 (Ohio,2009) | 2009 WL 2634570 (Ohio), 2009 -Ohio- 2971 | Defendant was charged with two misdemeanors after his unrestrained Italian Mastiff/Cane Corso dogs attacked a wire fox terrier and its owner. Defendant filed a motion to dismiss the charges against him, arguing that YCO 505.19(b) is unconstitutional and a violation of his procedural due process rights. The Supreme Court of Ohio held that the Youngstown municipal ordinance was constitutional because it was “rationally related to the city's legitimate interest in protecting citizens from vicious dogs,” provided “the dog owner with a meaningful opportunity to be heard on the dog's classification,” and did not “label dogs as dangerous or vicious” solely based on their breed type. | Case | |
| ME - Fish and Wildlife - Chapter 7. Regulations for Wildlife in Captivity | 09-137 CMR Ch. 7, § 7.00 - 7.18 | 09-137 CMR Ch. 7, § 7.00 - 7.18 | This set of Maine regulations concerns the keeping of captive wildlife. A permit is generally required for importation, possession, propagation, rehabilitation, and exhibition of wildlife in the state. Wildlife held in captivity must be confined, contained, controlled, and sheltered in such a way as to protect it, and to protect property of others and the health and safety of the public. Section 7.11 provides the conditions and restrictions under the permit. Section 7.12 states that no primate shall be permitted unless the applicant/permit holder demonstrates a physical aide legitimate need for physical aide from a primate, and the animal in question is specifically trained for such purposes ( or the applicant must be providing foster care or training for the primate under direction or supervision of a recognized authority for same). | Administrative | |
| TX - Assault, sexual of animal - § 21.09. Bestiality | V. T. C. A., Penal Code § 21.09 | TX PENAL § 21.09 | This law represents Texas' prohibition on bestiality, which was enacted in 2017. A person commits this offense if he or she engages in listed contact with an animal. Additionally, a person violates this law if he or she: possesses or provides an animal for such purpose; organizes, promotes or participates in such conduct; permits such conduct at premises under his or her control; engages in conduct listed described in the presence of a child younger than 18 years of age; or advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described. Violation is a state jail felony unless the conduct is done in the presence of a child younger than 18 or the conduct results in serious bodily injury or death of the animal; the offense is a felony of the second degree in those cases. | Statute | |
| Bowden v. Monroe County Commission | 800 S.E.2d 252 (W. Va. May 18, 2017) | 239 W. Va. 214, 2017 WL 2224052 (W. Va. May 18, 2017) | The Plaintiff, as administratrix of the estate of her late husband, filed a complaint after he was attacked and killed by American Pit Bull Terriers while taking a walk near his home. The Plaintiff filed against the Defendants, Monroe County, the County Dog Warden Ms. Green, and other defendants, alleging, negligence in performing their statutory duties by allowing vicious dogs to remain at large, and wrongful death. The Plaintiff also sought punitive damages. The Defendants filed a motion to dismiss the complaint and asserted a defense based upon the public duty doctrine. The Circuit Court, Monroe County, granted summary judgment in favor of the Defendants. The Plaintiff appealed. The Supreme Court of Appeals of West Virginia reversed the Circuit Court and remanded. The Supreme Court held that genuine issues of material fact existed for determining whether a special relationship existed between the county and the victim such as whether: (1) the dog warden assumed an affirmative duty to act on the victim's behalf, (2) the dog warden was aware that inaction could lead to harm, (3) the dog warden had direct contact with the victim's wife regarding vicious nature of dogs; and (4) the victim's wife justifiably relied on assurances from dog warden. | Case | |
| NJ - Cruelty - Consolidated Cruelty Statutes | NJSA 4:22-10 to 4:22-61; NJSA 2C:33-31 - 32 | NJ ST 4:22-10 to 4:22-61; 2C:33-31 - 32 | These New Jersey statutes comprise the state's anti-cruelty provisions. According to the definitional section, "animal" or "creature" includes the whole brute creation. Exclusions under the act include state regulated scientific experiments, state sanctioned killing of animals, hunting of game, training of dogs, normal livestock operations, and the killing of rats and mice. With regard to livestock practices, no person may be cited or arrested for a first offense involving a minor or incidental violation of any provision of this title involving alleged cruelty to domestic livestock unless that person has first been issued a written warning. | Statute |