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Displaying 101 - 110 of 6754
Title Citation Alternate Citation Summary Type
CT - Cruelty - § 54-86n. Appointment of advocate in proceeding re the welfare or custody of a cat or dog. C.G.S.A. § 54-86n CT ST § 54-86n This 2016 law states that, in a cruelty or welfare proceedings, the court may order, upon its own initiative or upon request of a party or counsel for a party, that a separate advocate be appointed to represent the interests of justice. That advocate can monitor the case and supply the court with information about the welfare of the cat or dog. The Department of Agriculture shall maintain a list of attorneys with knowledge of animal issues and the legal system and a list of law schools that have students, or anticipate having students, with an interest in animal issues and the legal system. Such attorneys and law students shall be eligible to serve on a voluntary basis as advocates under this section. Statute
PR - Ordinances - § 4054 Municipal faculties in general PR ST T. 21 § 4054 21 L.P.R.A. § 4054

This Puerto Rico statute provides that each municipality has the general power to order, regulate and resolve whatever is necessary and convenient to attend to its local needs and for its greater prosperity and development.  Among these powers is the power to regulate whatever concerns stray domestic animals, including euthanasia and disposal in interest of the public health, establishing rules and conditions under which they can be rescued by their owners, the muzzling and licensing of dogs, and the adoption and implementation of such precautionary measures that are necessary or convenient to protect the public health as it may be affected by domestic stray animals.

Statute
U.S. v. Wahchumwah 710 F.3d 862 (9th Cir., 2012) 13 Cal. Daily Op. Serv. 2304, 2013 Daily Journal D.A.R. 2747

The United States Fish and Wildlife Services investigated a tip that the defendant was selling eagle parts in violation of the Bald and Golden Eagle Protection Act. Upon appeal, the defendant argued that his Fourth Amendment rights were violated by the undercover agent’s warrantless use of a concealed audio visual device to record the transaction inside the defendant’s home, but the appeals court disagreed.  However, the appeals court reversed  the defendant's conviction on Counts 2 or 3 and Counts 4 or 5 because those counts were multiplicitous.

Case
Rule v. Fort Dodge Animal Health, Inc. 604 F.Supp.2d 288 (D.Mass.,2009) 2009 WL 678744 (D.Mass.)

The plaintiff brought this action against Defendants Fort Dodge Animal Health, Inc. and Wyeth Corporation, seeking economic damages suffered from the purchase and injection of her dog with ProHeart® 6 to prevent heartworm. The complaint alleged products liability/failure to warn, breach of implied warranty of merchantability, and violation of state deceptive business practices, among others. In 2004, defendants recalled ProHeart® 6 in response to a request by FDA due to reported adverse reactions. This Court found that Massachusetts law follows the traditional “economic loss rule,” where such losses are not recoverable in in tort and strict liability actions where there has been no personal injury or property damage. Here, the plaintiff was barred from recovering because she has not alleged any personal injury or property damage under her products liability claim. Further, plaintiff failed to show that defendants' deceptive act caused some injury and compsensable loss. Defendants' motion to dismiss was granted.

Case
NY - Impound - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 118 NY AGRI & MKTS § 118 This New York law outlines the violations related to licensing of dogs. Any owner who fails to license any dog; fails to have a dog identified as required; knowingly affixes false or improper licensing, including that which identifies it as an assistance dog; fails to confine or restrain his or her dog as required; furnishes false or misleading information in connection with this article; fails to exercise diligence in handling his or her dog, which results in harm to a service dog; commits a violation. It shall be the duty of the dog control officer of any municipality to bring an action against any person who has committed within such municipality any violation of this section. Any municipality may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty. Statute
Bogart v. Chapell 396 F.3d 548 (4th Cir., 2005)

A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. 

Case
Scotland - Slaughter - The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 2012 No. 321 These Regulations replace the Welfare of Animals (Slaughter or Killing) Regulations 1995 for Scotland in respect of slaughterhouse activities (the 1995 Regulations continue to have full effect in England and Wales). Provisions include: certificates of competence and handling and stunning requirements for a number of farmed species. Statute
Alternatives Research & Development Foundation v. Glickman 101 F.Supp.2d 7 (D.D.C.,2000)

In this case, the plaintiffs, a non-profit organization, a private firm and an individual, alleged that the defendants, the USDA and APHIS violated the mandate of the Animal Welfare Act (AWA) by promulgating regulations that exclude birds, mice and rats from the definition of “animal” under the Act. Defendants moved to dismiss, arguing that all three plaintiffs lack standing to bring suit. Defendants also moved to dismiss on the grounds that the exclusion of the three species is within the agency's Congressionally delegated discretion, not subject to judicial review. The court denied defendant's motion, holding that based on Lujan , defendants challenge to standing failed. Further, the AWA does not grant the USDA "unreviewable discretion" to determine what animals are covered under the AWA.

Case
CA - Pet Boarding Facilities - Chapter 11. Pet Boarding Facilities West's Ann. Cal. Health & Safety Code § 122380 - 122388 CA HLTH & S § 122380 - 12388 This chapter of statutes deals with the responsibilities that pet boarding facility operators must adhere to in the state of California. “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. Operators must ensure that the facility is in good repair, there is adequate pest control, an owner is contacted if a pet escapes and reasonable efforts are made to capture the escaped pet, as well as other upkeep requirements. The chapter also provides enclosure standards and animal care requirements including fire alarm and sprinkler systems. Animal control or qualified humane officers enforce violations of the chapter. Statute
NC - Veterinary - Article 11. Veterinarians. N.C.G.S.A. § 90-179 to 187.17 NC ST § 90-179 to 187.17 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

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