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Titlesort ascending Author Citation Alternate Citation Summary Type
Beyond the Law: Agribusiness and the Systemic Abuse of Animals David J. Wolfson 2 ANIMALL 123 (1996) (html version)

This article describes the minimal state and federal laws relating to animals raised for food production, and outlines a path for reform.

Article
Beyond Humanity: New Frontiers in Animal Law (2019) 5(1) CJCCL

Foreword

Honourable Senator Murray Sinclair, Senate of Canada  i

Articles

Beastly Dead

Vaughan Black  1

Article
BETWEEN THE FLOOD AND THE RAINBOW: OUR COVENANT TO PROTECT THE WHOLE OF CREATION Bruce Babbitt 2 Animal L. 1 (1995) As Congress weighs the interests of landowners against the environment, the future of the Endangered Species Act May be in peril. Secretary Babbitt discusses the success of our environmental laws and urges recognition of the moral, ethical, and religious values underlying the Endangered Species Act. These values manifest themselves in a wolfs green eyes, a sacred blue mountain, the words from Genesis, and the answers of children. These considerations should lead us to the conclusion that we are responsible for the whole of creation. Article
Betts v. City of Long Beach Department of Health and Human Services

This is a petition demanding an administrative hearing before the euthanizing of a dog.

Pleading
Bess v. Bracken County Fiscal Court 210 S.W.3d 177 (Ky.App.,2006)

The primary issue in this Kentucky case is whether a Bracken County ordinance which bans the possession of pit bull terriers is inconsistent with the state law that addresses dangerous dogs. The lower court denied the plaintiff's motion and dismissed the complaint. On appeal, the Court of Appeals held that the ban of breed was a legitimate exercise of police power and did not deny dog owners procedural due process. Further, the ordinance did not infringe on constitutional right to travel because traveling with a pet is not a fundamental right and the ordinance does not treat residents and non-residents differently.

Case
Berry v. Frazier 307 Cal. Rptr. 3d 778 (2023), as modified on denial of reh'g (May 15, 2023), review denied (Aug. 9, 2023) 90 Cal.App.5th 1258 (Cal.App. 1 Dist., 2023) Ryan Berry sued veterinarian Jeffery R. Frazier for damages related to the euthanasia of her cat. Berry alleged that Frazier performed the euthanasia without her informed consent, using an unnecessary and unjustified intracardiac injection that caused a painful death for her cat and emotional distress for her. In 2019, plaintiff hired "Vetted," a service that provides home euthanasia for pets, to put down their dying cat. Vetted sent Dr. Frazier, who failed to sedate the cat with a catheter and suggested using an intracardiac injection (injecting fluid directly into the heart), claiming it was a quick and painless method. The owners agreed, but later learned that this method is generally considered inhumane and illegal in some circumstances. Plaintiff's first amended complaint (FAC) raised the following: (1) fraud/deceit/intentional misrepresentation (third cause of action); (2) breach of fiduciary duty (fourth cause of action); (3) conversion/trespass to chattels (fifth cause of action); (4) intentional infliction of emotional distress (sixth cause of action); and (5) violation of section 3340 (eighth cause of action). The prayer for relief for each cause of action sought nominal damages of $1, restitution of $600 (cost of euthanasia), and punitive damages. The trial court granted Frazier's demurrer and dismissed the causes of action for fraud, conversion, intentional infliction of emotional distress, and violation of Civil Code section 3340. Berry voluntarily dismissed the remaining cause of action, resulting in a final judgment. On the instant appeal, the appellate court looked at the fraud claim finding that the defendant intentionally misled the plaintiff about the method of euthanasia and manipulated her into giving consent for the intracardiac injection, which turned out to be an inhumane and painful procedure. The plaintiff provided specific allegations of the defendant's representations, including statements about the procedure being quick and painless. The court found that the plaintiff's allegations were sufficient to support a claim of fraud, and the defendant's argument that the plaintiff failed to allege legally cognizable damages was rejected. With respect to the conversion/trespass to chattels claim, the plaintiff alleges that the defendant, a veterinarian, obtained her consent for euthanizing her cat through fraudulent means. The plaintiff claims that the defendant intentionally misled her about the procedure, resulting in the cat experiencing extreme pain. As to plaintiffs' claims of conversion/trespass to chattels and IIED, the court found that the allegations support these claims, as the defendant's conduct violated the plaintiff's property rights and caused severe emotional distress. The court disagreed with the trial court's dismissal of these claims and concludes that the demurrer should have been overruled. Finally, on the violation of Section 3340 (the exemplary damages statute), the court agreed with the trial court's ruling that no separate cause of action can be alleged for a violation of Section 3340. The court notes that while the statute provides for exemplary damages, it does not define "wrongful injuries" or indicate an intent to create a separate cause of action. While there is no independent cause of action under Section 3340, it can serve as a basis for seeking exemplary damages in connection with other causes of action so the plaintiff should have pleaded the request for Section 3340, providing sufficient facts to support the allegation of willful and inhumane conduct. The court remanded the case to allow the plaintiff to file a second amended complaint to include the request for Section 3340 exemplary damages in connection with other causes of action. Notably, the court rejected the defendant's argument that Section 3340 does not apply to veterinarians or that the plaintiff's claim only involves professional negligence. Section 3340 is broadly worded and can apply to any defendant, including veterinarians, for willful or grossly negligent conduct causing wrongful injuries to animals. The court found no basis to exclude veterinarians from the statute's coverage and notes that the defendant's argument is unsupported by relevant case law. The court has dismissed the appeals from the October 7, 2021 demurrer order, the October 7, 2021 motion to strike order, and the October 26, 2021 order dismissing the fourth cause of action without prejudice. The court has also reversed the judgment of dismissal and sent the case back to the trial court for further proceedings. The trial court was directed to vacate the dismissal of the first amended complaint and modify the demurrer order. The plaintiff is allowed to file a second amended complaint, and the defendant is allowed to file a demurrer and motion to strike to any new amended pleading. Case
Berres v. Anderson 561 N.W.2d 919 (Minn. Ct. App. 1997) This is an action for veterinary malpractice brought by the purchasers of cattle that tested positive for Johne's disease. The veterinarian diagnosed the disease in the seller's herd and treated the buyer's herd for the disease. The trial court granted summary judgment for the veterinarian on the grounds that the statute of limitations had expired for the malpractice claim. On appeal, the court reversed the district court's granting of summary judgment, as it determined that the record indicated a genuine issue for trial as to the causation of the spread of the disease among the herd of cattle and whether adequate hygiene would have reduced the spread of the disease. Case
Bermudez v Hanan Slip Copy, 44 Misc.3d 1207(A), 2013 WL 5496124 (Table) (N.Y.City Civ.Ct.), 2013 N.Y. Slip Op. 51610(U)

This unpublished small claims court opinion concerns a dog bite. Claimant sought to recover monetary damages for medical bills and related expenses she incurred as a result of personal injuries suffered when Defendant's dog named "Chino" bit her on the face. At issue is whether Chino had vicious propensities and whether Defendant was aware of or had knowledge of those vicious propensities. The court found that Plaintiff did not raise an issue of fact as to the dog's vicious propensities. The court found compelling evidence that Chino was certified by the Good Dog Foundation to visit healthcare facilities as a therapy dog. As a result, the court dismissed the motion.

Case
Berg v. Nguyen 201 So. 3d 1185 (Ala. Civ. App. 2016) 2016 WL 100267 (Ala. Civ. App. Jan. 8, 2016) This Alabama case involves the appeal of summary judgment on behalf of defendants in a personal injury dog bite case. The plaintiff here was bitten as she walked through a parking lot of the retail store adjacent to the residence where the dogs were kept. The dogs (six or seven pit bulls) were kept by defendants' tenants at the residence. Some of the dogs were kept in outdoor, chain-link kennels and others were allowed to remain in the fenced backyard. Plaintiff Berg filed a complaint against the Nguyens and their business under a theory of landlord-tenant liability for the dog bite. The lower court granted the Nguyens' motion for summary judgment, finding that Alabama law does not provide for landlord liability in this case. On appeal here, the court was persuaded by defendants' evidence that they did not know of the dog's dangerous propensity and were aware of only two occasions where animal control had been called. Further, there were only a few times Than Nguyen was aware the dogs were left unchained in the front yard. This was sufficient for the court to find that plaintiff did not meet her burden establishing that the Nguyens knew or should have known of any dangerous propensities of the dog that bit plaintiff. As to the issue of defendants' knowledge that pit bulls were "inherently dangerous," the court held that the Alabama Supreme Court in Humphries established that breed alone is insufficient to impute knowledge. Summary judgment was affirmed. Case
Berardelli v. Allied Services Institute of Rehabilitation Medicine 900 F.3d 104 (3d Cir., 2018) 2018 WL 3849363 (3d Cir. Aug. 14, 2018) This case presents an issue of first impression in the Court of Appeals: whether regulations on service animals, which technically apply only to reasonable accommodations under the Americans with Disabilities Act (ADA), require that individuals with disabilities be allowed to be accompanied by their service animals under the Rehabilitation Act (RA). The facts involve an elementary student with dyslexia and epilepsy who sought to be accompanied by her service dog to school. The dog was trained to respond to her epileptic seizures and was recommended by her pediatric neurologist. The student was attending a new school after having attended a different school with her service animal who recently died. After receiving a new service animal (after being placed on a waiting list), the principal of the new school refused access for the service animal, asserting for the first time that the dog was "too much of a distraction." As a consequence of the denial, the student missed school when her seizures were too severe. After more than a year of disrupted attendance, the student's mother sought to have the seizure alert dog accompany the child to fifth grade, and the principal said he would "look into" it. Frustrated with the equivocation, the mother attempted to bring the service animal with the child and the principal prevented entrance, now saying another child had an allergy to dogs. Eventually, the dog was allowed to accompany the child with a "therapeutic shirt designed to decrease allergens," but the shirt interfered with the service animal's performance of disability-related tasks. In the end, the mother withdrew the child from this particular school. The child's parent subsequently sued the school, arguing that the school had failed to accommodate the child under Section 504 of the RA. The school moved for summary judgment on all claims. Important to the claim of discrimination under the RA, the District Court instructed the jury that on a claim for failure to accommodate, the plaintiff needed to prove that that the requested accommodations were reasonable and necessary to avoid discrimination based on disability. The jury was confused at the instructions and the child's attorney urged the court to instruct the jury on ADA service animal regulations. The Court refused saying it had “g[iven] them the law that relates to this case” and would not “go look for some new law to tell them about or some different law or something that’s not been already submitted or given to them.” The jury subsequently returned a verdict for the school. On appeal here, appellants argue that, because the subjective standards for liability under the RA and ADA are the same, the service animal regulations of the ADA should apply to the RA. The Court of Appeals first examined the history and relationship of the ADA and its precursor, the RA. Based on the overarching goal of both laws - to ensure equal opportunity and inclusion - the requirements of reasonable accommodations and reasonable modifications are inextricably intertwined. Regardless of the differing entities the statutes cover, they both impose the same liability standard based on this concept of "reasonableness." The Court also found this echoed in case law dealing with a failure to accommodate under both laws. As to the service animal regulations under the ADA, the Court held that, logically, the service animal regulations are relevant to the RA even though they technically interpret the ADA. This is supported by agency guidance in other contexts from HUD, the Dept. of Justice, and the Dept. of Labor. The Court found the school's counter arguments unpersuasive especially considering the legal principle that an anti-discrimination statute like the RA must be interpreted broadly to carry out its broad remedial purpose. In essence, the Court now holds that a covered actor must accommodate the use of a service animal by an individual with a disability under the RA just as it must do under the ADA. While the "reasonableness" of that accommodation will be evaluated on a case-by-case basis, the request to be accompanied by a service animal is per se reasonable. Applying that holding to these facts, the Court found that the District Court did not correctly instruct the jury on the relevant law. The error was not harmless, and, despite the school's claim, there was not a high probability that the jury would have ruled in its favor if properly instructed. The judgment was vacated on the RA claim, reversed on the dismissal of the state discrimination claim, and remanded for further proceedings consistent with this opinion. Case

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