Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Jason v. Parks | 638 N.Y.S.2d 170 (N.Y.A.D. 2 Dept., 1996) | 224 A.D.2d 494 (1996) |
In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal. The court reaffirmed that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog. |
Case | |
| Wemer v. Walker | Slip Copy, 2015 WL 2058960 (Ohio Ct. App. May 1, 2015) |
In this case, James Wemer appealed the lower courts decision to grant summary judgment in favor of the defendant John Walker. Wemer initially filed suit against Walker alleging that the injuries he suffered from a horse-bite at Walker’s barn was due to negligence and wanton recklessness of Walker. The trial court reviewed the issue and granted summary judgment in favor of Walker based on the Equine Immunity statute. The Court of Appeals reversed and remanded the trial court’s decision on appeal. However, the trial court once against granted summary judgement in favor of Walker and Wemer appealed. On the second appeal, the Court of Appeals determined whether or not Walker was immune from liability under the Equine Immunity statute. The Court of Appeals found that Walker was immune from liability under statute because of the fact that Walker had warned Werner that his horses had a tendency to fight and Wemer voluntarily chose to get involved in separating the horses which led to his injuries. The Court of Appeals focused on the fact that both parties had a knowledge regarding equine activity and that Wemer was unable to establish that Walker’s conduct was willful or wanton under the circumstances presented. As a result, the Court of Appeals affirmed the summary judgment in favor of Walker. |
Case | ||
| OH - Domestic Violence - 3113.31 Petitions; protection orders concerning domestic violence | R.C. § 3113.31 | OH ST § 3113.31 | This Ohio law concerns protection orders in cases of domestic violence. In 2014, the law was amended to allow a court to grant a protection order that may: (E)(1)(i) require that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the petitioner; and (j) authorize the petitioner to remove a companion animal owned by the petitioner from the possession of the respondent. “Companion animal” has the same meaning as in section 959.131 of the Revised Code, which is defined as any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. The term “companion animal” does not include livestock or any wild animal. | Statute | |
| WI - Juneau - Breed - 6.04.090 Pit bulls and other dangerous animals. | JUNEAU, WI., MUNICIPAL CODE § 6.04.090 (1998) |
It is unlawful to keep, harbor, own or possess any pit bull dog in Juneau, Wisconsin, with an exception for pit bulls registered on the day the ordinance became effective. Such dogs may be kept within the city subject to certain requirements, such as proper confinement, the use of a leash and muzzle, the posting of "Beware of Dog" signs, and the maintenance of $50,000 liability insurance for personal injury caused by a pit bull. |
Local Ordinance | ||
| DE - Police Dog - § 9816. Emergency care of police dogs | 16 Del.C. § 9816 | DE ST TI 16 § 9816 | This 2023 Delaware law states that a paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog's injury. They may also transport the police dog to a designated veterinary facility and provide emergency medical services to the police dog during transport to the facility, if the paramedic or EMS provider deem it necessary for the police dog's survival. | Statute | |
| LA - Trust - § 2263. Trust for the care of an animal | LSA-R.S. 9:2263 | This law enacted in 2015 allows the creation of a trust may to provide for the care of one or more animals that are "in being and ascertainable" on the date of the creation of the trust. The trust may designate a caregiver for each animal. The trust terminates on the death of the last surviving animal named in the trust. The "comments" that follow the statutory language provide some interesting explanation of several provisions of the new law. | Statute | ||
| Earth Island Inst. v. Evans | 256 F. Supp. 2d 1064 (N.D. Cal. 2003) | Plaintiff, groups seeking to protect animals, sought to enjoin implementation of a final finding of defendant, the Secretary of Commerce and his Assistant Administrator of Fisheries, that the encirclement of dolphins with purse seine nets was not having an adverse impact on dolphin stocks as arbitrary, capricious, and an abuse of discretion. The court granted the groups' motion for preliminary injunction, enjoined the Secretary from taking any action to allow any tuna product to be labeled as "dolphin safe" that was harvested using purse seine nets, pending final disposition of the groups' action, and defined what "dolphin safe" would continue to mean. | Case | ||
| PA - Veterinary Issues - Rules of Professional Conduct | 49 PA ADC § 31.21 | 49 Pa. Code § 31.21 | The State Board of Veterinary Medicine is empowered under section 5(2) of the act (63 P. S. § 485.5(2)) to adopt rules and regulations of professional conduct appropriate to establish and maintain a high standard of integrity, skill and practice in the profession of veterinary medicine. In accordance with this authority, the Board has determined that the following rules are necessary in the public interest to protect the public against unprofessional conduct on the part of veterinarians. | Administrative | |
| Wyoming Farm Bureau v. Babbitt | 987 F.Supp. 1349 (D. Wyoming 1997) | 46 ERC 1516 (D. Wyoming 1997) |
The Wyoming Farm Bureau, amateur researchers, and environmental groups appealed an agency to introduce experimental population of gray wolves in a national park and central Idaho. After ruling on the various standing issues, the court held that the ESA section allowing experimental population to be maintained only when it is "wholly separate geographically" from nonexperimental populations includes overlap even with individual members of nonexperimental species. However, the defendants' treatment of all wolves found within boundaries of designated experimental population areas as nonessential experimental animals was contrary to law as provided in their own regulations. Therefore, the court ordered that Defendants' Final Rules establishing a nonessential experimental population of gray wolves in Yellowstone National Park in Wyoming, Idaho, Montana, central Idaho and southwestern Montana was unlawful. Further, that by virtue of the plan being set aside, defendants must remove reintroduced non-native wolves and their offspring from the Yellowstone and central Idaho experimental population areas. This decision was reversed in 199 F.3d 1224. |
Case | |
| OR - Eggs - Laying Conditions (Chapter 632) | Or. Rev. Stat. Ann. § 632.835 - 850 | This set of Oregon laws comprise the state's laws to regulate the conditions that egg-laying hens may be kept in. Under these laws, egg-laying hens must be kept in conditions that are designed to promote humane welfare standards and effective in preventing the spread of food-borne pathogens. Violators may be subject to a civil penalty of no more than $2,500 or have their egg handler's license revoked. | Statute |