Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Kaufman v. Langhofer | 222 P.3d 272 (Ariz.App. Div. 1, 2009) | 2009 WL 4980337 (Ariz.App. Div. 1), 223 Ariz. 249 (2009) |
This Arizona based appeal arises out of a veterinary malpractice action filed by plaintiff/appellant David Kaufman against defendants/appellees, William Langhofer, DVM, and Scottsdale Veterinary Clinic over the death of Salty, Kaufman's scarlet macaw. The main issue on appeal is whether a pet owner is entitled to recover emotional distress and loss of companionship damages over the death of his or her pet. Plaintiff argues that the court here should “expand” Arizona common law to allow a pet owner to recover emotional distress damages and damages for loss of companionship in a veterinarian malpractice action. While the court acknowledged the emotional distress Kaufman suffered over Salty's death, it noted that Dr. Langhofer's negligence did not directly harm Kaufman. Thus, the court felt that it would not be appropriate to expand Arizona common law to allow a pet owner to recover emotional distress or loss of companionship damages because that would offer broader compensation for the loss of a pet than for the loss of a human. |
Case |
| MD - Police animals - § 3-526. Funding for veterinary treatment for retired law enforcement dogs | MD Code, Public Safety, § 3-526 | This law enacted in 2021 provides that a State or local law enforcement agency that removes from duty a dog used in law enforcement work shall reimburse an individual who, under a written agreement with the law enforcement agency, takes possession of the dog on or after October 1, 2020, for reasonable and necessary veterinary treatment provided to the dog. Public donations may be accepted and distributed to the K-9 Compassionate Care Fund. Reimbursement may be only for usual and customary veterinary treatment that is not attributable to abuse or neglect of the dog. Costs may not exceed $2,500 during a calendar year and $10,000 over the life of the dog. | Statute | |
| UT - Dog Bite - Title 18. Dogs. Chapter 1. Injuries by Dogs. | U.C.A. 1953 § 18-1-1 to 4 | UT ST § 18-1-1 to 4 | This Utah statute provides that every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous. This does not apply to dogs used by law enforcement officials. In 2014, a provision for the use of arbitration in personal injury from dog bite cases was added. | Statute |
| AU - Exhibited Animals Protection Act 1986 (NSW) | Exhibited Animals Protection Act 1986 |
This Act deals with the exhibition of animals at marine or zoological parks, circuses and other places. It regulates the exhibition of all vertebrate animals in zoos, circuses or mobile displays regardless of whether they are native, exotic or domestic.
A person must have an approval to keep and exhibit an animal, and this is subject to qualifications, experience or any other term or condition that may be considered necessary |
Statute | |
| IL - Naperville - Title 6: Zoning Regulations (Chapter 2: General Zoning Provisions) | Naperville, Illinois, Code of Ordinances § 6-2-5 |
This Naperville, Illinois ordinance provides the standards to determine whether a business is a veterinary office or a pet care establishment. For a veterinary office, pets are only allowed outside between the hours of 7 AM to 10PM if they are on a leash and handled by a single employee; excrement must be picked up daily and noise levels generated by the animals cannot exceed the city’s noise performance standards. For a pet care establishment, pets are allowed to be outside without a lease or direct employee supervision, but the outside area must be fenced and cleared of excrement daily; pet care establishments are also permitted to provide emergency medical treatment or nonprofessional care associated with an existing medical problem. The zoning provisions associated with either establishment are also included. |
Local Ordinance | |
| Japan Whaling Association v. American Cetacean Society | 106 S. Ct. 2860 (1986) | 478 U.S. 221 (1986) |
Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard. |
Case |
| Hollendale Apartments & Health Club, LLC v. Bonesteel | --- N.Y.S.3d ---- , 2019 WL 2031263 (N.Y. App. Div., 2019) | 2019 N.Y. Slip Op. 03718 | The Plaintiff owns and operates an apartment complex with a policy that prohibits defendants from keeping a dog on the premises. The Defendant, Bonesteel, began renting an apartment at Plaintiff's complex in 2011 under a one-year lease. Defendant continued to renew his one-year lease for additional one-year terms until 2014. Defendant's therapist sent a letter to the Plaintiff requesting an exception to the no dog policy so that the Defendant could have an emotional support animal. The Plaintiff denied the request but stated that it would allow a bird or cat or an early termination of Defendant's lease. The Plaintiff filed an action seeking a judgment declaring that the Plaintiff's refusal to permit the Defendant to have an emotional support dog was not in violation of the Fair Housing Act (FHA) and the Human Rights Law (HRL). The Plaintiff subsequently reduced the Defendant's lease renewal term to three months. The Defendant filed counterclaims on grounds of discrimination. The Supreme Court of New York also granted a motion allowing the Attorney General to intervene. The Attorney General asserted counterclaims on similar grounds to those raised by the Defendant. After a nonjury trial, the trial court issued a judgment that the Plaintiff's actions did not violate the FHA and the HRL. The Defendant then appealed. On appeal, the Supreme Court addressed the question of whether the Plaintiff's claims were justiciable even though the matter was not raised by the parties. Since the Plaintiff had already denied the Defendant's request for an exception to the policy when it filed the action and no harm to the Plaintiff occurred or was impending, it was essentially asking the Court to issue an advisory opinion which is not an exercise of judicial function. Therefore, the Court dismissed the Plaintiff's declaratory judgment. The Court then considered the Defendant's counterclaims since concrete injuries were alleged. The only two arguments addressed were whether the Defendant actually had a qualifying disability within the meaning of the FHA and the HRL and whether the accommodation requested was necessary to afford the Defendant an equal opportunity to use and enjoy his dwelling. The Court concluded that the Defendant met his burden to establish that he is disabled within the meaning of the FHA and HRL. The Court also found that the Defendant "offered sufficient evidence that having an emotional support dog would affirmatively enhance his quality of life by ameliorating the effects of his disability, and thus demonstrated necessity within the meaning of the FHA and the HRL." Lastly, the Court found that the Plaintiff retaliated against the Defendant by reducing his lease renewal terms to three months. Accordingly, Defendant was entitled to judgment in his favor on the retaliation counterclaims. | Case |
| WV - Leash - § 5A-4-4. Unlawful to kill or molest animals, birds or fowls upon grounds of capitol; | W. Va. Code, § 5A-4-4 | WV ST § 5A-4-4 | This West Virginia statute aims at protecting the state capitol grounds and governor's mansion from disturbance. In doing so, it makes it unlawful for any person to knowingly allow a dog owned by him or her to be upon the grounds of the capitol buildings or governor's mansion unless such dog is under control by leash. Any person who knowingly allows a dog owned by him to be upon the grounds of the capitol buildings or governor's mansion while not under control by leash shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not less than twenty-five nor more than one hundred dollars. Other interesting provisions are included in this law. | Statute |
| SC - Hunting - § 50-11-852. Unlawful to molest or kill birds of prey; bald eagles; penalties. | Code 1976 § 50-11-852 | SC ST § 50-11-852 | This statute prohibits the killing of any bird of prey, resulting in a misdemeanor conviction. If the bird is a bald eagle, the individual faces a maximum fine of up to $1,000 and one year in jail in addition to the revocation of hunting privileges for five years. | Statute |
| CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Appellee. |
This is the City of Toldeo's Appellant Brief filed in the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls. |
Pleading |