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Title Citation Alternate Citation Agency Citation Summary Type
U.S. v. Williams 898 F.2d 727 (9th Cir. 1990)

Kenneth Ray Williams appealed his conviction for the illegal hunting of moose in violation of the Lacey Act. Williams claimed that his conviction should be overturned because the government failed to establish the validity of use of the wildlife law against a tribe member. The United States argued that there is no need for the government to establish the validity of the law's use against a tribe member.  The court affirmed the conviction and held that the government must establish the validity of the use of wildlife laws against tribe members but that similar laws enacted by the tribe can establish this validity.

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Derecho Animal Volume 11 Núm 3

Tabla de contenidos

 

Editorial

 

Presentación del volumen 11/3 (2020)

Marita Giménez-Candela

7 - 9

PDF

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PDF (English)

 Policy
VA - Restaurants, animals - 2 VAC 5-585-3310. Prohibiting animals. 2 VA ADC 5-585-3310 2 VAC 5-585-3310 This Virginia regulation states that dogs may be allowed in outdoor dining areas if: (1) the outdoor dining area is not enclosed with floor-to-ceiling walls; (2) there is a separate entrance; (3) there is a sign at the main entrance stating that dogs are allowed in the outdoor dining area that is easily observable by the public; (3) food and water provided to dogs is served using equipment not used for human food service or is put in single-use receptacles; (4) dogs are not allowed to sit on chairs, benches, seats, or tables; (5) dogs are kept on a leash or within a pet carrier and under the control of adults at all times; (6) the establishment provides a means for picking up dog messes; and (7) there is a sign outlining some of these requirements observable to the public. Administrative
Dreyer v. Cyriacks 112 Cal.App. 279 (1931) 297 P. 35 (1931) Plaintiffs brought action against Defendant for damages after Defendant shot and killed Plaintiffs’ dog.   The Trial Court set aside a jury verdict granting Plaintiffs $100,000 in actual and $25,000 in punitive damages, on the ground that the verdict was excessive.   On appeal, the District Court of Appeal, First District, Division 1, California, affirmed the Trial Court decision, finding that the Trial Court was justified in holding that both the actual and punitive damages awards were grossly excessive, given the circumstances under which the incident occurred.   In making its decision, the Court of Appeal pointed out that, although this particular dog had been in the motion picture industry, dogs are nonetheless considered property, and as such, are to be ascertained in the same manner as other property, and not in the same manner as human life. Case
US - Assistance animals, housing - Part 8. Nondiscrimination Based on Handicap 24 C.F.R. § 8.1 to .6 The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development. Administrative
Schindler v. Mejias 100 A.D.3d 1315 (N.Y.A.D. 3 Dept., 2012) 2012 WL 5950370 (N.Y.A.D. 3 Dept.); 955 N.Y.S.2d 252

This appeal is an appeal of the denial of defendant's motion for summary judgment in a defamation action. Plaintiff, an attorney, brought an action against Hector L. Mejias Jr., an employee of defendant Ulster County Society for the Prevention of Cruelty to Animals, claiming that Mejias falsely accused him of misrepresenting himself as the Ulster County District Attorney during a sworn deposition. The statement occurred during an incident at the SPCA where Plaintiff-Schindler was trying to pick up a dog owned by his client. The particular issue on appeal is whether the supreme court erred in determining that Mejias's supporting deposition constitutes libel per se. The court found that the alleged act was sufficiently egregious because such a claim would suggest professional misconduct on an attorney's part and invites both disciplinary action and damage to an attorney's professional reputation. Further, defendants failed to meet their burden of showing an absence of malice. The order was affirmed.

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TN - Ordinances - § 5-1-120. Dogs and cats; licenses, shelters and other animal control facilities T. C. A. § 5-1-120 TN ST § 5-1-120 This Tennessee statute outlines the broad police power counties have with respect to dog and cats. It provides that counties, by resolution of their respective legislative bodies, may license and regulate dogs and cats, establish and operate shelters and other animal control facilities, and regulate, capture, impound and dispose of stray dogs, stray cats and other stray animals. Statute
Journal of Animal and Natural Resource Law Vol. 8

Published by the students of Michigan State University College of Law

Journal of Animal & Natural Resource Law Vol. VIII (2012)

The table of contents is provided below.

 Policy
Southall v. Gabel 277 N.E.2d 230 (Ohio App. 1971) 28 Ohio App.2d 295 (1971)

This case resulted from the alleged negligent transport of a horse that resulted in a drastic change in the horse's temperament (to a "killer horse"), which ultimately led to its destruction by its owner.  Before trial, defendant demurred to plaintiff's petition on the ground that the action was barred under R.C. s 2305.11, the act being 'malpractice' and therefore required to be brought within one year after the termination of treatment.  The Court of Appeals held that the trial court's decision overruling the demurrer to plaintiff's petition was correct, 'the petitioner is based on negligence for the transporting rather than malpractice.'  Further, the Court held that until the Supreme Court speaks, veterinarians are not included in the definition of malpractice (reversed and remanded - See , 293 N.E.2d 891 (Ohio, Mun.,1972).

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Earth Island Institute v. Hogarth 484 F.3d 1123 (9th Cir. 2007) 2007 WL 1227559 (9th Cir. 2007)

This case concerns the practice of catching yellowfin tuna by encircling dolphins with purse-seine nets. The dispute centers over whether tuna sellers may label tuna as dolphin-safe if caught with such nets. An environmental group brought suit against the Secretary of Commerce after he concluded that there was insufficient evidence to show that tuna purse seine fishing harmed depleted dolphin stocks in the Eastern Tropical Pacific Ocean (ETP). The Court of Appeals affirmed the lower court's decision that the action by the Secretary was arbitrary and capricious where the agency's decision-making process was influenced to some degree by foreign policy considerations rather than science alone. Further, the finding of no significant impact (FONSI) was not rationally connected to the best available scientific evidence.

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