Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Brookover v. Roberts Enterprises, Inc. | 156 P.3d 1157 (Ariz.App. Div. 1,2007) | 215 Ariz. 52 (2007) |
Plaintiffs-appellants Brookovers appeal the trial court's decision granting summary judgment to defendant-appellee Roberts Enterprises, Inc.. The Brookovers claimed that Roberts was negligent in allowing its cow to enter the highway where it collided with the Brookovers' automobile. They contend that they presented evidence that defendants were aware of the risk of significant numbers of collisions between cattle and automobiles when cows were allowed to graze in the vicinity of a paved highway. Here, however, the court stated that the record indicates that the accident involving the Brookovers was the first reported cattle-automobile accident to occur on the Salome Highway through the Clem Allotment since Roberts began to lease the premises. Further, the court affirmed the trial court's ruling on the inapplicability of res ipsa loquitur based on the Brookovers' inability to establish that the accident is of a type that would not have occurred in the absence of negligence. |
Case |
| ND - Vehicle - § 39-08-19. Penalty for harassment of domestic animals | NDCC 39-08-19 | ND ST 39-08-19 | This North Dakota statute states that any person operating a motorcycle, snowmobile, or other motor vehicle who willfully harasses or frightens any domestic animal, is, upon conviction, guilty of a class B misdemeanor and is also liable for the value of the animal and exemplary damages. | Statute |
| Engquist v. Loyas | 803 N.W.2d 400 (Minn.,2011) | 2011 WL 4374605 (Minn.,2011) |
After a 9-year old child was bitten by defendant's dog while at a sleepover at defendant's house, the child's mother sued the dog’s owners on child's behalf. The jury found that the plaintiff provoked the dog and the court entered a judgment in favor of defendants. The appellate court reversed on the ground that the jury instruction given by the district court misstated the meaning of provocation under the statute, and remanded for a new trial. In the instant action, the Supreme Court affirms this decision. Specifically, the jury here could have found provocation without any consideration of the victim's knowledge of the danger, and this misstatement prejudiced the defendant. |
Case |
| Eastern Band Cherokee - Animal Control - Sec. 19.1, Animal Control Department | Eastern Band Cherokee, Sec. 19-19.1 |
This section of the Eastern Band Cherokee Code describes the purpose of the Tribe's Animal Control Department. The Eastern Band Cherokee Animal Control Code includes Sections 19.1 through 19.7. Each section addresses a different topic within the Tribe's animal control, ranging from administrative purposes to restrictions and regulations. |
Statute | |
| Sak v. City of Aurelia, Iowa | 832 F.Supp.2d 1026 (N.D.Iowa,2011) | 44 NDLR P 125 |
After suffering a disabling stroke, a retired police officer’s pit bull mix was trained to become a service dog. However, the town where the retired police officer resided had a Breed Specific ordinance that prohibited pit bulls. The retired police officer and his wife brought this suit against the city alleging that the ordinance violated his rights under Americans with Disabilities Act (ADA), and also sought a preliminary injunction to enjoin the city from enforcing the ordinance. The officer’s preliminary injunction was granted after the court found: 1) the officer was likely to succeed on merits of ADA claim; 2) the officer would suffer irreparable harm absent injunction; 3) the balance of equities was in favor of injunctive relief; 4) and the national public interest in enforcement of ADA trumped more local public interest in public health and safety reflected in ordinance. |
Case |
| IL - Cruelty - Horse Mutilation Act | 720 ILCS 5/48-5 | IL ST CH 720 § 5/48-5 (FORMER ACT IL ST CH 720 § 315/0.01 - 1) | This act text prevents the docking of horses' tails. Violation results in a Class A misdemeanor. | Statute |
| United States v. Bramble | 103 F.3d 1475 (9th Cir. 1996) |
During a search related to a controlled substances violation, undercover agents seized eagle feathers from defendant. The court held that Congress exercised valid Commerce Clause power in enacting the BGEPA, as the incentive of interstate commerce in eagle parts would threaten eagles to extinction, thus depleting the future commercial potential of activities such as eagle-based tourism and educational research. For discussion on the Eagle Act and the Commerce Clause, see Detailed Discussion . |
Case | |
| Animal Law Index Volume 19, Part 2 |
Animal Law Review Volume 19, Issue 2 (Spring 2013)
INTRODUCTIONCONSISTENTLY INCONSISTENT: THE CONSTITUTION AND ANIMALS
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Policy | ||
| Boss v. State | 964 N.E.2d 931 (Ind.App.,2012) | 2012 WL 1066099 (Ind.App.,2012) | Defendant appealed her convictions of misdemeanor failure to restrain a dog and misdemeanor harboring a non-immunized dog after her dogs attacked a neighbor and a witness to the incident causing serious injury to both parties. Evidence supported her convictions for failure to restrain dogs because her fence had gaps through which the dogs could escape, and another dog was wearing only a loose collar. Evidence supported her convictions for harboring dogs that had not been immunized against rabies because she did not show proof that dogs had been immunized, which supported inferences that she was aware of the high probability that the dogs had not been immunized, and therefore, she knowingly harbored non-immunized dogs. | Case |
| WA - Initiative - Initiative 1401, Trafficking of animal species threatened with extinction | Initiative 1401 (2015) | Initiative 1401 would amend several sections of the Washington code (RCW 77.15.085, 77.15.100, and 77.15.425; reenacting and amending RCW 77.08.010). This measure would prohibit sale, purchase, trading, or distribution of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray species listed as endangered or vulnerable in the Convention on International Trade in Endangered Species or the International Union for Conservation of Nature’s red list, including items made from listed species. Violations would be a gross misdemeanor or class-C felony. It would exempt certain distributions, including musical instruments and transfers for educational purposes. The measure passed by 71% voting "yes" for the initiative. | Statute |