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Displaying 11 - 20 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Cardenas v. Swanson | 531 P.3d 917 (Wyo., 2023) | 2023 WY 67, 2023 WL 4344196 (Wyo. July 5, 2023) | The Cardenas family (Appellants) owned three St. Bernard dogs. Appellants lived on a home adjacent to large tracts of state land, and would allow the dogs to roam the land unleashed, but the dogs would return each night. One afternoon, the dogs were let outside to run, but one dog did not return. Appellants found the dog caught in a snare, where it died from a broken neck. Appellants attempted to free the dog from the snare, and one of the Cardenas children was injured in the process. While appellants were attempting to free their dog from the snare, the other two dogs were also caught in snares, and died from their injuries. Appellants filed suit against the trapper who set the snares (Appellee), asserting claims of negligence, willful and wanton misconduct, violation of statutes, infliction of emotional distress, and civil rights violations. Appellee filed a motion for summary judgment, which the trial court granted and denied in part, finding that appellee’s conduct was not willful and wanton and that appellants could not recover emotional damages for the loss of the dogs. On appeal, the court considered: (1) whether the members of the Cardenas family can recover damages for emotional injuries for the loss of their dogs, and (2) whether this court should allow the recovery of emotional distress damages for the loss of a pet. The court held that (1) emotional injuries for the loss of property are not recoverable, under this court’s precedent emotional damages are only recoverable for certain limited situations. Dogs are considered personal property under state law, and damage to personal property is not one of the situations in which emotional damages are recoverable. Next, the court held that (2) it would not create a precedent to allow people to recover emotional distress damages when animate personal property is harmed, as that change would be best suited for the legislature to make. The court affirmed the judgment of the trial court and dismissed the case. | Case | |
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| OH - Exotic Pets - 901:1-17-12 Non-domestic animals | Ohio Admin. Code § 901:1-17-12 | OH ADC 901:1-17-12 | Under this Ohio regulation, no non-domestic animal shall be imported into the state of Ohio unless accompanied by a permit issued prior to entry and certificate of veterinary inspection, is free of evidence of any contagious or infectious diseases or parasites harmful to humans or animals, and is in full compliance with all state and federal agencies rules and regulations. The specific disease requirements listed in the remainder of the rule concern only animals such as Cervidae (deer, moose, etc.), Bovidae (antelope, wild cattle, etc.), Suidae (sporting and feral swine), Tayassuidae (peccarie), and Psittacine birds. | Administrative | |
| Canada - Ontario - Dog Owners' Liability Act | R.S.O. 1990, c. D.16, s. 1 - 20(4) | This Ontario, Canada set of laws comprises the Dog Owners' Liability Act. The main thrust of the law is to establish that an owner is liable for damages if his or her dog bites or attacks another person or domestic animal. Proceedings may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that the dog attacked or bitten another person or domestic animal, or if the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals. A court may then order the destruction of the dog, or measures for more effective control of the dog (leash restraint, muzzling, etc.). The Act also bans the owning, breeding, importing, or transferring of pit bull dogs in Ontario, save for dogs grandfathered in before the Act took effect in 2005 (then the dog is a "restricted pit bull" subject to further laws). | Statute | ||
| DE - Domestic Violence - § 1045. Relief available; duration of orders, modification and termination | 10 Del.C. § 1045 | DE ST TI 10 § 1045 | Delaware amended its law on protection orders in domestic violence situations to include protection of pets in 2023. Per subsection (a)(12), a court may "[g]rant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal." | Statute | |
| Scott v. Jackson County | 403 F.Supp.2d 999 (D.Or.,2005) |
On July 22, 2003, plaintiff filed suit alleging violations of her constitutional rights under 42 U.S.C. § 1983, various state common law claims, and violation of the Oregon Property Protection Act (plaintiff's neighbor complained to animal control in May 2001 after hearing the rabbits "screaming and dying"). Plaintiff's claims arise from the seizure of over 400 rabbits from her property, and the subsequent adoption and/or euthanasia of these rabbits. Defendants move for summary judgment on grounds of qualified immunity, failure to allege the proper defendant, and failure to provide notice under the Oregon Tort Claims Act. In granting defendants' motion for summary judgment, the Court found that even if the officers' entry and seizure of plaintiff's property was unlawful, they reasonably believed their actions to be lawful, therefore affording them qualified immunity protection. Further, the court found no taking occurred where the rabbits were euthanized and/or adopted out as part of a initial criminal forfeiture action. |
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| OH - Initiatives - Issue 1 Prohibition of the hunting of mourning doves | Issue 1, 1998 (failed) | This state issue, rejected by voters in 1998, would have amended Section 1531.02 of the Ohio Revised Code to prohibit the hunting or taking of mourning doves in Ohio. The proposed law specifically would have amended Section 1531.02 of the Ohio Revised Code by adding the words "NO PERSON SHALL HUNT OR TAKE A MOURNING DOVE." The measure failed with only 40.5% voting for the proposition. | Statute | ||
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| Australia Animal Protection Law Journal | This page lists the volumes of the Australian Animal Protection Law Journal. Volume 1 (2008) through Volume 9 (2013) are available at the top of page as pdf downloads. Below this list of pdf links is a list of the table of contents for each volume of the journal. The table of contents contains the names of the articles, authors, and page numbers for each journal. More information about the journal is available at the Australian Animal Protection Law Journal website at http://animalprotectionlawjournal.com/. | Policy |
