Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| De Lanoy v. Taylor | 452 P.3d 1036 (Or.App., 2019) | 300 Or. App. 517 (2019) | This Oregon case involves a dispute over who now owns a female whippet dog named "Isis." Isis was adopted from the local humane society and lived with the plaintiff and his family until 2014. In the summer of 2014, plaintiff asked his friend Rich to keep Isis while plaintiff moved to Florida. Both plaintiff and Rich understood that Rich was just caring for Isis and that plaintiff remained Isis' owner. Defendant is Rich's ex-girlfriend had a different understanding; that plaintiff had abandoned Isis and, as such, Isis became defendant's property. In 2016, plaintiff filed an action for replevin against defendant, seeking immediate return of Isis. Defendant countered with a counterclaim for a declaratory judgment that the dog was gifted to Rich - who subsequently abandoned the dog - and so defendant became the rightful owner. A bench trial ruled in favor of plaintiff, finding insufficient evidence to establish that plaintiff had gifted the dog or that Rich had abandoned the dog. On appeal, defendant raises a single procedural error, that the court erred by granting plaintiff replevin the procedures in ORCP 83 A were not followed. Notably, the court found that there was no ruling against defendant with regard to noncompliance of a court rule. More importantly, there was no challenge to the court's disposition of the declaratory judgement counterclaim. Thus, defendant presented no error in the disposition of her counterclaim. Accordingly, because the trial court declared plaintiff to be the lawful owner of Isis, and no one has challenged that declaration, the court did not reach defendant's arguments about the proper procedure for a replevin claim. | Case |
| State Veterinary Practice Laws | This map links to state veterinary practice codes for each state. | State map | ||
| Conservation Force v. Salazar | 715 F.Supp.2d 99 (D.D.C., 2010) | 2010 WL 2244122 (D.D.C.) |
Plaintiffs to this suit — organizations and individuals that support sustainable hunting of the Canadian Wood Bison — alleged that the Secretary of the Department of Interior violated several provisions of the ESA in his treatment of that species. Specifically, Plaintiffs contend that the Secretary failed to: (1) make a twelve-month finding as to the status of the Canadian Wood Bison upon petition and (2) process Plaintiffs’ applications to import bison hunting trophies. In granting the Defendant's motion to dismiss, the court found that Plaintiffs’ intent to sue letter did not specify to the Secretary that they intended to challenge his subsequent failure to issue a twelve-month finding. Since Plaintiffs gave the Secretary inadequate opportunity to review his actions and take corrective measures, the claim was dismissed. Plaintiffs — four individuals who each successfully hunted a Wood Bison in Canada — sought declaratory judgment against the Service under the ESA for failure to process their applications to import bison trophies. The court also held that the request for declaratory judgment was moot where Plaintiffs failed to demonstrate that they ever intended to again apply for import permits. |
Case |
| Coy v. Ohio Veterinary Med. Licensing Bd. | 2005 Ohio App. LEXIS 756 | 2005 Ohio 773 |
A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license. The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute. The Court of Appeals affirmed the trial court holding no specific definition was required. |
Case |
| ME - Lien, care - § 3352. Pasturage, food and shelter | 10 M.R.S.A. § 3352 | ME ST T. 10 § 3352 | This Maine law provides that a person who pastures, feeds, or shelters animals by contract or consent of the owner has a lien for the amount due. The lien may be enforced in the same manner as liens on goods in possession. | Statute |
| OR - Vehicle, unattended animal - 30.813. Entrance into motor vehicle to remove unattended child or domestic animal; | O. R. S. § 30.813 | OR ST § 30.813 | This Oregon law enacted in 2017 gives immunity from civil or criminal liability to a person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal if he or she follows steps listed in the law. The person must first determine the vehicle is locked and there is no reasonable method for the animal or child to exit the vehicle. That person must also have a good faith and reasonable belief based on the circumstances that entry is necessary due to imminent harm. Additionally, that person must notify law enforcement/emergency services before or soon as is reasonably practicable, use no more force than necessary to enter the vehicle, and remain with the child or animal until responders arrive. | Statute |
| Martinez v. State | 48 S.W.3d 273 (Tex. App. 2001). |
A jury may infer a culpable mental state ("intentionally and knowingly") from the circumstances surrounding the offense of cruelty to animals. |
Case | |
| State v. Cleve | 980 P.2d 23 (N.M. 1999) |
Defendant was convicted of two counts of cruelty to animals, two counts of unlawful hunting, and negligent use of firearm. On appeal, the Supreme Court held that "any animal," within meaning of animal cruelty statute, applied only to domesticated animals and wild animals previously reduced to captivity, and thus, the animal cruelty statute did not apply to defendant's conduct in snaring two deer. The court also held that even if the Legislature had intended to protect wild animals in Section 30-18-1, New Mexico's laws governing hunting and fishing preempt the application of Section 30-18-1 to the taking of deer by Cleve in this case. |
Case | |
| CT - Education - § 10-18d. Animal dissection. Students to be excused from participation or observation | C. G. S. A. § 10-18d | CT ST § 10-18d | This Connecticut law states that a local or regional school district shall excuse any student from participating in, or observing, the dissection of any animal as part of classroom instruction, provided the parent or guardian of such student has requested, in writing, that such student be excused from such participation or observation. A student excused under this law shall be required to complete an alternate assignment to be determined by the local or regional school district. | Statute |
| Animal Legal Def. Fund v. Wasden | 878 F.3d 1184 | 18 Cal. Daily Op. Serv. 142 | In 2012, an animal rights activist went undercover to get a job at an Idaho dairy farm and then secretly filmed ongoing animal abuse there. Mercy for Animals, an animal rights group, publicly released portions of the video, drawing national attention. The dairy farm owner responded to the video by firing the abusive employees who were caught on camera, instituting operational protocols, and conducting an animal welfare audit at the farm. Local law enforcement authorities launched an investigation that culminated in the conviction of one of the employees for animal cruelty. After the video's release, the dairy farm owner and his family received multiple threats. In 2012, an animal rights activist went undercover to get a job at an Idaho dairy farm and then secretly filmed ongoing animal abuse there. Mercy for Animals, an animal rights group, publicly released portions of the video, drawing national attention. The dairy farm owner responded to the video by firing the abusive employees who were caught on camera, instituting operational protocols, and conducting an animal welfare audit at the farm. Local law enforcement authorities launched an investigation that culminated in the conviction of one of the employees for animal cruelty. After the video's release, the dairy farm owner and his family received multiple threats. Animal rights advocacy organization brought action against the Governor and Attorney General of Idaho, challenging statute that criminalized interference with agricultural production facilities as violative of the First Amendment's free speech protections, violative of the Equal Protection Clause of the Fourteenth Amendment, and preempted by federal law. The United States District Court for the District of Idaho entered summary judgment in favor of organization and granted organization's motion to permanently enjoin enforcement of the statute. The court held that 1) Idaho statute criminalizing entry into an agricultural production facility by misrepresentation violated First Amendment; 2) Idaho statute criminalizing obtaining records of an agricultural production facility by misrepresentation did not violate First Amendment; 3) Idaho statute criminalizing obtaining records of an agricultural production facility by misrepresentation did not violate Equal Protection Clause; 4) Idaho statute criminalizing obtaining employment with an agricultural production facility by misrepresentation with the intent to cause economic or other injury to the facility's operations, property, or personnel, did not violate First Amendment; 5) Idaho statute criminalizing obtaining employment with an agricultural production facility by misrepresentation with the intent to cause economic or other injury to the facility's operations, property, or personnel did not violate Equal Protection Clause; and 6) Idaho statute prohibiting a person from entering a private agricultural production facility and, without express consent from the facility owner, making audio or video recordings of the conduct of an agricultural production facility's operations violated First Amendment. Affirmed in part; reversed in part. | Case |