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Displaying 6021 - 6030 of 6638
Title Citation Alternate Citation Summary Type
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
Moden v. U.S. Fish and Wildlife 2008 WL 4763025 (D.Or.)

Plaintiffs filed claim against the United States Fish and Wildlife Service (“FWS”) alleging arbitrary and capricious agency action under the Administrative Procedure Act (“APA”) and failure to perform a nondiscretionary act under the Endangered Species Act (“ESA”).   The United States District Court, D. Oregon, granted Defendants’ motion to dismiss and denied Plaintiffs’ request for leave to amend, and Plaintiffs’ motion for summary judgment, finding   that it lacked subject matter jurisdiction over Plaintiffs’ APA and ESA claims, and that it remains without jurisdiction to mandate action by the agency if rulemaking has not been initiated by the FWS at its discretion, regardless of whether a determination resulting from a five year review suggests a listing status should be changed or should remain the same.

Case
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
Stanko v. Maher 419 F.3d 1107 (10th Cir. 2005) 2005 WL 1953514 (10th Cir.(Wyo.)) A livestock owner and drover sued the Wyoming state brand inspector, alleging that inspector violated his state and federal constitutional rights in making warrantless seizure of five head of livestock, and that inspector abused his office in violation of state constitution. Plaintiff Rudy Stanko, proceeding pro se, appealed from the district court's order granting summary judgment to defendant Jim Maher.  The appellate court affirmed the entry of summary judgment in favor of Mr. Maher, holding that the warrantless search of cattle did not violate Fourth Amendment and the inspector did not violate the Fourth Amendment by making warrantless seizure of cattle as estrays.  Further, the procedure provided under Wyoming brand inspection statutes prior to seizure of cattle deemed to be estrays satisfied due process requirements. Case
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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
Baker v. SeaWorld Entertainment, Inc. Slip Copy, 2019 WL 6118448 (S.D. Cal. Nov. 18, 2019) Plaintiffs brought a securities fraud class action against the collective Defendants, including Seaworld Entertainment, Inc. This action involved statements and omissions made by the Defendants following a 2013 documentary titled Blackfish. The issues centered on the attendance impact that the documentary had on Seaworld. Company-wide attendance declined in 2013 and 2014, however, several officials of the Company made statements that there was no attendance impact resulting from the documentary. Both Plaintiffs and Defendants moved to exclude the testimony of several experts. The Court ultimately affirmed its tentative rulings, denied Defendant’s motion to exclude the testimony of two of Plaintiff’s experts, granted Defendant’s motion to exclude the testimony of Dr. James Gibson, granted in part and denied in part Plaintiff’s motion to exclude the testimony of Dr. Craig Lewis, granted Plaintiff’s motion to exclude the testimony of Dr. Randolph Bucklin, and denied Defendant’s motion for summary judgment. Case
U.S. v. Chevron USA, Inc. 2009 WL 3645170 (Only the Westlaw citation is currently available.) After 35 dead Brown Pelicans were discovered in the space between the inner wall of the caisson and the outer wall of a wellhead, Chevron was charged with a violation of the Migratory Bird Treaty Act. But, the Court held that the MBTA was clearly not intended to apply to commercial ventures where, occasionally, protected species might be incidentally killed as a result of totally legal and permissible activities. Therefore, at the plea hearing the Court refused to accept the plea of guilty from Chevron. Case
Priebe v. Nelson 140 P.3d 848 (Cal. 2006) 39 Cal.4th 1112, 47 Cal.Rptr.3d 553

A kennel worker who was bitten by a dog while the dog was in the care of the kennel sued the owner of the dog under a theory of strict liability under a statute and under the common law. The court found that the dog owner was not liable to the kennel worker because under the "veterinarian's rule," the kennel owner had assumed the risk of being bitten by the dog.

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WA - Lien, cruelty - 60.56.025. Lien created for care of animal seized by law enforcement officer West's RCWA 60.56.025 WA ST 60.56.025 This Washington law states that if a law enforcement officer authorizes removal of an animal pursuant to chapter 16.52 RCW, the person or entity receiving the animal and aiding in its care or restoration to health shall have a lien upon the animal for the cost of feeding, pasturing, and caring otherwise for the animal. Statute

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