Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Klobnak v. Wildwood Hills, Inc. | 688 N.W.2d 799 (Iowa 2004) | 2004 WL 2534344 (Iowa 2004) |
Plaintiffs brought suit against a ranch after their car struck two of the ranch's horses on the highway. The trial court dismissed holding no duty of care was breached by the ranch because Iowa no longer had a statute prohibiting animals from roaming. The Supreme Court of Iowa reversed reasoning that a duty of ordinary care still exists. |
Case |
| NJ - Fur - Chapter 14. Fur Products. | NJSA 56:14-1 to 56:14-3 | NJ ST 56:14-1 to 56:14-3 | This law represents New Jersey's fur labeling law. Under the 2009 law, no person shall sell or offer to sell any new coat, jacket, garment or other clothing apparel made wholly or in part of fur, regardless of the price or value of the fur, without the name of the animal(s) used to produce the fur and the name of the country of origin of any imported fur. A person who violates this act shall be subject to a penalty of not more than $500 for the first offense and not more than $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding. | Statute |
| MD - Hunting - Subtitle 9. Captive Wildlife. | MD Code, Natural Resources, § 10-901 - 911 | MD NAT RES § 10-901 - 911 | This Maryland statute states that it is in the state's public interest to preserve native species by strictly regulating the possession, importation, exportation, breeding, raising, protection, rehabilitation, hunting, killing, trapping, capture, purchase, or sale of certain wildlife which pose a possibility of harm to native wildlife. | Statute |
| City of Richardson v. Responsible Dog Owners of Texas | 794 S.W.2d 17 (Tex. 1990). |
City's animal control ordinance banning the keeping of pit bulls was not preempted by state Penal Code provisions governing the keeping of vicious dogs. |
Case | |
| Defenders of Wildlife v. Norton | 239 F.Supp.2d 9 (D.D.C. 2002) |
Plaintiffs, twelve conservation organizations and one individual involved in Lynx conservation efforts, challenge a final decision by the USFWS declaring the Lynx in the contiguous United States to be a "threatened," rather than "endangered," species under the Endangered Species Act. Plaintiffs allege that the designation of the Lynx as threatened is "arbitrary, capricious, and an abuse of discretion, or otherwise not in accordance with law," in violation of § 706(2)(A) of the Administrative Procedure Act and that the Service has violated the ESA by failing to designate "critical habitat" for the Lynx as required by that statute. The Court granted summary judgment for the plaintiffs, finding that the FWS's conclusion that, "[c]ollectively, the Northeast, Great Lakes, and Southern Rockies do not constitute a significant portion of the range of the DPS," (three of the Lynx's four regions) were collectively not a significant portion of its range was counterintuitive and contrary to the plain meaning of the ESA phrase "significant portion of its range." With regard to the FWS's failure to designate critical habitat, the excessive delays experienced by the FWS ran completely counter to the mandate of the ESA and were without proper justification. |
Case | |
| Martinez v. Robledo | 147 Cal.Rptr.3d 921 (Cal.App. 2 Dist.) | 210 Cal.App.4th 384; 2012 WL 5208537 (Cal.App. 2 Dist.) |
These two consolidated California appeals address the measure of damages for the wrongful injury to a companion animal. Both respondents filed motions in limine concerning the issue of damages in the cases and, in both case, the trial court limited the measure of damages to the market value of the dogs. On appeal, the appellants argued that the measure of damages should go beyond market value to cover the reasonable costs of the pets' treatment. The appellate court found the recent case of Kimes v. Grosser (2011) 195 Cal.App.4th 1556 (decided after these appeals were filed) persuasive (where the court held that a plaintiff can recover reasonable and necessary costs where a pet is wrongfully injured). The court reasoned that otherwise, the injured animal's owner would bear the burden of all the costs of treatment, regardless of the wrongdoer's conduct. Moreover, this ruling reflects a basic principle of tort law - to make a plaintiff whole again - and accords with the different way animals, as property, are treated in the criminal arena. Thus, the court agreed with Kimes that allowing a pet owner to recover reasonable and necessary costs related to the treatment of an animal wrongfully injured is an appropriate measure of damages. |
Case |
| Boulahanis v. Prevo's Family Market, Inc. | 230 Mich.App. 131 (1998) | 583 N.W.2d 509 (Mich.App.,1998) | Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not Michigan standards. The United States Department of Agriculture elected not to address E. coli contamination, thus Michigan may not impose liability on manufacturers for not addressing possible E. coli contamination. | Case |
| Colombia, Resolución 002341, 2007 | Resolution 002341 de 2007 sets parameters and requirements with the goal of guaranteeing the efficiency of the different processes that are part of the system of production of cattle for slaughter, while taking into account the livestock’s health and safety. Some of the topics that this resolution regulates include registration of production farms, requirements of the farming facilities, animal health and biosafety, veterinary medicines good practices, animal feeding good practices, farm and livestock transportation personnel, animal welfare and animal transportation. | Administrative | ||
| MS - Hunting - § 49-7-68. Computer-assisted remote hunting | Miss. Code Ann. § 49-7-68 | MS ST § 49-7-68 | This Mississippi law makes it a Class I offense a person to engage in computer-assisted remote hunting. It is also unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state. | Statute |
| IL - Protected species - Article II. Game Protective Regulations. | 520 I.L.C.S. 5/2.1 to 2.5a; 520 I.L.C.S. 5/2.36a | IL ST CH 520 § 5/2.1 to 2.5; § 5/2.36a | This collection of statutes provides that the title of all wild birds and mammals rests with the state. A new section in 2011 vests the Department of Natural Resources with the ability to control the possession and release of species deemed exotic or invasive. Other sections concern the possession of certain wild birds and animals. Possession of any listed wild bird or its parts (including the eagle) is illegal under the statute, except for the bona fide scientific or zoological exhibition. | Statute |