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Displaying 6111 - 6120 of 6639
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| BARKING HOUND VILLAGE, LLC., et al. v. MONYAK, et al. | 299 Ga. 144, 787 S.E.2d 191 (Ga., 2016) | S15G1184, 2016 WL 3144352, (Ga. June 6, 2016) | In 2012, Plaintiffs Robert and Elizabeth Monyaks took their dogs Lola and Callie, for ten days to a kennel owned by Defendants Barking Hound Village, LLC (“BHV”) and managed by William Furman. Callie, had been prescribed an anti-inflammatory drug for arthritis pain. However, three days after picking up their dogs from BHV, Lola was diagnosed with acute renal failure and died in March 2013.The Monyaks sued BHV and Furman for damages alleging that while at the kennel Lola was administered toxic doses of the arthritis medication prescribed for Callie. BHV and Furman moved for summary judgment on all the Monyaks' claims asserting that the measure of damages for the death of a dog was capped at the dog's fair market value and the Monyaks failed to prove that Lola had any market value. The Court of Appeals concluded that the proper measure of damages for the loss of a pet is the actual value of the dog to its owners rather than the dog’s fair market value. The court stated that the actual value of the animal could be demonstrated by reasonable veterinary and other expenses incurred by its owners in treating injuries, as well as by other economic factors. However, evidence of non-economic factors demonstrating the dog's intrinsic value to its owners would not be admissible. The Supreme Court of Georgia reversed in part and held that the damages recoverable by the owners of an animal negligently killed by another includes both the animal's fair market value at the time of the loss plus interest, and, in addition, any medical and other expenses reasonably incurred in treating the animal. The Supreme Court reasoned that “[t]he value of [a] dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown.” The Supreme Court also affirmed the Court of Appeals in part and found no error in the court's determination that Georgia precedent does not allow for the recovery of damages based on the sentimental value of personal property to its owner. | Case | |
| Dehart v. Town of Austin | 39 F.3d 718 (7th Cir. 1994) | 1994 U.S. App. LEXIS 30106 |
The breeder was in the business of buying, breeding, raising, and selling of exotic and wild animals. The town passed an ordinance making it unlawful to keep certain wild animals, and the breeder filed suit challenging the constitutionality of a local ordinance. On appeal, the court affirmed the grant of summary judgment in favor of the town because: (1) the ordinance was not preempted by the Animal Welfare Act; (2) the ordinance was not an impermissible attempt to regulate interstate commerce in violation of the Commerce Clause; and (3) the town did not deprive him of his property interest in his federal and state licenses without due process. |
Case | |
| NM - Licenses - Chapter 77. Animals and Livestock. | N. M. S. A. 1978, § 77-1-15.1 | NM ST § 77-1-15.1 | This New Mexico statute provides that every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. License fees shall be fixed by the responsible municipality or county. Further, pursuant to this statute, every municipality and each county shall provide for the impoundment of rabies-suspect animals. | Statute | |
| ME - Fish and Wildlife Management Research - Chapter 925. Fish and Wildlife Management and Research | 12 M. R. S. A. § 12701 to 12708 | ME ST T. 12 § 12701 to 12708 | The following statutes give the Maine Commissioner of Inland Fisheries and Wildlife the authority to make regulations for hunting, fishing, trapping or other public use of any wildlife management area or wildlife sanctuary. These statutes also provide civil and criminal penalties for violating the rules regulating state-owned wildlife management areas, state game farms, and scientific permits, while also detailing prohibited activity in wildlife sanctuaries. Additionally, these statutes also reveal the wildlife management areas and wildlife sanctuaries that are under the commissioner's authority. | Statute | |
| SC - Disaster - South Carolina Emergency Operation Plan (Annex 17) | Annex 17/ESF 17 | The South Carolina Emergency Management Division (SCEMD) is the state agency with the responsibility for the development, coordination, and maintenance of the South Carolina Emergency Operations Plan, Hurricane Plan, Earthquake Plan, Terrorism Plan and other selected plans. Annex 17 is the main document covering animals in disaster situations for the state. | Administrative | ||
| In re: JAMES JOSEPH HICKEY, JR., d/b/a S & H SUPPLY CO., AND JERRY R. BRANTON | 53 Agric. Dec. 1087 (1994) | 1994 WL 657129 (U.S.D.A.) | Respondents' failure to file timely answer, or deny allegations of complaint, constituted admission of complaint allegations and waiver of hearing, irrespective of respondents' contention that they were justified in not filing answer because ALJ did not rule on respondents' motions to sever, strike and make more definite and certain, since Department's rules of practice do not alter time for filing answer when such motions are filed. | Case | |
| OH - Fur - Chapter 1533. Hunting; Fishing. Fur Dealers | R.C. § 1533.23 - 1533.27 | OH ST § 1533.23 - 1533.27 | Under these Ohio statutes regulating fur dealers, no person may deal in or buy green or dried furs, skins, or parts taken from fur-bearing animals of the state without a fur dealer's permit. Fur dealers are also required to keep a daily record. | Statute | |
| U.S. v. St. Pierre | 578 F.Supp. 1424 (D. S.D. 1983) |
Defendant challenged his felony indictment under the MBTA after selling an "invitation stick" that contained golden eagle feathers. The court held that the act encompasses migratory birds parts, not just whole birds so the indictment would stand. However, in a unique decision it held that the imposition of a felony conviction would violate due process where the statute does not specify any degree of intent. As a result, the court said it would sentence defendant under the misdemeanor provision of the statute if convicted. For further discussion on the intersection of the intent component of the MBTA with the BGEPA, see Detailed Discussion of Eagle Act . |
Case | ||
| MI - Constitutional Provisions - Michigan Natural Resources Trust Fund | M. C. L. A. Const. Art. 9, § 35 | MI CONST Art. 9, § 35 | The trust fund consists of all bonuses, rentals and royalties collected or reserved by the state under provisions of leases for the extraction of nonrenewable resources from state owned lands. | Statute | |
| CO - Wildlife - Rules for Possession of Terrestrial Wildlife. | 2 CO ADC 406-0:006 to 0:009 | 2 CCR 406-0:006 to 0:009 | This set of regulations comprises the Colorado Department of Natural Resources general rules for the importation, transportation, possession, and release of terrestrial wildlife. | Administrative |