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Title Citation Alternate Citation Agency Citation Summary Type
Rotunda v. Haynes 33 Misc.3d 68 (App. Term 2011) 933 N.Y.S.2d 803, 75 UCC Rep.Serv.2d 808, 2011 N.Y. Slip Op. 21360 The plaintiff in this case filed suit against the defendant, a dog breeder, to recover medical fees after receiving a dog that had a “severe genetic heart defect.” The dog was purchased by a third party and given to plaintiff as a gift. The court in this case held that the plaintiff was not entitled to damages under the General Business Law or the Uniform Commercial Code. The court held that the plaintiff was not entitled to damages under the General Business Law because the dog was not actually purchased by plaintiff. In addition, the plaintiff was not entitled to recover under the Uniform Commercial Code because plaintiff was unable to establish “privity with the defendant or personal injuries arising from the alleged defect,” which are required in order to recover damages. The judgment was affirmed. Case
US - AWA - Part 2. Regulations. Subparts A to I 9 C.F.R. § 2.1 to .134 This set of the regulations sets out the requirements and process for licensing and registration of dealers, exhibitors and research facilities. Administrative
ID - Dog, property - Chapter 28. Dogs. I.C. § 25-2807 ID ST § 25-2807 This Idaho statute states that dogs are considered property. It further provides that no entity of state or local government may by ordinance or regulation prevent the owner of any dog from protecting it from loss by the use of an electronic locating collar. Statute
CA - Horse slaughter - § 598d. Sale of horsemeat for human consumption West's Ann. Cal. Penal Code § 598d CA PENAL § 598d This statute prohibits the sale of horsemeat for human consumption. No restaurant, cafe, or other public eating place may offer horsemeat for sale for human consumption. A first time violation is a misdemeanor. Statute
Dorman v. Satti 678 F.Supp. 375 (D.Conn.,1988) The federal district court here considered the constitutionality of Connecticut’s Hunter Harassment Act (Conn.Gen.Stat. Section 53a-183a) of 1985. The plaintiff was arrested under the Act after she approached hunters who were hunting waterfowl in public lands adjacent to her property and attempted to verbally dissuade them from hunting. The charge was ultimately dismissed, but plaintiff brought a Section 1983 action to adjudicate the constitutionality of the Act. In finding the Act unconstitutionally vague and overbroad, the Court found that it criminalized constitutionally protected speech. Specifically, the Court found that the Act failed to define “interference” and did not adequately limit the reach of “acts in preparation” to hunt.

Case
Friends of Animals v. Salazar 670 F.Supp.2d 7 (D.D.C., 2009) 2009 WL 3953578 (D.D.C.)

Friends of Animals (“FOA”) filed a Complaint against the U.S. Fish and Wildlife Service under the ESA and APA seeking declaratory and injunctive relief. At issue is the petition FOA filed with the FWS in January 2008 to list thirteen species of foreign macaws, parrots and cockatoos as threatened or endangered due to the caged pet bird trade. In July 2009, FWS placed on public inspection at the Federal Register its 90-Day Finding for the Thirteen Species and also moved to dismiss FOA's lawsuit as moot. While the Court held that FOA's substantive claims must be dismissed, it considered FOA's argument that an award of fees and costs is appropriate here because its suit served as the “catalyst” for FWS's subsequent remedial actions. The Court allowed FOA to file a motion for fees and costs and defendants to respond to such motion.

Case
Ecuador - Animal rights - Civil Code CÓDIGO CIVIL Even though the constitution has indirectly granted animals rights as they are part of nature, they continue to be categorized as movable objects by the civil code. However, the most recent reform to the civil code is from 2005, meaning the current civil code still needs to be updated to comply with the 2008 constitution and subsequent constitutional court decisions. Article 585 defines movable objects as those that can be transported from one place to another, either by their force, like animals (which is why they are called “semovientes”), or by an external force, like inanimate things. Article 639 states that “domestic animals are subject to domain” (or complete ownership). It is important to note that the bill for animal welfare is currently in the hands of the National Assembly. Changing the categorization of animals in the civil code to “sentient beings” is one of the many topics regulated by this bill. Statute
WV - Lien - § 38-11-4. Lien of bailee of animals or vehicles W. Va. Code, § 38-11-4 WV ST § 38-11-4 This West Virginia law (as it relates to animals) states the a person who keeps a livery stable, or boarding stable for animals, or one who boards, pastures, feeds or trains animals for hire, has a lien upon such animals for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping of such animals. This lien exists even though such animals are permitted to be taken out of the possession of the one claiming such lien even if the contract has not yet terminated for the lien. The purchaser of such an animal, while out of the possession of the person claiming the lien, can take the property free of the lien unless he or she had actual notice of the lien at the time of purchase. Statute
EU - Research - Directive 2010.63.EU Directive 2010/63/EU Directive 2010/63/EU revises Directive 86/609/EEC on the protection of animals used for scientific purposes. It aims to replace, reduce and refine the use of animals in research procedures by using alternative approaches. The directive applies to live non-human vertebrate animals, including independently feeding larval forms and foetal forms of mammals in the last trimester, and live cephalopods. The directive also applies to animals used in procedures, which are at an earlier stage of development than that referred to above, if the animal is to be allowed to live beyond that stage of development and, as a result of the procedures performed, is likely to experience pain, suffering, distress or lasting harm after it has reached that stage of development. It also sets out provisions for risk-based inspections and lays down minimum care standards. Statute
US - Pets Evacuation and Transportation Standards Act of 2006 - Chapter 68. Disaster Relief 42 U.S.C.A. § 5196 - 5196d The FEMA Administrator is directed to develop emergency preparedness plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency. The Administrator must also ensure that state and local emergency preparedness plans take into account the needs of such individuals. The Administrator may make financial contributions to the States and local authorities for animal emergency preparedness purposes to accommodate people with pets and service animals. Statute

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