Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Initiative and Referendum Institute v. Herbert | 549 U.S. 1245 (2007) | 450 F.3d 1082 (S.Ct. 2007) |
Motion of Western Wildlife Conservancy, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. |
Case |
| AK - Conversation - Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation. | AS § 03.05.011, § 03.05.013, § 03.05.050, § 03.05.090, § 03.05.100 | AK ST § 03.05.011, § 03.05.013, § 03.05.050, § 03.05.090, § 03.05.100 | This set of Alaska laws sets forth the powers of the commissioner of environmental conservation. Additionally, the commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title. The penalties for violation of provisions under this chapter are also described. | Statute |
| Campbell v. Supervalu | 2007 WL 891682 (N.D.Ind.) | North District Court of Indiana dismissed a claim that Federal Meat Inspection Act (FMIA) preempted the plaintiff's state law claims. While a past court decision held that FMIA preempted state attempts to regulate meat inspection, this case was distinguishable because the suit focused on an alleged act of negligence that fell outside inspection of meat and because the state is not placing additional or different requirements then those set by FMIA. | Case | |
| Milke v. Ratcliff Animal Hospital, Inc. | 120 So.3d 343 (La.App. 2 Cir., 2013) | 48,130 (La. App. 2 Cir. 7/10/13) | This is an action for veterinary malpractice brought against a veterinarian and veterinary clinic, as well as an action for improper delay and bad faith dealing against the insurer of the veterinary clinic. Plaintiff brought this case after their 6-month old puppy died in the post-operative period following neutering surgery. Defendant veterinarian and clinic could not provide an exact cause of death, and the malpractice insurer that plaintiff was referred to denied plaintiff's malpractice claim. The district court granted summary judgment in favor of defendants, and plaintiff appealed. On appeal, the court found that the veterinarian and clinic did not commit malpractice and the insurer did not act in bad faith, and affirmed the judgment of the lower court. | Case |
| NY - Breed - § 3421. Homeowners' liability insurance; dogs | McKinney's Insurance Law § 3421 | NY INS § 3421 | This New York law provides that, with respect to homeowners' insurance policies, no insurer shall refuse to issue or renew, cancel, or charge or impose an increased premium or rate for such policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds. This law does not prohibit an insurer from refusing to issue or cancel such insurance where a dog of any breed or mixed breeds has been declared a dangerous dog. | Statute |
| Animals and the Law |
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Policy | ||
| LA - Cruelty - § 89. Crime against nature | LSA-R.S. 14:89 | This Louisiana law makes it a crime against nature to engage in "unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal." This results in a penalty of a fine of not more than two thousand dollars, and imprisonment, with or without hard labor, for not more than five years, or both. In 2018, the legislature added a new section dedicated to sexual abuse of animals. | Statute | |
| MARILYN DANTON v. ST. FRANCIS 24 HOUR ANIMAL HOSPITAL, P.C. a Washington professional services corporation (UBI 602-029-072); an | This Washington case involves plaintiff's suit against defendant animal hospital for the escape of her cat while the cat was being boarded at the hospital. Plaintiff sued for simple negligence with a presumption of res ipsa loquitur and breach of bailment contract. With regard to damages, plaintiff pleads intrinsic value of "Moochie," which includes as component the emotional distress suffered by plaintiff. Following a six-person jury trial, the jury returned a verdict in favor of plaintiff on her negligence and breach of contract claims in a total amount of $2,500.00 | Pleading | ||
| CA - Cruelty - § 597.4. Selling or giving away live animals on any street, highway, | West's Ann. Cal. Penal Code § 597.4 | CA PENAL § 597.4 | This California statute makes is unlawful (with exceptions) to sell or give away, as part of a commercial transaction, a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. The first violation is an infraction punishable by a fine up to $250. However, if the animal suffers, is injured, or its life or health is endangered, then the person is guilty of a misdemeanor. | Statute |
| Missouri v. Holland | 40 S.Ct. 382 (1920) | 252 U.S. 416 (1920) |
This was a bill in equity brought by the State of Missouri to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of July 3, 1918, c. 128, 40 Stat. 755, and the regulations made by the Secretary of Agriculture in pursuance of the same. The ground of the bill is that the statute is an unconstitutional interference with the rights reserved to the States by the Tenth Amendment. While the court recognized the states' province to act in traditional matters of fish and game, the migratory nature of wild birds makes them the proper subject of treaty. As noted by the Court, "[t]he subject matter is only transitorily within the State and has no permanent habitat therein." The Court found the treaty was a proper exercise of constitutional authority where a national interest was implicated (i.e., "the protectors of our forests and our crops") and could only be protected by national action in concert with another power. |
Case |
