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Title Citation Alternate Citation Summary Type
IA - Ordinances - 331.381. Duties relating to services I. C. A. § 331.381 IA ST § 331.381 This Iowa statute states that the county board shall provide for the seizure, impoundment, and disposition of dogs in accordance with chapter 351. Statute
Com. v. Linhares 957 N.E.2d 243 (Mass.App.Ct., 2011) 80 Mass.App.Ct. 819 (2011); 2011 WL 5517133 (Mass.App.Ct.)

Defendant intentionally hit a duck with his car and was convicted of cruelty to animals. The conviction was upheld by the Appeals Court because all that must be shown is that the defendant intentionally and knowingly did acts which were plainly of a nature to inflict unnecessary pain. Specific intent to cause harm is not required to support a conviction of cruelty to animals.

Case
Humane Society of the United States v. Kempthorne 579 F.Supp.2d 7 (D.D.C. 2008) 68 ERC 1146 (2008)

Environmental and wildlife organizations brought challenge under the Endangered Species Act [ESA] against a final rule promulgated by the U.S. Fish and Wildlife Service [FWS] designating the Western Great Lakes distinct population segment of gray wolves and simultaneously delisting it from the ESA.  The court vacated and remanded the Rule to the Fish and Wildlife Service because the ESA was ambiguous about whether it authorized the FWS to simultaneously designate and delist a distinct population segment.  There was no Chevron deference due.

Case
White v Diocese of Buffalo, N.Y 138 A.D.3d 1470 (N.Y. App. Div. 2016) 2016 WL 1710974 (N.Y. App. Div. 2016) Plaintiff, Rosemary White brought action against the Defendant, Sacred Heart Roman Catholic Church seeking damages for injuries she sustained when she was bitten by a priests’ dog, at premises owned by the church. White brought the action claiming negligent supervision and retention of the priest who owned dog. The church moved to dismiss, and White moved for summary judgment. The New York Supreme Court, Erie County, granted the church's motion for dismissal, and denied White’s motion. White appealed and the New York Supreme Court, Appellate Division, held that the church was not liable for negligent supervision or retention of the priest. The Appellate Division, reasoned that the Supreme Court, Erie County, properly granted the church’s motion to dismiss White’s complaint for failure to state a cause of action. The Court stated that to the extent White alleged a theory of negligent supervision and retention of the priest in her bill of particulars, the “purpose of the bill of particulars is to amplify the pleadings . . . , and [it] may not be used to supply allegations essential to a cause of action that was not pleaded in the complaint.” Therefore, the order from the Supreme Court was affirmed. Case
KY - Lien, veterinary - 376.470 Veterinarian's lien KRS § 376.470 KY ST § 376.470 This Kentucky law states that any licensed veterinarian who performs professional services for an animal, by contract with, or by the written consent of, the owner or authorized agent shall have a lien on the animal to secure the cost of the service provided. The priority for the liens filed under this law is based upon when the first lien was filed. Statute
US - Funding State - Pittman-Roberson Act (Chapter 5B. Wildlife Restoration) 16 USC 669 - 669l The Pittman-Robertson Wildlife Restoration Act authorizes the Secretary of the Interior to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects. However, no money shall be expended until the state in question assents to the provisions of this chapter and has passed laws for the conservation of wildlife, which includes a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of the fish and game department. Statute
Gibson v. Rezvanpour 601 S.E.2d 848 (Ga. 2004) 268 Ga. App. 377 (Ga. 2004)

The prospective buyer of a home was bitten by the homeowner's dog.  The prospective buyer filed a claim against the homeowners, real estate agents, real estate brokers and the real estate agency.  The State Court entered summary judgment in favor of Defendants and the Court of Appeals affirmed the decision.

Case
Doris Day Animal League v. Veneman 315 F.3d 297 (D.C. Cir. 2003) Animal rights group brought action challenging validity of regulation exempting breeders who sell dogs from their residences from licensure under Animal Welfare Act. The United States District Court for the District of Columbia, Colleen Kollar-Kotelly, J., held that regulation was invalid, and appeal was taken. The Court of Appeals, Randolph, Circuit Judge, held that regulation was reasonable interpretation of Congressional intent. Case
MD - Housing - Subtitle 8. Pet Protections MD Code, Real Property, § 14-801 - 806 MD REAL PROP § 14-801 - 806 This subtitle applies to an action for possession of real property filed on or after November 1, 2023. In addition, by October 1, 2023, the Department of Agriculture shall develop and publish on its website a fact sheet that provides information about how a person may care for and protect any pets in the event the person is evicted or loses possession of the person's property. When possession of real property is delivered to a landlord following an eviction or other described action, law enforcement or other official must immediately inspect the premises for any pet and provide that pet to the tenant. If the tenant is not present, that official must contact an animal shelter or animal rescue to take possession of the pet along with contact information of the former tenant. Statute
ZooCats, Inc. v. U.S. Dept. of Agriculture 417 Fed.Appx. 378(5th Cir. 2011) This petition followed a final order of the Secretary of the United States Department of Agriculture (USDA) ordering ZooCats, Inc. to cease and desist from violating the Animal Welfare Act (AWA), and revoking ZooCats's animal exhibitor license. ZooCats argued on appeal that the Secretary erred in extending certain filing deadlines, erred in determining certain audio tapes were inadmissible evidence, and erred in determining that ZooCats did not qualify as a “research facility” under the AWA. Addressing each of these claims, the 5th Circuit held that the Administrative Law Judge had broad discretion to manage its docket to promote judicial economy, efficiency, and to protect the interests of the parties. The Sixth Circuit further found that even if the tapes were admissible, failure to admit the tapes would be a harmless error because there was substantial evidence in the record supporting the agency's determination that ZooCats wilfully violated the AWA. Finally, the 6th Circuit held ZooCats was not a research facility under the AWA because it had not researched, tested, or experimented in the almost ten years since it registered as a research facility. The 6th Circuit therefore denied Petitioner’s petition. Case

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