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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
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
Lee v. State 973 N.E.2d 1207 (Ind.App. 2012) 2012 WL 3775862 (Ind.App. 2012)

An attendant of a dog fight was convicted of a Class A misdemeanor under section 35-46-3-4 of the Indiana Code. On appeal, the defendant-appellant argued that the statute was unconstitutionally vague and that the statute invited arbitrary law enforcement, which violated the Due Process clause of the U.S. Constitution. Though the appeals court found the defendant-appellant had waived her constitutional claims by not filing a motion at the bench trial, the appeals court found her claims lacked merit. The defendant-appellant’s conviction was therefore upheld.

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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
Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n 99 S.Ct. 3055 (1979) 443 U.S. 658 (1979)

The United States initiated an action seeking an interpretation of Indian fishing rights under treaties with Indian tribes of the Pacific Northwest.  The Court held that the language of the treaties securing a "right of taking fish . . . in common with all citizens of the Territory" was not intended merely to guarantee the Indians access to usual and accustomed fishing sites and an "equal opportunity" for individual Indians, along with non-Indians, to try to catch fish, but instead secures to the Indian tribes a right to harvest a share of each run of anadromous fish that passes through tribal fishing areas.  Thus, an equitable measure of the common right to take fish should initially divide the harvestable portion of each run that passes through a "usual and accustomed" place into approximately equal treaty and nontreaty shares, and should then reduce the treaty share if tribal needs may be satisfied by a lesser amount.  The Court also held that any state-law prohibition against compliance with the District Court's decree cannot survive the command of the Supremacy Clause, and the State Game and Fisheries Departments, as parties to this litigation, may be ordered to prepare a set of rules that will implement the court's interpretation of the parties' rights even if state law withholds from them the power to do so.

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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
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
LaPorte v. Associated Independents, Inc. 163 So.2d 267 (Fla. 1964)

Respondent was a corporation engaged in the garbage collection business.  One of its employees maliciously hurled an empty garbage can at plaintiff's pet pedigreed dog, who was tethered at the time, killing it.  The issue before the court was the reconsideration not of  the issue of liability, but for determination only of compensatory and punitive damages.  The court stated that it was obvious from the facts that the act performed by the representative of the respondent was malicious and demonstrated an extreme indifference to the rights of the petitioner. Having this view, there was no prohibition of punitive damages relative to awarding compensation for mental pain, as would be the case if there had been physical injury resulting only from simple negligence.  The court went on to say that the restriction of the loss of a pet to its intrinsic value in circumstances such as the ones before us is a principle we cannot accept and that the malicious destruction of the pet provides an element of damage for which the owner should recover, irrespective of the value of the animal because of its special training.

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Friends of Blackwater v. Salazar 691 F.3d 428 (D.C. Cir. 2012) 2012 WL 3538236 (D.C. Cir. 2012)

In 1985, after scientists had found only 10 living squirrels, the Virginia northern flying squirrel was listed as endangered under the ESA. In 2006, after scientists had captured 1,063 squirrels, the FWS went through the procedure to delist the squirrel. Friends of Blackwater filed a complaint against the Secretary of Interior in district court, challenging the Secretary's rule to delist the squirrel. Subsequently, the Secretary of Interior appealed the district court's grant of summary judgment. The D.C. circuit court of appeals reversed the district court's decision, holding that the Secretary's determination the West Virginia Northern Flying Squirrel was no longer endangered was neither arbitrary and capricious nor in violation of the Act.

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CA - Euthanasia - § 599d. Policy of state regarding adoptable and treatable animals West's Ann. Cal. Penal Code § 599d CA PENAL § 599d This law provides that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. (Editor's note: The law was part of SB 1785 (the Hayden Act) that expanded the holding time for companion animals and the duties of pounds and shelters who act as depositories for lost or stray animals). Statute

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