Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Lawrence v. North Country Animal Control Center, Inc | 126 A.D.3d 1078, 5 N.Y.S.3d 558 (N.Y. App. Div. 2015) | 2015 WL 919734 (N.Y. App. Div. 2015) | Plaintiffs adopted a basset hound from animal control despite the fact that the dog had been turned over by a prior owner to be euthanized. The basset hound, who attacked the plaintiffs on three different occasions without injury, attacked plaintiffs' other dog. When one plaintiff tried to separate the dogs, the basset hound attacked him. Defendant removed the basset hound from the home that same day and refused to return the dog to the plaintiffs. Plaintiffs commenced this action seeking to recover damages for injuries, asserting causes of action for, among other things, negligence, fraudulent misrepresentation, products liability and intentional infliction of emotional distress. On appeal from the New York Supreme Court decision, the appellate court found that under the circumstances, issues of fact exist as to whether plaintiffs reasonably relied on defendants' misrepresentation and whether plaintiffs could have discovered the dog’s dangerous nature with due diligence. The appellate court also found that the contract clause at issue did not preclude plaintiffs from recovering for negligence because it did not “advise the signor that the waiver extended to claims that might arise from the defendant's own negligence.” The appellate court did, however, find that plaintiffs did not satisfy the “rigorous ... and difficult to satisfy requirements for a viable cause of action for intentional infliction of emotional distress.” The court also found that sanctions were not warranted. | Case |
| IL - Education - Act 112. Dissection Alternatives Act | 105 ILCS 112/1 - 112/99 | IL ST CH 105 § 112/1 - 112/99 | This comprises Illinois' Dissection Alternatives Act. The act requires the State Board of Education to make guidelines that give notice to parents and students on which courses ordinarily involve dissection of animals and whether or not alternative projects for learning are available. A school may excuse a student enrolled in a course in which students are ordinarily expected to perform, participate in, or observe dissection who objects for any reason to performing, participating in, or observing that dissection and instead allow the student to complete an alternative project. The act defines "student" as those pupils at a public or private elementary or secondary school in Illinois. No student is to be penalized or discriminated against for refusing to perform, participate in, or observe dissection. | Statute |
| IA - Hunting, interference - 481A.125. Intentional interference with lawful hunting, fishing, or fur-harvesting | I. C. A. § 481A.125 | IA ST § 481A.125 | This law reflects Iowa's hunter harassment provision. Under the law, a person interferes with hunting, fish, or fur-harvesting activities when he or she: intentionally places him or herself in a location where his or her presence affects the behavior of the game thereby affecting the feasibility of taking the animal; intentionally creates a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of the animal to harass or obstruct the hunter; or alters the condition or placement of the hunter's personal property to obstruct that person. A first offense is a simple misdemeanor; a second or subsequent offense is a serious misdemeanor. | Statute |
| Anderson v. Evans | 314 F.3d 1006 (9th Cir. 2002) | 55 ERC 1481, 2 Cal. Daily Op. Serv. 12,197, 2002 Daily Journal D.A.R. 14,605 |
Concerned citizens and animal conservation groups brought an action against United States government, challenging the government's approval of quota for whale hunting by Makah Indian Tribe located in Washington state. On appeal by the plaintiffs, the Court of Appeals held that the failure of the government to prepare an Environmental Impact Statement before approving a whale quota for the Makah Tribe violated National Environmental Policy Act (NEPA). The court also found that the Marine Mammal Protection Act (MMPA) applied to tribe's proposed whale hunt, as the proposed whale takings were not excluded by the treaty with the tribe. |
Case |
| 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 |
| Nichols v. Sukaro Kennels | 555 N.W.2d 689 (Iowa, 1996) | 61 A.L.R.5th 883 (1996) |
During a stay at defendant kennel, the kennel owner's dog tore off plaintiff's dog's left front leg and shoulder blade. Plaintiff's petition sought damages to compensate for the injuries and suffering the dog incurred and the loss of aesthetic intrinsic value of the dog. In upholding the district court's denial of damages for emotional injury and mental suffering, the Court of Appeals rejected plaintiff's argument for damages based on the intrinsic value of a pet for the negligent injury to the dog. |
Case |
| Chile - Wildlife - Decreto 531, 1967 | Decreto 531, 1967 (125338) | This Decreto ratifies The Convention for the Protection of Flora, Fauna, and Natural Scenic Beauty of the Americas, signed in Washington on October 12, 1940. | Statute | |
| CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. | West's Ann. Cal. Fish & G. Code § 2116 - 2203 | CA FISH & G § 2116 - 2203 | The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals. It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. The act defines "wild animal" and classifies them by species. Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned. | Statute |
| State v. Cochran | 365 S.W.3d 628 (Mo.App. W.D., 2012) | 2012 WL 1499893 (Mo.App. W.D.) |
Prompted by a phone call to make a return visit to the defendant's house, the Missouri Department of Agriculture and Animal Control were asked, by the defendant, to wait at the door. After waiting by the door for some time, the officers discovered the defendant in the backyard, where she housed at least eleven dogs, trying to remove dog excrement from a pen and trying to remove ice from dog bowls. After further investigation, the defendant was charged with one count of animal abuse and with one count of violating a city ordinance for failure to vaccinate. At the trial, the defendant was convicted on both accounts. On appeal, however, the defendant was found guilty of animal abuse, but was cleared from the ordinance violation. |
Case |
| People v. Bergen | 883 P.2d 532 (Col. Ct. App. Div. III 1994) |
Defendant, a journalist, attempted to film a dogfight for an investigative story on dogfighting following the passage of a Denver ordinance forbidding the ownership of bull terriers (pitbulls). Defendant videotaped two separate fights and dogs "training" by running on treadmills. After the story aired, public outcry lead to a police investigation as to the source of the dogfighting footage, which lead to the arrest of the defendant and her cameramen for dogfighting and perjury.
|
Case |