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| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Statute Amendments 2023 | Topic Table | ||||
| Quesada v. Compassion First Pet Hosps | No. A-1226-19, 2021 WL 1235136 (N.J. Super. Ct. App. Div. Apr. 1, 2021) | In this unpublished case, plaintiff’s cat “Amor” was euthanized after being diagnosed with heart failure disease and saddle thrombus. At the hospital, plaintiff was visibly affected by the death of his cat, who he was allowed to say goodbye to. Plaintiff also talked and sang to Amor’s body until the body was retrieved. Plaintiff was informed that during the procedure Amor had bitten one of the nurses and that state law required a brain tissue sample to rule out rabies. Plaintiff informed the veterinarian of his wish to display Amor's body for viewing prior to cremation in two different instances. Neither the procedure or alternative procedures were explained to the plaintiff. At the body’s viewing, the plaintiff discovered that his cat had been decapitated. Plaintiff became extremely emotional after discovering his cat’s head had been disposed of as medical waste. As a result of the decapitation, plaintiff developed several severe mental health issues. Plaintiff filed a claim alleging negligent infliction of emotional distress, negligence, and bailment. The case was dismissed for Plaintiff’s failure to state a claim upon which relief may be granted. Plaintiff appealed the decision alleging that the lower court had mistakenly applied the standard of the bystander negligent infliction of emotional distress, instead of a direct liability claim and error in dismissing his remaining negligence and bailment claims. The court agreed with the plaintiff and reversed the dismissal and remanded for further proceedings. On the count of negligent infliction of emotional distress, the court held that plaintiff’s claim did not fall under the "bystander" liability as his severe emotional distress arose after the passing of his cat and upon seeing his cat's decapitated body. Additionally, the court stated that plaintiff’s “emotional reaction combined with the fact that defendant was twice on notice that plaintiff intended to have a viewing of his cat's body prior to cremation established that defendants owed plaintiff a duty.” Defendants breached this duty by being on notice of plaintiff emotional distress and failing to properly inform plaintiff of the typical procedure of decapitating the cat for rabies testing, inform him of alternative testing procedures, and failing to request that the cat's head be returned after decapitation and prior to the showing. Suffering of plaintiff’s illnesses was still to be determined. The court found that the plaintiff “had pleaded a direct claim of negligent infliction of emotional distress sufficient to withstand a motion to dismiss for failure to state a claim.” A claim of bailment had also been appropriately pleaded since plaintiff had given defendants control of his cat's body and defendant returned it in a damaged condition. | Case | ||
| LA - Rabies Immunization- Chapter 1. Anti-Rabies Vaccination Requirements for Dogs and Cats | 51 LA ADC Pt III, § 101 to 111 | La. Admin Code. tit. 51, pt. III, § 101 to 111 | These regulations are Louisiana's rabies provisions. Under the chapter, a person is prohibited from keeping a dog, cat, or ferret over the age of three months that has not been vaccinated against rabies by a licensed veterinarian. | Administrative | |
| AK - Unalaska - Title 12: Animal Control (Chapter: 12.04: Animal Control) | Unalaska Code of Ordinances §§ 12.04.020, 12.04.150, 12.04.160 | Under this Unalaska, Alaska ordinance, a person who owns a seeing-eye dog, a hearing aid dog, or other aid dog is exempt from the license fees. Furthermore, this ordinance exempts such dogs from provisions that prohibit animals from entering certain places as long as the owner carries proper documentation certified by a recognized aid dog institution. | Local Ordinance | ||
| World Law |
The Animal Legal & Historical Center houses laws, cases, and scholarly discussions on animal law topics from across the globe. See the different ways to access materials from different countries and regions below. |
Policy | |||
| NC - Hotels - § 72-7.1. Admittance of pets to hotel rooms | N.C.G.S.A. § 72-7.1 | N.C.G.S.A. § 72-7.1, NC ST § 72-7.1 | This North Carolina laws states that innkeepers may permit pets in rooms used for sleeping purposes and in adjoining rooms. Persons bringing pets into a room in which they are not permitted are in violation of this section and punishable according to subsection (d). All sleeping rooms in which the innkeeper permits pets must contain a sign posted in a prominent place in the room stating that pets are permitted in the room. | Statute | |
| State v. Chilinski | 330 P.3d 1169 (Mont. 2014) | 2014 MT 206, 2014 WL 3842953 (Mont. 2014) | After a call reporting the poor health of over 100 dogs at a large Malamute breeding operation and the recruitment of the Humane Society of the United States, including several volunteers, to help execute a warrant, defendant was charged with one misdemeanor count of cruelty to animals and 91 counts of felony cruelty to animals pursuant to § 45–8–211, MCA. Defendant was convicted by a jury of 91 counts of animal cruelty and sentenced to the Department of Corrections for a total of 30 years with 25 years suspended. A prohibition from possessing any animals while on probation was also imposed on the defendant, as well as an order to forfeit every seized dog and all puppies born after the execution of the warrant. On appeal to the Supreme Court of Montana, defendant argued the District Court erred in denying his motion to suppress the evidence obtained from the search on Fourth Amendment grounds. The Supreme Court held, however, that the search warrant authorizing seizure of “any and all dogs” and “any and all records pertaining to dogs” was not impermissibly overbroad; that the participation by civilian volunteers and Humane Society personnel in execution the warrant was not prohibited by the Fourth Amendment or the Montana Constitution; and that the use of civilian volunteers to assist in execution of search did not violate defendant's right to privacy. The Supreme Court therefore held that the lower court did not err in denying the motion to suppress the evidence. Next, the defendant argued that the District Court abused its discretion when it improperly determined that the results of an investigation of his kennels in 2009 were irrelevant pursuant to M.R. Evid. 403. The court, however, agreed with the District Court, despite defendant's claim that 2009 inspection would show that the poor conditions of the kennels and the dogs in 2011 were justified due to economic hardship and health issues. Finally, defendant argued that the District Court was not authorized to order forfeiture of the defendant’s dogs that were not identified as victims of animal cruelty. The Supreme Court, however, held that the statute authorizing forfeiture of “any animal affected” as part of sentence for animal cruelty did not limit forfeiture of defendant's dogs to only those that served as basis for underlying charges, nor did it implicate the defendant's right to jury trial under the Apprendi case. The Supreme Court therefore held that the District Court did not abuse its discretion in requiring the defendant to forfeit all of his dogs. The lower court’s decision was affirmed. | Case | |
| State v. Davidson | Slip Copy, 2006 WL 763082 (Ohio App. 11 Dist.), 2006-Ohio-1458 |
In this Ohio case, defendant was convicted of 10 counts of cruelty to animals resulting from her neglect of several dogs and horses in her barn. On appeal, defendant argued that the evidence was insufficient where the prosecution witness did not state the dogs were "malnourished" and said that a couple were reasonably healthy. The appellate court disagreed, finding that defendant mischaracterized the veterinarian's testimony and that there was no requirement to prove malnourishment. Further, the dog warden testified that she did not find any food or water in the barn and that the animals' bowls were covered with mud and feces. |
Case | ||
| Rosche v. Wayne Feed Div. Continental Grain Co. | 447 N.W.2d 94 (1989) | 152 Wis.2d 78 (1989) |
Pig breeder sought damages from feed manufacturer after pigs got sick, died, or became sterile after eating feed. The Court of Appeals held that jury should have been instructed that basic measure of damages for dead and injured livestock was based on market value of affected animals and did not include separate award for unborn litters. Failure to give proper instruction was prejudicial error that required a new trial on the issue of damages. |
Case | |
| IN - Cattle Slaughter - TAMIL NADU ANIMAL PRESERVATION ACT, 1958 | 10 of 1958 | The law, specific to the South Indian state of Tamil Nadu, prohibits the slaughter of bulls, bullocks, cows, calves, male and female buffaloes and buffalo calves without a certificate from the competent authority. The certificate shall be granted if the animal is over ten years old and is unfit for work or breeding, or if it has been permanently incapacitated for work. The Act also criminalizes injuring an animal in order to make it fit for slaughter. | Statute |