Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| India |
Introduction to the Indian Judicial System |
Topical Introduction | ||
| Giarrusso v. Giarrusso | --- A.3d ----, 2019 WL 1606351 (R.I. Apr. 16, 2019) | This Rhode Island Supreme Court case centers on a disagreement among former spouses concerning the ex-husband's visitation with their two dogs acquired during marriage. Before the Court is an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After review, the Court concluded that cause was not shown and affirmed the order of the Family Court. The couple entered into a Marital Settlement Agreement (MSA) formalizing the terms of the dissolution of Diane and Paul Giarrusso's marriage and giving Diane all title and interest to the dogs and Paul twice a week visitation. The weekly visitation proceeded according to the agreement for over a year, when Diane ceased allowing Paul's visits. Paul then filed a motion for post-final judgment relief citing breach of the agreement and Diane counterclaimed. A justice of the Family Court held a hearing on the issue, where each party testified and submitted associated texts and emails. In one recounted incident, a dog was missing for some time at Paul's house. Ultimately, the dog was found to be accidentally locked in a closet. At the conclusion of the hearing, Diane argued that the justice should withdraw approval for the MSA because Paul failed to care for the dogs and showed bad faith, while Paul argued that Diane had breached the terms. The hearing justice affirmed the visitation schedule of the MSA, denied Diane's requested relief, and awarded attorney fees to Paul. On appeal here, Diane argues that the hearing justice was "clearly wrong and overlooked material evidence when she found that Paul had acted in good faith." In particular, Diane contends that the dogs are chattel and Paul failed to provide safe conditions and return them to her in an undamaged condition. The Supreme Court held, in noting that the MSA retains the characteristics of a contract, that it would not overturn the hearing justice's determination in absence of mutual mistake in the contract (the MSA). There was no mutual mistake in the MSA's visitation provision and no basis for the hearing justice to conclude that the MSA needs to be reformed. Further, this court found no evidence of bad faith on Paul's part and that the hearing justice's findings were support by the evidence. Thus, it was not inequitable to enforce the visitation term in the MSA as written. The order of the Family Court was affirmed and the matter returned to Family Court. | Case | |
| MA - Initiatives - Question 3, 2000 (dog racing) | Question 3 (2000) | This Massachusetts ballot question asked voters in 2000 whether they wanted to prohibit in Massachusetts any dog racing where any form of betting or wagering on the speed or ability of dogs occurs. Any person violating the proposed law could be required to pay a civil penalty of not less than $20,000 to the State Racing Commission. The question failed with 49% voting "yes" and 51% voting "no" on the question. | Statute | |
| WV - Humane Slaughter - Article 2E. Humane Slaughter of Livestock. | W. Va. Code, §§ 19-2E-1 to 7 | WV ST §§ 19-2E-1 to 7 | The West Virginia humane slaughter provisions apply to livestock, defined as cattle, swine, sheep or goats. Humane methods of slaughtering livestock include those where the animal is rendered insensible to pain by a single blow, gunshot or by electrical, chemical or other means, or by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter by the simultaneous and instantaneous severance of the carotid arteries. The section provides a graduating scheme of penalties for violation; a first offense results in a misdemeanor punishable by a fine of $100 - $500; a second offense results in a misdemeanor with a fine of $500 - 1,000 and suspension of the license to do business as a slaughtering establishment until the facility is in compliance. | Statute |
| Canada - Dog, dangerous - Nova Scotia Municipal Government Act | S.N.S. 1998, c. 18, s. 174 - 179 | Certain sections (ss.175-179) of this Nova Scotia statute deal with dog ownership, and the consequences for failing to control a dog, or owning one who causes harm to people or property. | Statute | |
| NV - Washoe County - Chapter 55: Animals and Fowl (Sections 55.110; 55.390 - 55.450) | The Washoe County Code, Chapter 55: Animals and Fowl, §§ 55.110, 55.390 - 55.450 (2012) |
These Washoe County, Nevada ordinances prohibit any person from keeping an animal unless the area in which the animal lives is kept clean and free of offensive odors and animal wastes. Additionally, these ordinances also require that any person who wishes to keep more than 3 adult dogs or 7 adult cats obtain a permit; permit requirement, exemption, and revocation or suspension provisions are also included, as are the penalties for violating these provisions. |
Local Ordinance | |
| Center for Biological Diversity v. Henson | Slip Copy, 2009 WL 1882827 (D.Or.) |
Defendants brought a motion to stay in an action brought by Plaintiffs seeking re-initiation of consultation under ESA with respect to the Oregon Department of Forestry’s Habitat Conservation Plan promulgated in 1995 and their Incidental Take Permit obtained in 1995, which allows incidental taking of Northern Spotted Owls for sixty years in connection with timber harvest in the Elliot State Forest. The United States District Court granted Defendants’ motion, finding that the potential harm and likelihood of damage to Plaintiffs if the action is stayed is low. The court also found that Defendants showed an adequate likelihood of hardship in having to go forward without a stay. The stay would likely result in the action ultimately becoming moot and/or at the very least greatly simplified, therefore saving judicial time and resources. |
Case | |
| Cat and Feral Cat Issues | Policy | |||
| Global Journal of Animal Law |
Global Journal of Animal LawFor more information about the Journal, see http://gjal.abo.fi/ |
Policy | ||
| Barney v. Pinkham | 45 N.W. 694 (Neb. 1890) | 29 Neb. 350 (Neb. 1890) |
Plaintiff was was the owner of a certain roan mare of the value of $200; that, on or about the 21st day of April, 1888, the said mare became and was sick with some disease then unknown to plaintiff in kind and character; that, at said date last aforesaid, and long prior thereto, the defendant claimed to be, and advertised and held himself out to the public to be, a veterinary surgeon, and asked to be employed as such in the treatment of sick and diseased horses. The court held that a veterinary surgeon, in the absence of a special contract, engages to use such reasonable skill, diligence, and attention as may be ordinarily expected of persons in that profession. He does not undertake to use the highest degree of skill, nor an extraordinary amount of diligence. In other words, the care and diligence required are such as a careful and trustworthy man would be expected to exercise. The case was remanded for determination of further proofs. |
Case |
