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Title Citation Alternate Citation Summary Type
Sentencia 09333-2022-00667T - Ecuador Proceso No. 09333-2022-00667T This is the case of four cats (Luna, Manchas, Sonic, and Tiger) and two dogs (Pantera and Noah) that were inside the properties seized by the authorities in a drug trafficking case. Attorney Kevin Prendes Vivar filed a habeas corpus petition for the animals' caretaker, stating that the animals were illegally kept by the "Technical Secretary of Real Estate Management of the Public Sector" or "Inmobiliar," the government agency that seized the properties. The claimant argued that in accordance with the Constitutional Court decision 253-20-JH/22 (Estrellita case), the companion animals in the case are subjects of rights, that were left unattended, exposing them to potential health and well-being concerns, given their emotional attachment to their caretakers. The provincial court of Guyanas granted the habeas corpus, holding that animals are subjects of rights, finding that Inmobiliar had violated the animals' rights by considering them seizable personal property. Case
Franciscus v. Sevdik 2016 PA Super 52 (Feb. 29, 2016) 2016 WL 787905 Five-year-old Femina asked the dog walker, Ms. Dailey, if she could pet Julius, the pit bull. When she bent over to do so, the dog jumped up and bit her on the chin. The Plaintiffs, Mr. and Mrs. Franciscus commenced this negligence action to recover damages for injuries sustained by their daughter, Femina. They filed the action against Mr. Sevdik, the owner of the dog, Ms. Dailey, the dog walker, and Mr. Steigerwald, the individual owner and operator of Fetch Pet Care of West Hills/South Hills. The Superior Court of Pennsylvania held that summary judgment granted by the trial court in favor of Ms. Dailey and Fetch Pet Care was improper. The Court reasoned that the dog was entrusted to these Defendants by Mr. Sevdik and the dog was in their control when the injury occurred. Since the Defendants knew the dog jumped on people, was to be muzzled when walked, and was not to be walked along routes where there were people, specifically children and other dogs, they had a duty to use reasonable care to protect others from harm while the dog was in their control. While the court stated it did not need to reach the issue of whether the trial court erred in refusing refusing to take judicial notice of dangerous propensities of pit bulls, it noted that Pennsylvania law does not recognize a presumption that pit bulls as a breed are dangerous or have dangerous propensities. The order was vacated and the case was remanded. Case
In re: OTTO BEROSINI. 54 Agric. Dec. 886 (1995) 1995 WL 560811 (U.S.D.A.) Congress has authority under Commerce Clause (Art I, § 8, cl 3) to give Department of Agriculture authority to regulate interstate activities within purview of Animal Welfare Act (7 USCS §§ 2131 et seq.), including activities of animal exhibitors. Case
CT - Municipalities - Power to Regulate C. G. S. A. § 7-148 CT ST § 7-148 This Connecticut statute allows municipalities to prohibit dogs running at large and to prevet animal cruelty; this statute also prohibts municipalities from adopting breed specific legislation. Statute
SC - Hunting - § 50-1-137. Impeding or obstructing hunting, trapping, fishing, or harvesting of marine Code 1976 § 50-1-137 SC ST § 50-1-137 In South Carolina, it is unlawful for a person wilfully to impede or obstruct another person from lawfully hunting, trapping, fishing, or harvesting marine species. Any person violating the provisions of this section is guilty of a misdemeanor. Statute
Horse Issues

Equine Activity Liability

Horse Laws

Horse Racing and Trainer Liability

Policy
McDonald v. Ohio State Univ. Veterinary Hospital 644 N.E.2d 750 (Ohio Ct.Cl., 1994) 67 Ohio Misc.2d 40 (1994)

After defendant filed a stipulation admitting liability for a botched surgery on defendant's show dog that ultimately led to euthanization, a trial was held as to the issue of damages.  Evidence adduced at trial showed that "Nemo" had been trained by plaintiff as a Schutzhund or "sport dog" in Schutzhund schooling.  The court noted that while dogs are considered personal property in Ohio and market value is the standard award for such personal property, market value in this case was merely a "guideline."  In addition to the loss of the specially trained dog, the court also found significant the loss of stud fees for the dog and potential future gains in sustaining the trial court's award of $5,000 in damages.  

Case
Supreme Decree 001-2017-MIMP, 2017 - Peru 001-2017-MIMP This law aims to further regulate and promote the use of guide dogs for the visually impaired, including veterinary care for the dogs, certification and registration of their guide dog status, training, and conditions of use. Statute
Ctr. for Biological Diversity v. Haaland 639 F. Supp. 3d 1355 (Ct. Int'l Trade 2023) No. 22-00339, 2023 WL 3994447 (Ct. Int'l Trade June 14, 2023) A small porpoise called the vaquita is on the verge of extinction, largely due to gillnet fishing of the totoaba fish that commonly traps and kills vaquitas as well. This fishing takes place in waters in Mexico’s territory, where the last few vaquitas live. In 2020, under the Marine Mammal Protection Act (MMPA), the United States banned the importation from Mexico of seafood products caught with gillnets inside the vaquita’s range. The Center for Biological Diversity, the Animal Welfare Institute, and the Natural Resources Defense Council, Inc. (Plaintiffs) brought this lawsuit in 2022 against the Secretary of the U.S. Department of the Interior Deb Haaland and the U.S. Department of the Interior (Defendants). Plaintiffs argue that Defendants caused an unlawful delay responding to a 2014 letter requesting that Secretary of the Interior certify the embargo against Mexico in order to curb the fishing of the totoaba, as doing otherwise diminished the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by furthering the extinction of the vaquita. Plaintiffs also requested an order enjoining defendants from further delay in responding to the petition to certify Mexico, and costs and attorneys’ fees associated with the lawsuit. After settlement negotiations took place, parties reached a conditional settlement, and Secretary Haaland certified to the President that the fishing of totoaba by Mexican nationals and related killing of vaquita diminishes the effectiveness of CITES. It remains unclear whether Mexico has made progress in implementing the plan to save the vaquita, whether CITES is being implemented effectively by Mexico, and whether the President will act on the Secretary’s certification. After confirming that the Secretary of the Interior certified Mexico pursuant to the settlement agreement, parties entered into a voluntary dismissal and the court dismissed the lawsuit. Case
EU - Farming - Council Directive 2007/43/EC laying down minimum rules for the protection of chickens kept for meat production 2007/43/EC

Community measures regulate the management of holdings that rear chickens for meat production in order to improve animal welfare, particularly for chickens kept on intensive farms.

Statute

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