Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Molenaar v. United Cattle Co. | 553 N.W.2d 424 (Minn.App., 1996) |
Plaintiff livestock owner sued defendant livestock owner for conversion after defendant knowingly took both its heifers and plaintiff's heifers from a livestock holding facility that defendant was suing for breach of contract. The District Court entered judgment after a jury verdict in favor of plaintiff but granted judgment notwithstanding verdict (JNOV) to defendant on punitive damages. The Court of Appeals held that punitive damages could be awarded even though defendant did not suffer personal injury and the evidence was sufficient to find defendant liable for conversion. This case established that a litigant may recover punitive damages for conversion of property if the conversion is in deliberate disregard of the rights or safety of others. |
Case | ||
| Winingham v. Anheuser-Busch, Inc. | 859 F.Supp. 1019 (1994) |
Ostrich owners sued to recover actual and exemplary damages, attorney fees, costs and interests for gross negligence after an airship flew over their property at low altitude, which frightened interfered with the ostriches’ breeding. The District Court held that: (1) allegations of fright and temporary loss of libido failed to allege compensable injury absent proof of physical injury; and (2) owners were not entitled to recover speculative value of unborn offspring; and (3) absent actual damages, exemplary damages could not be awarded. |
Case | ||
| State v. Butler | 175 N.H. 444, 293 A.3d 191 (2022) | 2022 WL 4488304 (N.H. Sept. 28, 2022) | Defendant Kevin Butler was convicted of criminal negligence after he left his dog inside a parked vehicle for 45 minutes when the temperature was over 90 degrees outside. The charge came after a neighbor noticed a dog in the vehicle that was "scratching at the windows and the door" and appeared to be in distress. After calling the police, an animal control officer removed the animal from the unlocked car and transported the distressed dog to a local veterinary clinic. At trial, the defendant testified that he was out running errands on a "very hot" day, and asked his son to get the dog out of the car as Defendant's hands were full. An important phone call distracted him from following up on the dog's removal and only after the police knocked on his door did he realize the dog must still be in the car. On appeal here, Defendant contends that the evidence was insufficient to establish the mens rea of criminal negligence for both charges. The State must prove that a defendant “fail[ed] to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct" and that this risk constitutes a gross deviation from conduct performed by a reasonable person. Here, the court found that the record supports the trial court's conclusion that the defendant failed to become aware of a substantial and unjustifiable risk that the dog would overheat in the car and that his failure to perceive this risk constituted a gross deviation from reasonable care. The temperature was high that day, the car was parked in direct sunlight with all the windows up, and the dog was left for around an hour. The fact that Defendant relied upon his 8-year-old son to remove the dog under these circumstances constituted a gross deviation from reasonable care. This was not "mere inattention" as Defendant claimed. The conviction was affirmed. | Case | |
| NH - Commercial breeders - art Agr 1704. Operating Standards Relative to Commercial Kennels | NH ADC Agr 1704.01 - 10 | N.H. Code Admin. R. Agr 1704.01 - 10 | These New Hampshire regulations address minimum standards at commercial animal facilities. The regulations cover general aspects (i.e., housing must be structurally sound and maintained in good repair) as well as more specific aspects related to indoor heating/cooling and ventilation requirements. The sizing and construction of primary enclosures and minimal feeding requirements are described. | Administrative | |
| Salzer v. King Kong Zoo | 773 S.E.2d 548 (N.C. Ct. App. July 7, 2015) | 242 N.C. App. 120, 2015 WL 4081841 (N.C. Ct. App. July 7, 2015) | The Plaintiffs appeal from an order granting dismissal of their complaint for lack of subject matter jurisdiction. In 2014, Plaintiffs filed a civil suit under North Carolina's anti-cruelty "citizen suit" provision, N.C. Gen.Stat. § 19A–1, against King Kong Zoo. Plaintiffs contended that the zoo kept animals in "grossly substandard" conditions. King Kong Zoo is an Animal Welfare Act (“AWA”) licensed exhibitor of wild and domestic animals. The district court granted Defendants' motion to dismiss for lack of subject matter jurisdiction, finding that the applicable law here is the AWA and “N.C. Gen.Stat. § 19A–1 ... has no application to licensed zoo operations.” On appeal, this Court found in a matter of first impression that the AWA does not expressly preempt claims under N.C. Gen.Stat. § 19A. Instead, the AWA "empowers Section 19A to work in conjunction with the AWA." The Court also found no conflict of law that would preclude bringing the action. The matter was reversed and remanded to the Cherokee County District Court for determination consistent with this opinion. | Case | |
| FL - Sterilization - Chapter 823. Public Nuisances | West's F. S. A. § 823.15 | FL ST § 823.15 | This Florida law declares that it is the public policy of the state that every feasible means be used to reduce the incidence of birth of unneeded and unwanted puppies and kittens. In furtherance of this policy, provision shall be made for the sterilization of all dogs and cats sold or released for adoption from any public or private animal shelter or animal control agency by either providing sterilization by a licensed veterinarian before relinquishing custody of the animal or entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed within 30 days or prior to sexual maturity. All costs of sterilization pursuant to this section shall be paid by the prospective adopter unless otherwise provided for by ordinance of the local governing body or provided for by the humane society governing body. | Statute | |
| CA - Veterinary - Chapter 11. Veterinary Medicine. | West's Ann. Cal. Bus. & Prof. Code § 4800 - 4920_8 | CA BUS & PROF § 4800 - 4920.8 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| Hendricks v. Barlow | 656 N.E.2d 481 (Ind. 1995) | 656 N.E.2d 481 (Ind. 1995) |
Landowners were held in violation of a zoning regulation, established under a Hendricks County ordinance, which forbade having wild animals residing on residential property. The trial court held that the county could not pass such a law, since it would be preempted by state and federal law. However, on appeal, this Court found that federal (the AWA) and state law did not preempt the County from passing such ordinances. The trial court erroneously attempted to interpret the law when it was not ambiguous, and, thus, preemption by state and federal law should not have been found. Thus, the zoning regulation was permitted. |
Case | |
| IN RE: ROSIA LEE ENNES | 45 Agric. Dec. 540 (1986) | 1986 WL 74679 (U.S.D.A.) | Civil penalty of $1,000 against unlicensed dealer was appropriate under 7 USCS § 2149(b), and greater penalty could have been requested where although moderate size of kennel suggested modest penalty, selling hundreds of dogs without license over 40-month period was grave violation of Animal Welfare Act, violations were not committed in good faith since dogs were knowingly and intentionally sold without license after receiving 4 warnings, and even though dealer thought mistakenly that Department would not prosecute her for such violations and there was no history of previous violations, the hundreds of violations proven were sufficient to warrant severe sanction. | Case | |
| ME - Police Animal - § 164-B. Immunity from civil liability for assistance given to law enforcement dogs, search and rescue | 14 M.R.S.A. § 164-B | This Maine law gives immunity from damages to an emergency medical services person, a security services dog handler or a law enforcement officer who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person, security services dog handler or law enforcement officer. | Statute |