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Displaying 1 - 10 of 6638
Title Citation Alternate Citation Agency Citation Summary Type
Daskalea v. Washington Humane Soc. 275 F.R.D. 346 (D.C., 2011) 2011 WL 3555761 (D.C., 2011)

Pet owners sued after their pets were seized, detained, injured, or destroyed by the Humane Society. Pet owners’ attempts to certify a class failed because the claims were not typical. The members of the proposed class allegedly suffered a wide range of deprivations, were provided with different kinds of notice, and claimed distinct injuries. The class certification motion was also denied because the proposed members sought individualized monetary relief.

Case
Honeycutt v. State Farm Fire & Casualty Co. 890 So.2d 756 (2nd Cir. 2004)

A driver hit a cow standing in the road and the driver brought suit against the cow's owner and the owner's insurance agency.  The trial court held in favor of the driver and the Court of Appeals affirmed based upon the doctrine of res ipsa loquitor.

Case
Service Animal Trainer Access Laws

As of 2023, only three (3) states do not have laws that grant trainers of service animals access to public establishment.

State map
TX - Hunting - Subchapter B. Seasons and Limits. § 64.011. Eagle. V. T. C. A., Parks & Wildlife Code § 64.011 TX PARKS & WILD § 64.011 This section of the Texas code prohibits the killing of a golden or Mexican brown eagle except by permit (refers to the permit to kill wildlife that is threatening agricultural interests or public safety). Statute
Kangas v. Perry 620 N.W.2d 429 (Wis. 2000)

Plaintiff, a passenger of a horse-drawn sled sued the owner of the property on which the accident occurred, as well as the owner of the horses and the sled for the injuries she suffered when thrown from the sled.   The Court of Appeals found that the equine immunity statute provided protection for the owner of the horse against tort liability.   The plain language of the statute provides that immunity from civil liability is available to all persons , “ including an equine activity sponsor or equine professional…”; thus, protection is not limited only to those who are sponsors or professionals, rather they are examples of types of people to whom the statute applies.

Case
Pine v. State 889 S.W.2d 625 (Tex. App. 1994).

Mens rea in cruelty conviction may be inferred from circumstances. With regard to warrantless seizure, the Fourth Amendment does not prohibit seizure when there is a need to act immediately to protect and preserve life (i.e. "emergency doctrine").

Case
U.S. v. Winddancer 435 F.Supp.2d 687 (M.D.Tenn., 2006) 2006 WL 1722432 (M.D.Tenn.)

This matter comes before the court on a Motion to Dismiss the Indictment filed by the defendant. The defendant, Ed Winddancer, was indicted on six counts relating to possessing and bartering eagle feathers and feathers plucked from other migratory birds. Winddancer did not have standing to challenge the manner in which the MBTA has been administered against him, because applying for a permit under the MBTA would not have been clearly futile. With regard to the BGEPA, the court found that defendant showed that the BGEPA substantially burdens his ability to possess eagle feathers. However, the court found that he did not show that his desire to possess the feathers arises from a sincere religious belief. Further, the court found that the government indeed has a compelling interest in protecting the bald and golden eagle, especially since there is no reasonable forensic method by which law enforcement can determine if a bird was accidentally or intentionally killed, killed a hundred years ago, or killed yesterday.

Case
FL - Education - 1003.47. Biological experiments on living subjects West's F. S. A. § 1003.47 FL ST § 1003.47 This Florida law provides guidelines for use of animals in K-12 instruction. It prohibits surgery or dissection on any living mammalian vertebrate or bird (vivisection). While dissection may be performed on nonliving subjects, students may be excused from this upon written request from a parent. In addition, any live animals on the premises of public and private elementary, middle, and high schools shall be housed and cared for in a humane and safe manner. If any instructional employee of a public high school or career center knowingly or intentionally fails or refuses to comply with any of the provisions of this section, the district school board may suspend, dismiss, return to annual contract, or otherwise discipline such employee as provided in the law. Statute
IN - Spay, neuter - Chapter 4. Spay-Neuter Requirement for Animal Care Facilities IC 15-20-4-1 - 5 IN ST 15-20-4-1 - 5 This Indiana chapter added in 2016 concerns the spay-neuter requirements for animal care facilities. Beginning July 1, 2021, except as provided in this chapter, a companion animal shall be spayed or neutered before adoption from an animal care facility. Statute
US - Eagle - Endangered and Threatened Wildlife and Plants; Reopening of Comment Period 1995 WL 121178 (F.R.)

The U.S. Fish and Wildlife Service (Service) is reopening the comment period on the bald eagle reclassification proposal for thirty days. On July 12, 1994, the Service proposed reclassifying the bald eagles of the lower 48 States as threatened, except those already listed as threatened and those of the Southwestern Recovery Region and Mexico. The bald eagles of the Southwestern Recovery Region were proposed to remain listed as endangered. The Service also proposed classifying bald eagles in Mexico as endangered; they are not currently listed as endangered or threatened. Specific public comment was solicited on the status of bald eagles in the Southwest and Mexico and the distinctness of those eagles as a separate population.

New information indicates that the Southwestern and Mexican bald eagles may not warrant a classification as endangered. The Service is making available for public review and comment information recently received about bald eagles of the Southwestern Recovery Region.

Administrative

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