Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Travis v. Murray | 977 N.Y.S.2d 621 (Sup. Ct. 2013) | 2013 N.Y. Slip Op. 23405, 42 Misc. 3d 447, 2013 WL 6246374 (N.Y. Sup. Ct. 2013) |
A short, childless marriage ended in a custody battle over a dachshund after one spouse allegedly took the dog while the other spouse was away on a business trip. After reviewing the progression of the law in New York and in other states, the court decided to apply a “best for all concerned” standard and to give the parties a full, one-day hearing. The plaintiff’s motion to order the defendant to return the couple's dog and to be awarded “sole residential custody” of the dog was therefore granted. |
Case | |
| Trimble v. State | 848 N.E.2d 278 (Ind., 2006) | 2006 WL 1413089 (Ind., 2006) |
In this Indiana case, the defendant was convicted after a bench trial of cruelty to an animal and harboring a non-immunized dog. On rehearing, the court found that the evidence was sufficient to show that defendant abandoned or neglected dog left in his care, so as to support conviction for cruelty to an animal. The court held that the evidence of Butchie's starved appearance, injured leg, and frost bitten extremities was sufficient to allow the trial judge to discount Trimble's testimony and infer that Trimble was responsible for feeding and caring for Butchie, and that he failed to do so. |
Case | |
| Triumph Foods, LLC v. Campbell | --- F.Supp.3d ----, 2024 WL 421994 (D. Mass. Feb. 5, 2024) | This case was brought by a group of pork producers and farmers to challenge the Massachusetts' Prevention of Farm Animal Cruelty Act on the grounds that it violates the dormant Commerce Clause by improperly regulating interstate commerce. The Act would require pork producers to phase out certain means of pig confinement in order to sell pork products in Massachusetts. In response, the state filed a motion to dismiss arguing that there is no causally connected harm to the pork producers, which the court denied. The court first evaluated the slaughterhouse exemption, which exempts sales from the requirement that they must take place within Massachusetts if the buyer takes physical possession of the pork while on the premises of an establishment inspected under the Federal Meat Inspection Act. Plaintiff argued that as an out-of-state pork processor, it could not take advantage of this exemption, even though it operates entirely federally inspected facilities, because it ships its product into Massachusetts from out-of-state and, its buyers do not take physical possession of its product while at its facilities. The court found that this exemption has a discriminatory effect, and vacated the order in part to allow the court to consider whether the Act with the slaughterhouse exemption severed is preempted by the Federal Meat Inspection Act. | Case | ||
| Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy | Myanna Dellinger | 41 Colum. J. Envtl. L. 395 (2016) | Contracts that are considered “unsavory,” “undesirable,” “at war with the interests of society,” or “in conflict with the morals of the time” may be declared unenforceable for reasons of public policy regardless of whether or not any underlying legislation provides that the contractual conduct is illegal. Allowing wealthy individuals to kill some of the very last few specimens of rare species has become so distasteful to so many members of the general public that the time has come for courts to declare such contracts unenforceable for reasons of public policy. This Article demonstrates how this may be accomplished. The Article also examines the wildlife-protective capabilities of the public trust doctrine and the closely related state ownership of wildlife doctrine. These doctrines add further weight to the contractual argument, but also operate as stand-alone protective doctrines in lawsuits against government entities. To be able to present any of these arguments to a court of law, standing is a hurdle, but one that can be overcome. This Article highlights how this might be done. | Article | |
| Trummer v. Niewisch | 792 N.Y.S.2d 596 (N.Y., 2005) |
A woman fell from a horse during a riding lesson when her horse was frightened. The woman brought claims against the riding facility and riding instructor for negligence. The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed reasoning horses becoming frightened is an inherent risk when riding. |
Case | ||
| TThe Game is Afoot: Constitutionalizing the Right to Hunt and Fish in the Tennessee Constitution | Jeffrey Omar Usman | 77 Tenn. L. Rev. 57 (Fall, 2009) |
This article explores the constitutionalization of hunting and fishing rights and, considered within that context, the role of state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on ancient Rome, England, and the American colonies. Next, it directs attention to the existing status of hunting and fishing rights under the federal and state constitutions, including the dramatic surge in the constitutionalization of hunting and fishing rights since the mid-1990s and the reason for this surge. The article then explores the legal effect of these state constitutional hunting and fishing rights provisions and addresses the likely legal impact of Tennessee's proposed hunting and fishing rights amendment. The article concludes by considering whether this type of right is appropriate for enshrinement in a state constitution. In doing so, it explores the role of a state constitution in the modern federal system. |
Article | |
| TThe Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective (Appendix 2 | Lorraine Poole | Faculty of Laws, University of Malta |
This Appendix accompanies the thesis from Malta entitled, "The Regulation and Protection of Animals Kept for Companionship: A Critical Analysis and Comparative Perspective." |
Article | |
| Tulloch v. Melnychuk | 1998 CarswellAlta 573 |
In this case, the Plaintiff seeks damages from the Defendants for trespass to chattels. She alleged that the Defendants shot her valuable dog. The Defendants countered that they were justified in shooting the dog since it was on their land chasing and worrying their cattle contrary to the Stray Animals Act, R.S.A. 1980, c. S-23, Part 3. Here, the court found credible the testimony from the defendant cow-operator that the dog was chasing a lame cow to the point where the cow was exhausted. The action by plaintiff was dismissed. |
Case | ||
| Tuman v. VL GEM LLC | Slip Copy, 2017 WL 781486 (S.D.N.Y. Feb. 27, 2017) |
In this case, Tuman sued the owners of her apartment complex, VL GEM LLC and GEM Management Partners LLC, after the apartment complex refused to allow her to keep an emotional support dog in her apartment to help her deal with her post-traumatic stress disorder. Truman argued that she was discriminated against after she requested a “reasonable accommodation” for her disability, in violation of the Fair Housing Act (FHA). The defendants argued that Truman failed to provide sufficient medical documentation of her need for the support dog and therefore were not liable for discrimination under the FHA. The court found that Truman was able to establish a disability under FHA by showing that her PTSD “causes her to have severe anxiety and difficulties with socialization.” The court held that this satisfied the requirement under the FHA that the disability must “substantially limit one or more major life activities.” Since Truman qualified as disabled under the FHA, the court turned to whether or not she had provided the apartment complex with sufficient documentation and notice. Ultimately, the court found that Truman had provided the apartment with sufficient documentation because she provided them with a note from her doctor stipulating that Truman needed an accommodation in order to cope with her disability. Lastly, the court found that the apartment complex knew of Truman’s disability and request for an accommodation and still refused to allow her to have a dog, which resulted in a violation under the FHA. As a result, the court found for Truman. |
Case | ||
| Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets | Dick Russell | Defenders of Wildlife (www.defenders.org) |
The article discusses the history of the tuna and dolphin story, beginning with an explanation of the nets and techniques used to catch tuna, the development of laws to protect dolphins, and the dolphin-safe tuna issue. |
Article |