Results

Displaying 41 - 50 of 6101
Title Citation Alternate Citation Agency Citation Summary Type
US - Lacey Act - Conspiracy Statute 18 USC § 371 If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor. Statute
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
Collier v. Zambito 1 N.Y.3d 444 (N.Y. 2004)

Infant child attacked and bit by dog when he was a guest in the owner's home.  After defenses motion for summary judgment was denied, the Appellate Court reversed, and this court affirms.

Case
CA - Hunting, Internet - § 3003. Internet hunting and associated activities. Cal. Fish & Game Code §3003 Cal. Fish & Game Code Ann. § 3003 (West)

This statute prohibits Internet hunting in the State of California. Under the law, it is unlawful to own or operate a shooting range or site for the purpose of online shooting or spearing of an animal. It is also unlawful to create, maintain, or utilize an Internet Web site, or other service or business in this state, for the purpose of online shooting or spearing of a bird or mammal.

Statute
Klobnak v. Wildwood Hills, Inc. 688 N.W.2d 799 (Iowa 2004) 2004 WL 2534344 (Iowa 2004)

Plaintiffs brought suit against a ranch after their car struck two of the ranch's horses on the highway.  The trial court dismissed holding no duty of care was breached by the ranch because Iowa no longer had a statute prohibiting animals from roaming.  The Supreme Court of Iowa reversed reasoning that a duty of ordinary care still exists.

Case
IL - Ordinances - 5/24. Powers of municipalities and other political subdivisions to regulate dogs and other animals 510 I.L.C.S. 5/24 IL ST CH 510 § 5/24

This Illinois statute provides that nothing in the Animal Control Act shall be held to limit the power of any municipality to prohibit animals from running at large, nor shall anything in this Act be construed to limit the power of any municipality to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation or ordinance is specific to breed .

Statute
CA - Damages - Injuries to animals; exemplary damages West's Ann. Cal. Civ. Code § 3340 CA CIVIL § 3340

Exemplary damages may be given for injuries to animals committed in disregard of humanity either willfully or through gross negligence.

Statute
Boulahanis v. Prevo's Family Market, Inc. 230 Mich.App. 131 (1998) 583 N.W.2d 509 (Mich.App.,1998) Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not Michigan standards. The United States Department of Agriculture elected not to address E. coli contamination, thus Michigan may not impose liability on manufacturers for not addressing possible E. coli contamination. Case
In Defense of Animals v. Cleveland Metroparks Zoo 785 F.Supp. 100 (N.D. Ohio, 1991)

This case involves a challenge by several organizations to the proposed move of Timmy, a lowland gorilla, from the Cleveland Metroparks Zoo to the Bronx Zoo in New York for the purposes of mating Timmy with female gorillas at the Bronx Zoo. Plaintiffs filed this lawsuit on October 25, 1991, in the Court of Common Pleas of Cuyahoga County, and moved for a temporary restraining order.  The District Court held that the claim was preempted under the Endangered Species Act (ESA) and the Animal Welfare Act (AWA) and that plaintiffs failed to state a claim under the ESA.  Further, the court held that plaintiffs had no private cause of action under the AWA. 

Case
US - Pets and housing - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities. 24 C.F.R. § 5.350 to .380

This set of HUD regulations set forth the mandatory pet rules for housing programs. The procedure for the development of pet rules is outlined as well as pet rule violation procedures. One rule states that an applicant for tenancy in a project for the elderly or persons with disabilities may reject a unit offered by a project owner if the unit is in close proximity to a dwelling unit in which an existing tenant of the project owns or keeps a common household pet. The rules also contemplate protection of the pet by allowing project owners to contact state or local authorities to remove the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner.

Administrative

Pages