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Title Citation Alternate Citation Summary Type
UK - Pets - Abandonment of Animals Act 1960 1960 c. 43

For historical purposes only. Law has been repealed and/or replaced. An Act to prohibit the abandonment of animals in circumstances likely to cause unnecessary suffering thereto.

Statute
Wilkins v. Daniels Slip Copy, 2012 WL 6644465 (S.D.Ohio, 2012)

Various owners of exotic and wild animals filed a lawsuit in order to obtain a temporary restraining order and a permanent/preliminary injunction against the Ohio Department of Agriculture and its Director, David Daniels. The owners of the exotic and wild animals argued the Ohio Dangerous Wild Animals and Restricted Snakes Act, which the Ohio Department of Agriculture and its Director were trying to enforce, was unconstitutional. The district court denied the owners’ motion for obtain a temporary restraining order and a permanent/preliminary injunction reasoning that the exceptions to the Act’s ban on owning wild and exotic animals does not violate the owners’ freedom of association rights, that the legislature had a legitimate purpose so as to not violate procedural due process with regards to micro-chipping wild and exotic animals, and that the Act did not constitute an unconstitutional takings. Significantly, the court recognized that owners of wild and exotic animals have a limited or qualified property interest in said animals.

Case
In re: Jennifer Caudill 2013 WL 604009 (U.S.D.A. Feb. 1, 2013) Although the Complaint alleged that Caudill made false or fraudulent statements and/or provided false or fraudulent records to the Animal and Plant Health Inspection Service (APHIS), the emphasis in the Complaint suggested that primary reliance was being placed upon the more general determination of unfitness. The Complaint alleged that Respondents (collectively, including Caudill) engaged in activities designed to circumvent an order of the Secretary of Agriculture in revoking the Animal Welfare Act exhibitor's license previously held by Lancelot Kollman Ramos, and have acted as surrogates for Ramos. Caudill and Kalmanson were alleged to continue to act as Ramos's surrogates, and to facilitate the circumvention of his license revocation order. An Administrative Law Judge (ALJ) found factual support for termination on the grounds of false statements and providing false documents to be lacking. The AJL also found little support for the conclusion that Caudill in any way was operating as a surrogate for Ramos. The ALJ did find that although Caudill had initiated discussions with Ramos concerning the purchase of his animals prior to the effective date of his license revocation, her subsequent consummation of the transaction after his license had been revoked constitutes a violation of 9 C.F.R. § 2.132. In the end, however, the evidence was insufficient to find that Respondent Caudill was unfit to hold an AWA license or that maintenance of a license by her would in any way be contrary to the purposes of the Act Case
Drake v. Dean 15 Cal. App. 4th 915 (Cal.App.3.Dist. 1993) 15 Cal.App.4th 915 (Cal.App.3.Dist. 1993)

Plaintiff, engaged in religious solicitations, was knocked down by dog owner's pit bull on the defendant's driveway.  She argued that the superior court should have instructed on negligence in addition to strict liability.  The court agreed, finding that a negligence cause of action arises whenever there is insufficient control of a dog in a context in which it could be reasonably expected that injury could occur and injury did proximately result from the negligence.  Thus, the court reversed the decision for defendant dog owners.

Case
CA - Fishing, Sport - Sport Fishing Provisions West's Ann. Cal. Fish & G. Code § 7100 - 7400 CA FISH & G § 7100 - 7400

These provisions apply to the taking and possession of fish for any purpose other than commercial.  The provisions outline license requirements, bag limits and possession requirements for various types of fish, as well as enumerate certain sale and taking prohibitions.

Statute
AU - Cruelty - Prevention of Cruelty to Animals Act 1986 (VIC) Prevention of Cruelty to Animals Act 1986 (Version No. 080)

The purposes of this Act are to promote the responsible care and use of animals; provide standards for the care and use of animals that achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and to allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; to protect animals from unjustifiable, unnecessary or unreasonable pain; to ensure the use of animals for scientific purposes is accountable, open and responsible.

Statute
Humane Society v. Merriam 2007 WL 333309 (D.Minn.)

Minnesota allowed trapping and snaring activities. Plaintiffs sued the state, arguing that this policy was causing the death of some endangered Canada lynx, in violation of the Endangered Species Act. The plaintiffs and defendants had the case dismissed after they agreed that Minnesota would seek a permit from the Fish and Wildlife Service under the Endangered Species Act, and that conservation measures would be taken for the protection of the lynx.

Case
Amos v. State 478 S.W.3d 764 (Tex. App. 2015), petition for discretionary review refused (Nov. 18, 2015) 2015 WL 4043302 (Tex. App., 2015) A jury found appellant guilty of the offense of cruelty to a nonlivestock animal after he beat a Shih Tzu to death with a broom. After finding an enhancement paragraph true, the jury assessed Appellant's punishment at thirty-one months’ confinement. Appellant asserted five issues on this appeal: (1) the admission of a State's witness's recorded statement to the police, which the court overruled because the evidence was received without objection; (2) the denial of his motion to quash the indictment for failing to allege an offense, which the court overruled because the indictment tracked the statutory language; (3) the denial of six of his challenges for cause, which the court overruled because the venire members gave the defense counsel contradictory answers meaning the trial court could not abuse its discretion in refusing to excuse a juror; (4) the denial of his objection to the charge, which the court overruled because the jury charge tracked the statute’s language; and (5) the denial of his motion to suppress the dog’s necropsy, which the court overruled because the appellant had no intention of reclaiming the dog's body or her ashes and thereby relinquished his interest in them such that he could no longer retain a reasonable expectation of privacy and lacked standing to contest the reasonableness of any search. The lower court’s decision was therefore affirmed. Case
Williams v. Neutercorp (Unpublished) 1995 Tex. App. LEXIS 833 (Tex Ct. App. Apr. 20, 1995).

Appellant sought review of the order from the County Court dismissing appellant's lawsuit after it sustained the special exception filed by appellee company, appellee animal hospital, and appellee veterinarian in appellant's suit which alleged negligence and violations of the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code Ann. § 17.50.  The special execption is that the Veterinary Licensing Act, Tex. Rev. Civ. Stat. Ann. art. 8890, 18C, expressly provided that the DTPA did not apply in veterinary malpractice cases.The court affirmed the lower court's order dismissing appellant's suit against appellees because the lower court did not abuse its discretion by dismissing appellant's pleadings with prejudice, after the lower court sustained the special exception regarding the Deceptive Trade Practices-Consumer Protection Act, and after appellant refused to amend her pleading.

Case
Agreement APHIS v. FEI This agreement was entered into by APHIS and Feld Entertainment, Inc. (FEI). FEI is an exhibitor under the Animal Welfare Act and was issued non-compliance reports after numerous inspections. In this agreement, FEI paid $270,000 to the US Treasurer and had to develop and implement annual training to all of its personnel who worked with animals. The agreement also contains provisions that APHIS would not take action against FEI if FEI followed the agreement. Pleading

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