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Displaying 5861 - 5870 of 6637
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Joyce v Visser | [2001] TASSC 116 |
The appellant was convicted of failing to provide food and water to dogs who were chained to a spot. Citing the extreme nature of the neglect and the need for general deterrence, the trial judge sentenced the appellant to three months' imprisonment. On appeal, the appellate judge found the sentence to be manifestly excessive and reduced the sentence. |
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| Animal Protection Institute of America v. Mosbacher | 799 F.Supp 173 (D.C. 1992) |
Wildlife protection organizations, including the API, brought action against Secretary of Commerce to challenge permits for importing false killer whales and belugas for public display. Zoo association and aquarium seeking the whales intervened. The District Court the whale watchers had standing and the permits were not abuse of discretion. |
Case | |
| Town of Plainville v. Almost Home Animal Rescue & Shelter, Inc. | 182 Conn. App. 55 (Conn. App. Ct., 2018) | 187 A.3d 1174, 2018 WL 2191572 (Conn. App. Ct. May 15, 2018) | This is an appeal by the town of Plainville following the lower court's granting of defendant's motion to strike both counts of the plaintiffs' complaint. The complaint raised one count of negligence per se for defendant's failure to provide care for animals at its rescue facility. Count two centered on unjust enrichment for defendant's failure to reimburse the town for expenditures in caring for the seized animals. The facts arose in 2015 after plaintiff received numerous complaints that defendant's animal rescue was neglecting its animals. Upon visiting the rescue facility, the plaintiff observed that the conditions were unsanitary and the many animals unhealthy and in need of medical care. The plaintiff then seized 25 animals from defendant and provided care for the animals at the town's expense. Soon thereafter, plaintiffs commenced an action to determine the legal status of the animals and requiring the defendant to reimburse the town for care expenses. Prior to a trial on this matter, the parties reached a stipulation agreement that provided for adoption of the impounded animals by a third party, but contained no provision addressing reimbursement by the defendant to the town. Because there was no hearing on the merits of plaintiff's petition as to whether defendant had neglected or abused the animals for reimbursement under the anti-cruelty law, the court had no authority to order the defendant to reimburse the plaintiffs. Plaintiff then filed the instant action and the lower court held that each count failed to state a claim upon which relief can be granted. Specifically, the court held that, with respect to count one on negligence per se under § 53–247, the statute does not impose such liability on one who violates the law. Further, unjust enrichment is only available is there is no adequate remedy at law, and another law, § 22–329a (h), provides the exclusive remedy for the damages sought by the town. On appeal here, this court held that the court properly determined that the plaintiffs were not among the intended beneficiaries of § 53–247 and that that determination alone was sufficient to strike count one. The court found "absolutely no language in the statute, however, that discusses costs regarding the care of animals subjected to acts of abuse or neglect or whether violators of § 53–247 have any obligation to compensate a municipality or other party." Thus, plaintiffs could not rely upon § 53–247 as a basis for maintaining a negligence per se case against the defendant. As to count two, the court rejected plaintiffs' unjust enrichment claim. Because the right of recovery for unjust enrichment is equitable in nature, if a statute exists that provides a remedy at law, the equitable solution is unavailable. The court found that Section 22–329a provides a remedy for a municipality seeking to recover costs expended in caring for animals seized as a result of abuse and neglect. The stipulation agreement signed and agreed to by the parties contained no provision for reimbursement and settled the matter before there was an adjudication that the animals were abused or neglected. As a result, the judgment was affirmed. | Case |
| Hament v. Baker | 2014 VT 39, 97 A.3d 461 (Vt. 2014) | 2014 VT 39 | The custody of an eleven year old German wirehaired pointer was the central issue in this Vermont divorce case. While both parties testified to their strong emotional ties to the dog and to the care that each spouse provided, the Superior Court awarded custody to the husband. The wife appealed the Superior Court’s decision arguing that the court erred in refusing a joint arrangement, that the court’s finding was not supported by the evidence, and that this finding provided an arbitrary basis for award. On appeal, the Supreme Court of Vermont held that the family court division could consider factors not set out in 15 V.S.A. § 751(b); specifically, the welfare of the animal and the emotional connection between the animal and each spouse. The court found that both parties were afforded an opportunity to put on evidence regarding both factors without restriction in the Superior Court. The Supreme Court of Vermont also held that the Superior Court was correct in its statement that the family division could not enforce a visitation or shared custody order for companion animals. Unlike child custody matters, the court said, there is no legislative authority for the court to play a continuing role in the supervision of the parties with respect to the care and sharing of a companion animal. The Superior Court’s decision of awarding custody to the husband was therefore affirmed. | Case |
| TX - Dangerous - Subchapter E: Dangerous Wild Animals | V. T. C. A., Health & Safety Code § 822.101 - 116 | TX HEALTH & S § 822.101 - 116 | Chapter 822, Subchapter E regulates the keeping of dangerous wild animals. It imposes a registration requirement upon the owner of a dangerous wild animal and also sets forth insurance requirements. One thing to note is that Texas animal cruelty laws do not apply to these wild animals. | Statute |
| U.S. v. White | 508 F.2d 453 (8th Cir. 1974) |
Defendant was a member of a recognized Indian tribe who killed an eagle upon his reservation. The Court holds that it will not find an intent by Congress to abrogate Indian hunting rights under the BGEPA where the statute did not explicitly state that those rights were abrogated. For further discussion on abrogation of Indian treaty rights under the BGEPA, see Detailed Discussion of Eagle Act . |
Case | |
| Granger v. Folk | 931 S.W.2d 390 (Tex. App. 1996). |
The State allows for two methods of protecting animals from cruelty: through criminal prosecution under the Penal Code or through civil remedy under the Health & Safety Code. |
Case | |
| Sentencia C-439, 2011 | Sentencia C-439, 2011 | This is an unconstitutionality claim against Article 87 of Ley 769, 2002 (Trafic Code), relating the transportation of animals on vehicles of public transportation. Article 87 of Ley 769, established that only guide dogs could travel in this type of transportation when accompanying a blind person. The Plaintiff argued that this Article, which prohibited the transportation of animals on vehicles like buses and taxis, violated the right to equality, rights to personal and family privacy, right to free development of personality, freedom of locomotion, and private property. The court concluded that there was a violation to the right to free development of personality, freedom to locomotion, and to private property of the owners of domestic animals. The court added domestic animals as an exception to article 87, of Ley 769, meaning that this prohibition still remains for specimens of the wild fauna. Domestic animals now can travel on vehicles of public transportation, so long they are transported in conditions of health, safety, comfort and tranquility according to the applicable rules. The court also considered that a pertinent regulation was necessary to establish the requirements to transport animals on public vehicles. | Case | |
| WI - Dog - Consolidated Dog Laws | W. S. A. 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15 | WI ST 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15 | These Wisconsin statutes comprise the state's dog laws. Among the provisions include dog licensing provisions, hunting laws impacting dogs, and seizure of dogs by humane officers. | Statute |
| PA - Hunting - § 2302. Interference with lawful taking of wildlife or other activities permitted by this title prohibited | 34 Pa.C.S.A. § 2302 | PA ST 34 Pa.C.S.A. § 2302 | This reflects Pennsylvania's hunter harassment law. It is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title. Violation of this section is a summary offense of the second degree. A person adversely affected by prohibited activities may bring an action to restrain such conduct and to recover damages. | Statute |