Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Johnson-Schmitt v. Robinson | 990 F. Supp. 2d 331 (W.D.N.Y. 2013) | 2013 WL 6859110 (W.D.N.Y. 2013) |
Seeking compensatory and injunctive relief, Plaintiffs commenced a 42 U.S.C. § 1983 action against Defendants County of Erie, Erie County Sheriff's Department, and John Does 1 and 2; Defendants Society for the Prevention of Cruelty to Animals ("SPCA") and a SPCA peace officer; and a dog control officer based on alleged searches of Plaintiffs' property and seizure of animals purportedly belonging to Plaintiffs. After reviewing the defendants moved for summary judgment, the district court granted and dismissed the motion in part. |
Case | |
| Kimes v. Grosser | 126 Cal.Rptr.3d 581 (Ca., 2011) | 2011 WL 2128649 (Ca., 2011); 195 Cal.App.4th 1556 (2011) |
After neighbors shot a cat, the owners sued to recover costs of its medical care and punitive damages. The owner of an injured pet may recover the lesser of the diminution of the market value of the animal, or the reasonable cost of repair. The Court of Appeal held that the owner could recover damages for costs incurred in treating the cat even if the costs exceeded the market value of the cat. The owner could also recover punitive damages upon a showing that the shooting was willful. |
Case | |
| DE - Research - Subchapter VI. Research Animal Retirement Act | 16 Del.C. § 3090F - 3092F | DE ST TI 16 § 3090F - 3092F | The purpose of this subchapter is to ensure that healthy cats and dogs that are no longer needed for research, education, testing, or other scientific purposes are made available for adoption instead of euthanized and to create a process for adoption through agreements with local shelters or rescue groups. When a research facility no longer needs a cat or dog that does not pose a health or safety risk to the public, the research facility shall either offer the animal to a rescue organization or shelter for adoption or offer it for adoption through private placement. | Statute | |
| CA - Impound - § 597e. Domestic animals; impounding without sufficient food or water; | West's Ann. Cal. Penal Code § 597e | CA PENAL § 597e | This statute requires anyone who impounds an animal to supply the animal with sufficient food and water. It also states that if an animal is not provided with food and water, a person may enter the pound where the animal is being held, and provide it with food and water without being liable for the entry. | Statute | |
| Sentencia C-1192, 2005 | C-1192/05 | Decision C-1192/05 decides on a claim of unconstitutionality against Articles 1, 2, 22 and 80 of the Taurine Regulatory Statute ley 916 of 2004. In this occasion, the court upheld the constitutionality of this law confirming bullfighting as an artistic expression allowed by the Constitution: “A manifestation of Colombia’s diversity, as intangible good that symbolizes one of the many historical-cultural traditions of the Nation.” The Court stated that since bullfighting is a cultural manifestation of the nation, children do not need to be protected from this practice. The Court believes “children should be provided the opportunity to attend these events so that they can learn and judge for themselves if bullfighting is an art form, or an outdated violent practice. For that reason, the statute does not violate the fundamental rights of children. The court also held that bullfighting is not part of the interpretation of Article 12 that corresponds to the prohibition of torture. The text of the norm speaks about violence and cruel treatment as an “anthropological vision of the human being” the court asserts. With this decision, the Constitutional Court affirms that animals, in this case bulls, are not entitled to any rights. The court considered tradition and culture of a higher value than animal protection. | Case | ||
| Canada - New Brunswick Statutes - Society for the Prevention of Cruelty to Animals Act | R.S.N.B. 1973, c. S-12, s. 0.1 - 32(2) | This set of laws establishes the New Brunswick Society for the Prevention of Cruelty. Under the Act, the Minister may appoint an officer, agent or employee of the society or any other person to be an animal protection officer who shall attend to the enforcement of this Act. Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner. A person who has ownership, possession or the care and control of an animal shall provide the animal with food, water, shelter and care in accordance with the regulations. | Statute | ||
| Center for Biological Diversity v. Kempthorne | Slip Copy, 2008 WL 4543043 (N.D.Cal.) | (only the Westlaw cite is available) |
In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants’ final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court . The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia. |
Case | |
| In the Matter of: Darcy Lynn Shawyer | 1980 NOAA LEXIS 2 | 2 O.R.W. 301 (1980) |
This case is a civil penalty proceeding under the MMPA for the unlawful importation of eight bottlenose porpoises into the United States. In this case, the court found that specific intent is not required for importation under the MMPA. The court found that the route taken over the United States, the requirement to land for customs clearance purposes, or weather conditions was known or should have been foreseeable to all parties. |
Case | |
| Convention on International Trade in Endangered Species | 27 U.S.T. 1087 |
CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species. |
Treaty | ||
| Chile - Farm animals - Decreto Supremo 240,1993 | Decreto Supremo 240,1993 | General regulation for the transportation of cattle and meat by land, rail, water, and air transportation. | Statute |