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Displaying 5931 - 5940 of 6592
Titlesort ascending Author Citation Alternate Citation Summary Type
BO - Wildlife - Ley No. 1333 Ley No. 1333 This is the most important law regarding the protection of the environment and natural resources in Bolivia. It regulates human interaction with nature and promotes sustainable development to improve the quality of life of the population. Under this law, wildlife trafficking is punished with up to 6 years of imprisonment. Statute
BO - Wildife - Ley N° 12301 Ley N° 12301 The "wildlife, national parks, hunting, and fishing law," regulates the protection, use, transportation, and commercialization of wildlife and its products, and the protection of endangered species, among other things. It encourages the rational and sustainable use of wildlife and natural resources. Statute
Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham 737 N.W.2d 670 (2007) 479 Mich. 206 (2007)

In this Michigan case, a property association brought an action against the city of Birmingham to enforce a deed restriction. The association alleged that the city's plan to build a dog park violated the residential use restriction in the deed. The Circuit Court of Oakland County granted the city's motion for summary disposition; the Court of Appeals reversed. The Supreme Court held that the city's use of the lot as a “dog park" (a fenced area where dogs could roam unleashed with their owners) did indeed violate the deed restriction limiting use of land to “strictly residential purposes only.” Further, despite the association's failure to contest the previous use of the land as a vacant park, the association could contest the dog park violation because the former use was deemed a "less serious" violation.

Case
Blankenship v. Commonwealth 838 S.E.2d 568 (2020) 71 Va.App. 608 (Va.App., 2020) Brandon Scott Blankenship showed up at Wally Andrews’ home although Blankenship had previously been ordered not to come onto Andrews’ property. Blankenship stood outside on Andrews’ property and continued to curse at Andrews and threaten to kill him. Andrews called law enforcement and when they arrived, Blankenship continued his cursing and yelling at the officers. Every time the officers attempted to arrest Blankenship he would ball up his fists and take a fighting stance towards the officers. At some point the officers released a police K-9 named Titan after Blankenship took off running. Blankenship kicked and punched Titan until he backed off. Titan ended up with a digestive injury in which he would not eat and seemed lethargic. Blankenship was indicted for three counts of assault and battery on a law enforcement officer, one count of assault on a law enforcement animal, one count of assault and battery, one count of obstruction of justice, and one count of animal cruelty. The Court struck one count of assault and battery on a law enforcement officer, the count of assault on a law enforcement animal, and the count of obstruction to justice. Blankenship was convicted of the remaining four counts and he appealed assigning error to the sufficiency of the evidence used to convict him. The Court found that Blankenship’s overt acts demonstrated that he intended to place the law enforcement officers in fear of bodily harm which in turn caused the officers to actually and reasonably fear bodily harm. The totality of the circumstances supported Blankenship’s conviction of assault and battery on both the law enforcement officers and Andrews. As for the animal cruelty conviction, the Court found that there was sufficient evidence from which the circuit court could find that Blankenship voluntarily acted with a consciousness that inhumane injury or pain would result from punching and kicking Titan. Blankenship had no right to resist the lawful arrest and his actions against Titan were not necessary, therefore, there was sufficient evidence to support Blankenship’s conviction for animal cruelty. The Court ultimately affirmed and remanded the case. Case
Blake v. County of Wyoming 46 N.Y.S.3d 753 (N.Y. App. Div. 2017) 2017 WL 459973 (N.Y. App. Div., 2017)

The City of Wyoming filed an appeal after the court dismissed the City’s motion for summary judgment. The initial law suit was filed by Cassandra Blake after she sustained injuries from a dog bite at the Wyoming County Animal Shelter. Blake was working at the shelter as a volunteer dog walker when the incident occurred. Blake filed suit against the City of Wyoming on the basis of strict liability. The Court of Appeals reversed the lower court’s decision to deny the City’s motion for summary judgment on the basis that the City did not have actual or constructive knowledge that the dog had vicious propensities. The Court of Appeals rejected Blake’s argument that the City did have knowledge because the shelter was aware that the dog had previously knocked over a four year old child. The Court of Appeals found that this behavior was not notice to the shelter that the dog had any propensity to bite. As a result, the Court of Appeals reversed the lower court’s decision and granted the City’s motion for summary judgment.

Case
Black v. Coughlin 76 F.3d 72 (2nd Cir. 1996)

Prisoner brought action under § 1983 against commissioner of state department of correctional services to recover damages for punishment imposed as a result of improperly conducted disciplinary hearing.

Case
Black Hawk County v. Jacobsen (Unpublished) 2002 WL 1429365 (Iowa App. 2002) (Not Reported in N.W. 2d)

In this case, Donna Jacobsen appealed a district court order finding she had neglected fifty-six dogs in the course of her operation of a federal and state licensed kennel in Jesup.  On appeal, Jacobsen contended that the district court lacked subject matter jurisdiction because federal law (the Animal Welfare Act) preempts state regulations of federally licensed kennels.  The court disagreed, finding the Act expressly contemplates state and local regulation of animals.  Further, a plain reading of the Animal Welfare Act shows that Congress demonstrated no express or implied intent to preempt state or local government from regulating in this area.

Case
Bjugan v. State Farm Fire and Cas. Co. 969 F.Supp.2d 1283 (D. Ore. 2013) 2013 WL 4591111 (D. Ore. 2013)

After a house was damaged by a tenant’s 95 cats and 2 dogs, a landlord sought to recover expenses through State Farm Insurance. State Farm, however, denied the landlord coverage due to a provision in the insurance policy that excluded damages caused by domestic animals. In a diversity action brought by the landlord, the district court found the damage caused by the tenant’s cats fell within State Farm’s policy exclusion and therefore granted State Farm’s motion for summary judgment.

Case
Birmingham Humane Society v. Dickson 661 So.2d 759 (Ala.,1994)

The owner of a lost dog found the dog in an animal shelter and asked for its return. The shelter gave it back but sterilized it first despite the owner's wishes that it not be sterilized. The court held the shelter owed a duty to give the dog back without sterilizing it and affirmed a finding of negligence.

Case
BIOTECHNOLOGY AND THE PATENTING OF LIVING ORGANISMS Matthew McGovern 3 Animal L. 221 (1997) Mr. McGovern discusses the reasoning behind the leap from patentability of non-living things to the living things within the last twenty years. He concludes that neither the Supreme Court or Court of Customs and Patent Appeals has offered a convincing rationale for the inclusion of living things within 35 U.S.C. Section 101. Article

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