Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Michigan Compiled Laws 1929: Chapter 285: Section 1 | Mich. Comp. Laws ch. 285, § 1 (1929) | Chapter 285, entitled "An act for the more effectual prevention of cruelty to animals," concerns Michigan's Law about the treatment of animals from 1929. The act covers what qualifies as cruelty to animals and what is the punishment for crime of cruelty to animals. | Statute | |
| Wyoming Farm Burearu v. Babbitt | 199 F.3d 1224 (10th Cir. 2000) | 49 ERC 1985, 30 Envtl. L. Rep. 20,289, 2000 CJ C.A.R. 434 (2000) |
The State Farm Bureaus (a national farm organization)), researchers, and environmental groups appealed from decision of United States and federal agencies to introduce experimental population of gray wolves in a national park and central Idaho. The United States District Court for the District of Wyoming struck down the Department of Interior's final wolf introduction rules and ordered reintroduced wolves removed. In reversing the lower court's decision, the Court of Appeals for the 10th Circuit held that the possibility that individual wolves from existing wolf populations could enter experimental population areas did not violate provision of Endangered Species Act requiring that such populations remain "geographically separate." Further, the fact that the promulgated rules treated all wolves, including naturally occurring wolves, found within designated experimental population areas as nonessential experimental animals did not violate ESA. |
Case |
| Daniels v. Drake | 195 N.E.3d 866 (Ind. Ct. App. 2022), transfer denied, 208 N.E.3d 1250 (Ind. 2023) | Plaintiff Damon Daniels appeals from the trial court's entry of summary judgment in favor of defendants, the Drakes. The incident stems from an unprovoked dog bite at defendants' home. The Drakes live on a large, rural property in Indiana with no neighbors. The Drakes own five dogs including "Max," a large Great Dane. Max would roam the property unrestrained. Daniels is a FedEx driver. In September of 2020, Daniels entered the property to deliver a package. Upon approaching the residence, Daniels honked his horn a couple times to get the attention of Lisa Drake. Daniels, who was still inside the vehicle, asked Lisa if Max was "okay," to which Lisa indicated a "thumbs up." However, after walking toward Lisa with the package, Max barked once and then bit Daniels in the abdomen. Daniels sustained puncture wounds, a one-centimeter laceration, swelling and a hematoma from the bite. Approximately two months later, Daniels filed the instant complaint seeking damages related to the dog bite. The Drakes filed a motion for summary judgment claiming that they did not have actual knowledge of Max's vicious propensities prior to the bite. In response, Daniels contended that Great Danes have a "natural propensity" to be territorial, which is exacerbated by isolation. The trial court granted summary judgment in favor of defendants. On appeal here, the court explained that Indiana law states that knowledge of a dog's dangerous or vicious tendencies may not be inferred from a first-time, unprovoked bite, but that knowledge may be inferred where evidence shows that the particular breed to which the owner's dog belongs is known to exhibit such tendencies." While the court observed that the Drakes presented evidence of a lack of actual knowledge of Max's vicious propensities, the expert who testified on Great Dane behavior presented evidence that Great Danes might behave with "territorial aggressive tendencies" in a given situation. The Drakes argued on appeal (for the first time) that this evidence by a canine behavioral expert was "immaterial" and cannot be used to show what lay people would know about Great Danes. The court was unpersuaded by the Drakes' novel argument, and this created a genuine issue of material fact. Thus, this court reversed the order granting summary judgment for the Drakes and remanded the case for further proceedings. | Case | |
| MT - Wolves, gray - 87-1-901. Gray wolf management--rulemaking--reporting | MCA 87-1-901 | MT ST 87-1-901 | This statute provides that the wildlife commission shall establish by rule hunting and trapping seasons for wolves. In addition, the commission shall adopt rules to allow a landowner or the landowner's agent to take a wolf on the landowner's property at any time without the purchase of a Class E-1 or Class E-2 wolf license when the wolf is a potential threat to human safety, livestock, or dogs. | Statute |
| The South African Predator Breeders Association v. The Minister of Environmental Affairs and Tourism | South African Predator Breeders Association and Others v Minister of Environmental Affairs and Tourism (1900/2007) [2009] ZAFSHC 68 (11 June 2009) | This application is about the validity of regulations designed to regulate the hunting of lions that were bred in captivity. | Case | |
| UK - Circus - Performing Animals (Regulation) Act 1925 | 1925 CHAPTER 38 |
The Performing Animals Act 1925 requires any person who exhibits or trains any performing (vertebrate) animal to be registered with a local authority. This information is kept in the local register. The law also gives power to local authorities to prohibit animal training or exhibition where it is accompanied by cruelty. Any officer of a local authority duly authorised in that behalf by the local authority and any constable may inspect performance premises during reasonable hours. Failure to become properly registered or concealing an animal to avoid inspection makes a person guilty of an offence. |
Statute | |
| City and County of Denver, a Home Rule municipal corporation of the State of Colorado; and John W. Hickenlooper, as Mayor of the | In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws. Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55). In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment. The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority. The state was permanently enjoined from taking any action against Denver based on the language of the amended state law. The state then filed a notice of appeal, but subsequently withdrew it. | Pleading | ||
| Elliot v. Hurst | 817 S.W.2d 877 (Ark., 1991) | 307 Ark. 134 (1991) |
This tort case involves appellee's suit against appellant for appellant's conversion of appellee's wolf hybrid dog named Rambo. The appellee in this case had placed an ad stating that he had a certain breed of dogs for sale. When appellant went to see the dogs, she noticed a serious leg infection. After consulting with the local prosecutor’s office and an animal organization, she returned to the owner’s home to take the dog in for treatment. The consulting veterinarian determined that the leg had to be amputated. The court held that the recovery was limited to the market value at the time prior to the amputation. |
Case |
| Harby v. Harby | 331 So. 3d 814 (Fla. Dist. Ct. App. 2021) | This Florida case involves an appeal of a final judgment of dissolution of marriage. With respect to animal law, the wife appealed the trial court's distribution of family dogs, Liberty and Nico, to the former husband. According to testimony, the dogs were bonded to each other. The former wife testified that the family adopted Liberty "to be an emotional support dog" and was her constant companion. The former wife testified that she cared for the dogs when they were adopted in 2013 and 2014 until the parties separated in 2017. Since that separation, the dogs have been in the husband's possession and care. The trial court determined that the dogs were marital property and that the wife appeared to be in good health with no physical or mental disabilities. Further, both parties agreed the dogs should not be separated from each other and the court found the dogs had been in the husband's possession since the parties separated. On appeal, the wife argues that the trial court's distribution of the family dogs to Former Husband was arbitrary, capricious, and unsupported by the record. In particular, the wife contends that one of the dogs is her emotional support animal and former husband expressed no desire or claim for the dogs in testimony. The court first observed that Florida is not one of the handful of states with statutes that give pets a special property status in distribution of marital assets. Instead, animals are considered personal property. Here, the court found both parties have cared for the dogs at times and the husband cared for them after the parties separated in 2017. And, while the court found that Liberty was "emotionally comforting," there was no evidence that the former wife had a disability and that Liberty provided emotional support to alleviate an effect of such disability. Thus, the role Liberty played was to provide comfort and companionship like most household pets. Since the trial court also considered each party's sentimental interest in the pets, including the children's attachment since they resided primarily with the former husband, there was no showing that the court abused its discretion in awarding the dogs to former husband. Thus, the appellate court concluded that the trial court acted within its discretion by awarding the family dogs to the former husband. | Case | |
| AU - Conservation and Land Management Act 1984 (WA) | Conservation and Land Management Act 1984 |
An Act to make better provision for the use, protection and management of certain public lands and waters and the flora and fauna thereof, to establish authorities to be responsible therefor, and for incidental or connected purposes. |
Statute |