Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| U.S. v. Lewis | 349 F.3d 1116 (9th Cir. 2003) | 2003 U.S. App. LEXIS 23127; 2003 Cal. Daily Op. Service 9802 |
Defendant was convicted of a number of offenses related to his role in a wildlife smuggling operation. If trial did not begin within the requisite time period and defendant moved for dismissal prior to trial, the court had to dismiss the indictment, either with or without prejudice. The court held that the circumstances in the case, where it was clear that the delay in the trial caused the delay in the hearing, rather than the other way around, and where defendant repeatedly asked the court to set the case for trial and was otherwise ready to proceed to trial, plaintiff United States' pending pretrial motion could not serve as a basis for exclusion for a 117 day period. Because the delay violated the Speedy Trial Act, defendant's convictions had to be reversed, his sentences vacated, and his indictments dismissed. |
Case | |
| UT - Impound - Chapter 46. Animal Welfare Act. Part 1. General Provisions | U.C.A. 1953 § 11-46-101 - 104 | UT ST § 11-46-101 - 104 | Under this act, animal control officers must hold stray animals in safe and humane custody for a minimum of 5 business days prior to making any final disposition of the animal. A stray animal may be euthanized prior to the completion of the 5-day period to prevent unnecessary suffering due to serious injury or disease. | Statute | |
| NY - Fur - Chapter 20. Of the Consolidated Laws. | McKinney's General Business Law § 399-aaa | NY GEN BUS § 399-aaa | Makes it illegal for any person, firm, partnership or corporation to knowingly import, sell at retail or manufacture clothing with fur which is not properly labeled as containing "faux fur" or "real fur." Defines appropriate labeling by adding the appropriate description to the permanent tag attached to the clothing, a temporary tag to identify the clothing, or by affixing a sticker with the description in a conspicuous place on the clothing. Sets the maximum punishment to not exceed a $500 fine for the first violation and not to exceed $1000 for each subsequent violation. | Statute | |
| Humane Soc. of U.S. v. Locke | 626 F.3d 1040 (C.A.9 (Or.),2010) | 2010 WL 4723195 (C.A.9 (Or.)) |
The National Marine Fisheries Service (NMFS) authorized several states to kill California sea lions under section 120 of the Marine Mammal Protection Act (MMPA), which allows the intentional lethal taking of individually identifiable pinnipeds. Plaintiffs filed action for declaratory and injunctive relief against Defendants. The Court held that NMFS 1) did not adequately explain its finding that sea lions were having a “significant negative impact” on the decline or recovery of listed salmonid populations; and 2) NMFS did not adequately explain why a California sea lion predation rate of 1 percent would have a significant negative impact on the decline or recovery of these salmonid populations. Therefore, the agency's action was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” under the Administrative Procedure Act. |
Case | |
| IN - Animal Testing - THE BREEDING OF AND EXPERIMENTS ON ANIMALS (CONTROL AND SUPERVISION) RULES, 1998 | 1843. G.S.R. 1074(E), dated 15th December, 1998 | The Rules, drafted under the powers conferred by section (1)(1-A) and (2) of Section 17 of the Prevention of Cruelty to Animals Act, 1960, regulate the breeding and testing of animals in laboratories. It sets up an 'Institutional Animal Ethics Committee' that ensures the performance of experiments of animals in an establishment in a humane manner. The Rules specify the conditions that breeders are allowed to raise these animals in for testing, and the manner in which these animals must be treated in establishments where they are used for testing. | Statute | ||
| Tilson v. Russo | 30 A.D.3d 856 (N.Y.A.D. 3 Dept., 2006), | 2006 WL 1703632 (N.Y.A.D. 3 Dept.), 818 N.Y.S.2d 311 |
In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks. |
Case | |
| Mansbridge v Nichols | [2004] VSC 530 |
The appellant was convicted of seven offences under the Prevention of Cruelty to Animals Act 1986 (Vic) related to the appellant's treatment of merino sheep in her care. The appellant was successful in overturning three of the charges on the basis that they were latently duplicitous or ambiguous. The appellant was unsuccessful in arguing that the trial judge failed to give adequate reasons. |
Case | ||
| Kanoa Inc., v. Clinton | 1 F. Supp. 2d 1088 (1998) |
Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA"). |
Case | ||
| IA - Breeders - Chapter 67 Animal Welfare | Iowa Admin. Code 21-67.1(162) - 17 | IA ADC 21-67.1 to 17 | The following Iowa regulations provide provisions that pet stores, kennels, pounds, and other animal housing facilities must follow in order to handle, transport, and care for animals. These regulations provide specific instructions for dog day cares and for breeding greyhound dogs. | Administrative | |
| RI - Veterinary - Chapter 25. Veterinary Practice | Gen. Laws, 1956 § 5-25-1 to 17 | RI ST § 5-25-1 to 17 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute |