Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Humane Society of the United States v. Jewell | 2014 WL 7237702 (D.D.C. Dec. 19, 2014) (Only the Westlaw cite is available) | The Humane Society of the United States sued to overturn the United States Fish and Wildlife Service's 2012 Final Rule to delist the Great Lakes gray wolves from the endangered species list. The US District Court called the 2012 Final Rule "arbitrary and capricious" under the Administrative Procedure Act and in violation of the Endangered Species Act. The District Court thus relisted the wolves and placed them back under the control of the United States Fish and Wildlife Service in Michigan, Wisconsin, and Minnesota. | Case | ||
| Morgan v. State | 656 S.E.2d 857(Ga.App., 2008) | 2008 WL 142325 (Ga.App.), 289 Ga.App. 209 (2008) |
Deputy removed sick and malnourished animals from Defendant's property, initiated by a neighbor's call to the Sheriff. Defendant was convicted in a jury trial of cruelty to animals. He appealed, alleging illegal search and seizure based on lack of exigent circumstances to enter his property. The court found that deputy's entry into the home was done with Morgan's lawful consent, and, as such, the subsequent seizure of the dogs in the home was based on the deputy's plain view observations in a location where he was authorized to be. |
Case | |
| Commercial Breeding of Companion Animals and Sale of Pets | Policy | ||||
| CA - Fighting Animals - § 597b. Fighting animals or cockfighting; prohibition; penalties; aiding and abetting | West's Ann. Cal. Penal Code § 597b | CA PENAL § 597b | This statute forbids anyone from causing a fight between any animal or creature for amusement or gain, or allowing an animal fight to take place on her premises. It also makes it a misdemeanor for anyone to be present at an animal fight. | Statute | |
| Canada - Canada Federal Statutes. Criminal Code. Part VIII -- Offences Against the Person and Reputation. Criminal Negligence. | R.S.C. 1985, c. C-46, s. 219 - 221 | The statutory definition of criminal negligence involves doing any act or omitting to do a legal duty that shows wanton or reckless disregard for the lives or safety of other persons. In alleged criminal cases, it is the State rather than the attack victim who lays the charges. | Statute | ||
| VT - Endangered wildlife - Chapter 124. Trade in Covered Animal Parts or Products | 10 V.S.A. § 5501 - 5508 | VT ST T. 10 § 5501 - 5508 | This Vermont chapter, enacted in 2022, relates to the trade in certain animal products. Under the law, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product. A covered animal part includes certain big cat species, elephants, giraffes, hippopotamuses, mammoths, mastodons, pangolins, endangered rays, rhinoceroses, sea turtles, endangered sharks, certain whales, and certain ape species. Exceptions exist for activities authorized under federal law, parts with "antique status" as defined, among others. For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00. | Statute | |
| Archer v. State | 309 So. 3d 287 (Fla. Dist. Ct. App. 2020) | 2020 WL 7409970 (Fla. Dist. Ct. App. Dec. 18, 2020) | Defendant Tim Archer pleaded no contest to felony animal cruelty in Florida. Archer's dog Ponce apparently made a mess in Archer's house and, when Archer "disciplined" Ponce, the dog bit him, leading to Archer violently beating and stabbing the dog to death. Public outcry over mild punishment in the state for heinous acts of animal abuse led to "Ponce's Law," which enhanced penalties (although it did not retroactively apply to Archer). As a condition of Archer's plea agreement, both parties stipulated to a restriction on future ownership of animals as part of Archer's probation. On appeal here, Archer argues that the trial court erred in imposing these special conditions of probation. With regard to special condition 34 and 35, which prohibits him from owning any animal for the duration of his life and prohibits him from residing with anyone who owns a pet, Archer seeks clarification whether this prohibits him from residing with his ex-wife and children who own two cats, respectively. The court found that condition 35 would only be in effect for his three-year probationary term. Additionally, the court found condition 34 that imposes a lifetime ban on ownership exceeded the trial court's jurisdiction regardless of the open-ended language of Ponce's law. The animal restriction is not "a license to exceed the general rule that prohibits a court from imposing a probationary term beyond the statutorily permissible term, which in this case is five years." The case was remanded to the trial court to modify the conditions of probation to be coextensive with the probationary term. | Case | |
| Kaufman v. Langhofer | 222 P.3d 272 (Ariz.App. Div. 1, 2009) | 2009 WL 4980337 (Ariz.App. Div. 1), 223 Ariz. 249 (2009) |
This Arizona based appeal arises out of a veterinary malpractice action filed by plaintiff/appellant David Kaufman against defendants/appellees, William Langhofer, DVM, and Scottsdale Veterinary Clinic over the death of Salty, Kaufman's scarlet macaw. The main issue on appeal is whether a pet owner is entitled to recover emotional distress and loss of companionship damages over the death of his or her pet. Plaintiff argues that the court here should “expand” Arizona common law to allow a pet owner to recover emotional distress damages and damages for loss of companionship in a veterinarian malpractice action. While the court acknowledged the emotional distress Kaufman suffered over Salty's death, it noted that Dr. Langhofer's negligence did not directly harm Kaufman. Thus, the court felt that it would not be appropriate to expand Arizona common law to allow a pet owner to recover emotional distress or loss of companionship damages because that would offer broader compensation for the loss of a pet than for the loss of a human. |
Case | |
| Commonwealth v. Epifania | 951 N.E.2d 723 (Mass.App.Ct.,2011) | 80 Mass.App.Ct. 71 (2011), 2011 WL 3435385 |
Defendant appealed his conviction of arson for setting fire to a dwelling house, and wilfully and maliciously killing the animal of another person. The Appeals Court held that testimony that the cat belonged to the victim was sufficient to support a conviction of wilfully and maliciously killing the animal of another person. |
Case | |
| European Union - Farming - Directive for Protection of Animals | Official Journal L 221 , 08/08/1998 P. 0023 - 0027 | COUNCIL DIRECTIVE 98/58/EC | This Directive lays down minimum standards for the protection of animals bred or kept for farming purposes. | Administrative |