Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Long v. Noah's Lost Ark, Inc. | 814 N.E.2d 555 (Ohio 2004) |
Owner of lion cub sued animal shelter for refusing to return the cub to him, alleging breach of contract, conversion, replevin, fraud, and intentional misrepresentation. The Trial Court granted summary judgment for plaintiff and defendant appealed. On appeal, the Court affirmed for plaintiff, as plaintiff had established that he was the legal owner of the lion and was entitled to possession. |
Case | |
| CA - Divorce - § 2605. Care and ownership of pet animal | West's Ann. Cal. Fam. Code § 2605 | CA FAM § 2605 | This California law, effective January of 2019, allows to court to enter an order, at the request of a party, for a party to care for the pet animal prior to the entry of a final order. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court's final determination of ownership of the pet animal. | Statute |
| State v. Cloutier | 2003 ME 7 (Sup.Ct. Maine Jan. 21, 2003) |
Defendant appealed from his conviction for "driving deer" under Maine statute § 7458(10) (among other convictions), contending that the statute was unconstitutionally vague. The Court rejected defendant's argument, finding the version at issue here plainly tells people that if they participate in a group hunt and they organize or plan the hunt so that several people move in a coordinated fashion toward other members of the hunting party who by predesign are standing or moving toward the first group, in a planned effort to flush out the deer, they are hunting illegally. With regard to the entrapment defense for the illegal transporting of deer, the Court found that although another hunter may have created the opportunity for Cloutier to commit the illegal transportation violation, "more is required for the entrapment defense than providing the opportunity to commit the crime." |
Case | |
| DC - Restaurant - Subchapter VII. Dining with Dogs. | DC CODE § 8-1865.01, .02 | These laws from 2018 allow food establishments in D.C. to permit dogs in outdoor dining areas of food establishments or unenclosed sidewalk cafés. These establishments must post signage outside that states dogs are permitted along with any restrictions on dogs based on size or temperament. They must also provide an entrance that does not require dogs to enter an indoor dining area or an area in which food is being stored or prepared to access the outdoor dining area and provide patrons with waste bags and a means of proper disposal. Patrons must keep their dog in a carrier or on a leash at all times and never leave the dogs unattended. | Statute | |
| IPPL v. Institute for Behavioral Research, Inc. | 799 F.2d 934 (1986) |
Private individuals and organizations brought action seeking to be named guardians of medical research animals seized from organization whose chief was convicted of state animal cruelty statute violations. The United States District Court for the District of Maryland, John R. Hargrove, J., dismissed action, and individuals and organizations appealed. The Court of Appeals, Wilkinson, Circuit Judge, held that: (1) individuals and organizations lacked standing to bring action, and (2) Animal Welfare Act did not confer private cause of action. Case discussed in topic: US Animal Welfare Act. |
Case | |
| Center for Biological Diversity v. Henson | Slip Copy, 2009 WL 1882827 (D.Or.) |
Defendants brought a motion to stay in an action brought by Plaintiffs seeking re-initiation of consultation under ESA with respect to the Oregon Department of Forestry’s Habitat Conservation Plan promulgated in 1995 and their Incidental Take Permit obtained in 1995, which allows incidental taking of Northern Spotted Owls for sixty years in connection with timber harvest in the Elliot State Forest. The United States District Court granted Defendants’ motion, finding that the potential harm and likelihood of damage to Plaintiffs if the action is stayed is low. The court also found that Defendants showed an adequate likelihood of hardship in having to go forward without a stay. The stay would likely result in the action ultimately becoming moot and/or at the very least greatly simplified, therefore saving judicial time and resources. |
Case | |
| US - Pets Evacuation and Transportation Standards Act of 2006 - Chapter 68. Disaster Relief | 42 U.S.C.A. § 5196 - 5196d | The FEMA Administrator is directed to develop emergency preparedness plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency. The Administrator must also ensure that state and local emergency preparedness plans take into account the needs of such individuals. The Administrator may make financial contributions to the States and local authorities for animal emergency preparedness purposes to accommodate people with pets and service animals. | Statute | |
| Feger v. Warwick Animal Shelter | 29 A.D.3d 515 (N.Y.A.D. 2 Dept., 2006) | 814 N.Y.S.2d 700, 2006 WL 1174110 (N.Y.A.D. 2 Dept.) | In this New York case, a cat owner brought suit against an animal shelter and its employee for their alleged misconduct in knowingly placing a champion cat stolen from her home for adoption by unidentified family. In ruling that the lower court properly denied the plaintiff's cross motion for summary judgment, the appellate court found that there are questions of fact, inter alia , as to whether “Lucy” is “Kisses." However, the Shelter defendants are correct that the plaintiff may not recover damages for the emotional harm she allegedly suffered from the loss of her cat. | Case |
| Kent v. Polk County Board of Supervisors | 391 N.W.2d 220 (Iowa 1986) |
The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety. |
Case | |
| Animal Legal Defense Fund v. Reynolds | 297 F.Supp.3d 901 (S.D. Iowa Feb. 27, 2018) | 2018 WL 1151000 (S.D. Iowa Feb. 27, 2018) | In 2012, Iowa passed a statute (Iowa code § 717A.3A) that criminalized gaining access to agricultural facilities under false pretenses and making a false representation on a job application for those facilities. Plaintiffs in this case (animal rights groups including the Animal Legal Defense Fund and PETA) brought suit alleging that the statute was unconstitutional and sought to enjoin the Defendants (governor of Iowa) from enforcing it. Their complaint alleged that the statute violates the First Amendment as discrimination on the basis of content, the Equal Protection Clause of the Fourteenth Amendment by targeting animals rights groups, and violates the Due Process Clause of the Fourteenth Amendment by burdening the freedom of speech. This case decides the Defendants’ motion to dismiss the Plaintiffs’ complaint based on lack of standing and failure to state a claim because the outlawed conduct is not protected by the First Amendment as false statements and is rationally related to the legitimate government interest of protecting private property, thereby not violating the Fourteenth Amendment. The court denies Defendants' motion with respect to the First Amendment, concluding that Plaintiffs have plausibly alleged the intent to suppress their message because of their viewpoint. However, the court grants the motion to dismiss for the claim of a Fourteenth Amendment violation because the statute in fact serves a legitimate government purpose in protecting private property. | Case |