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Displaying 71 - 80 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| MS - Trust - § 91-8-408. Trust for care of animal | Miss. Code Ann. § 91-8-408 | MS ST § 91-8-408 | This Mississippi statute allows a trust to be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. | Statute | |
| In the Matter of: Akiko Kawahara, Respondent | 1980 WL 26513 (N.O.A.A.) | 2 O.R.W. 340 (1980) |
The principle issue in this case is whether the planned stopover of a few hours in Kennedy Airport in New York constitutes an "importation" within the meaning of the MMPA. The respondent in this case was employed by a business dealing in the international trade of animals and was attempting to bring four dolphins captured off the coast of Argentina back to Japan. The respondent only landed the dolphins in New York as a stopover on their way to Tokyo, but the court found that there was no requirement of knowledge or specific intent under the MMPA to constitute civil violations. |
Case | |
| CT - Exotic - Sec. 26-55-6. Importation, possession or liberation of wild birds, mammals, reptiles, amphibians and invertebrates | CT ADC § 26-55-6 | Regs. Conn. State Agencies § 26-55-6 | This Connecticut regulation (effective March 1, 2012) places restrictions on who may import or possess certain categories of wild animals in the state. The regulation puts wild animals into one of four categories: Category One, Two, Three, or Four Wild Animals. With regard to Great Apes, a member within the family Hominidae (including, but not limited to, gorilla, chimpanzee and orangutan) is a Category One Animal. No person, except a municipal park, zoo, public nonprofit aquarium, nature center,museum, exhibitor licensed or registered with the United States Department of Agriculture, laboratory registered with the United States Department of Agriculture, or research facility registered with the United States Department of Agriculture, shall import or possess any Category One Wild Animal. | Administrative | |
| IN - Trust - 30-4-2-18. Trust to provide for care of an animal alive during settlor's lifetime | I.C. 30-4-2-18 | IN ST 30-4-2-18 | Indiana's pet trust law was enacted in 2005. The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor's lifetime. Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use. | Statute | |
| CO - Ordinances - Pet animal control and licensing | C. R. S. A. § 30-15-101 | CO ST § 30-15-101 | This Colorado statute states that the board of county commissioners of any county may adopt a resolution for the control and licensing of dogs. These regulations may require licensing of dogs by owners, require that dogs and other pet animals be under control at all times and define "control," define "vicious dog" and "vicious animal," establish a dog pound, or other animal holding facility, provide for the impoundment of animals which are vicious, not under control, or otherwise not in conformity with the resolutions, and establish such other reasonable regulations and restrictions for the control of dogs and other pet animals. | Statute | |
| U.S. v. Lee | 937 F.2d 1388 (9th Cir. 1991) |
Fishermen who took part in importing salmon that they knew or should have known had been taken in violation of Taiwanese regulation, could be subjected to criminal penalties for violation of the Lacey Act, despite the fact not all fishermen who were involved actually violated the Taiwanese regulation. The fishermen argue that the term "any foreign law" encompasses only foreign statutes, not foreign regulations; however, the court previously ruled that a Taiwanese regulation prohibiting the export of salmon without a permit constituted a "foreign law" under section 3372(a)(2)(A) and thereby supported an Act violation. |
Case | ||
| Cardenas v. Swanson | 531 P.3d 917 (Wyo., 2023) | 2023 WY 67, 2023 WL 4344196 (Wyo. July 5, 2023) | The Cardenas family (Appellants) owned three St. Bernard dogs. Appellants lived on a home adjacent to large tracts of state land, and would allow the dogs to roam the land unleashed, but the dogs would return each night. One afternoon, the dogs were let outside to run, but one dog did not return. Appellants found the dog caught in a snare, where it died from a broken neck. Appellants attempted to free the dog from the snare, and one of the Cardenas children was injured in the process. While appellants were attempting to free their dog from the snare, the other two dogs were also caught in snares, and died from their injuries. Appellants filed suit against the trapper who set the snares (Appellee), asserting claims of negligence, willful and wanton misconduct, violation of statutes, infliction of emotional distress, and civil rights violations. Appellee filed a motion for summary judgment, which the trial court granted and denied in part, finding that appellee’s conduct was not willful and wanton and that appellants could not recover emotional damages for the loss of the dogs. On appeal, the court considered: (1) whether the members of the Cardenas family can recover damages for emotional injuries for the loss of their dogs, and (2) whether this court should allow the recovery of emotional distress damages for the loss of a pet. The court held that (1) emotional injuries for the loss of property are not recoverable, under this court’s precedent emotional damages are only recoverable for certain limited situations. Dogs are considered personal property under state law, and damage to personal property is not one of the situations in which emotional damages are recoverable. Next, the court held that (2) it would not create a precedent to allow people to recover emotional distress damages when animate personal property is harmed, as that change would be best suited for the legislature to make. The court affirmed the judgment of the trial court and dismissed the case. | Case | |
| R v. Shand | R. v. Shand, 2007 ONCJ 317 | In R v Shand 2007 ONCJ 317 (CanLII), the court examined the necessary elements required to established the “willful” mens rea component present in Canadian Federal Criminal Statute s. 429. The accused was charged with three counts of animal cruelty contrary to s.446 of the Criminal Code in relation to a dog in her care. The court found that on two of the counts that the accused was had acted "wilfully" because she was either "reckless or indifferent as to her dog's condition." | Case | ||
| Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. | 860 F. Supp. 2d 1216 (W.D. Wash. 2012) rev'd, 708 F.3d 1099 (9th Cir. 2013) and rev'd, 725 F.3d 940 (9th Cir. 2013) | The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. | Case | ||
| GA - Hunting - § 27-3-12. Use of drugs, poisons, chemicals, smoke, gas, explosives | Ga. Code Ann., § 27-3-12 | GA ST § 27-3-12 | This Georgia law prohibits computer assisted remote hunting or providing or operating a facility that allows others to engage in computer assisted remote hunting if the wild animal or wildlife being hunted or shot is located in this state. The law also makes it unlawful to hunt hunt any wild animal, game animal, or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives, recorded calls or sounds, or recorded and electronically imitated or amplified sounds or calls. Violation is a misdemeanor (high) with a fine of $1,000 to $5,000 and/or a term of imprisonment up to 12 months. | Statute |