Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| IA - Ordinances - 331.381. Duties relating to services | I. C. A. § 331.381 | IA ST § 331.381 | This Iowa statute states that the county board shall provide for the seizure, impoundment, and disposition of dogs in accordance with chapter 351. | Statute |
| United States of America v. Hale | 113 Fed.Appx. 108 | 2004 WL 2367994 |
A couple owned and operated a caviar business. They were convicted of violating the Lacey Act by purchasing and selling paddlefish eggs during the closed season, falsifying records and operating a fish dealership without a license. The Court of Appeals affirmed the conviction. This Judgment was Vacated by Hale v. U.S ., 125 S.Ct. 2914 (2005). |
Case |
| White v Diocese of Buffalo, N.Y | 138 A.D.3d 1470 (N.Y. App. Div. 2016) | 2016 WL 1710974 (N.Y. App. Div. 2016) | Plaintiff, Rosemary White brought action against the Defendant, Sacred Heart Roman Catholic Church seeking damages for injuries she sustained when she was bitten by a priests’ dog, at premises owned by the church. White brought the action claiming negligent supervision and retention of the priest who owned dog. The church moved to dismiss, and White moved for summary judgment. The New York Supreme Court, Erie County, granted the church's motion for dismissal, and denied White’s motion. White appealed and the New York Supreme Court, Appellate Division, held that the church was not liable for negligent supervision or retention of the priest. The Appellate Division, reasoned that the Supreme Court, Erie County, properly granted the church’s motion to dismiss White’s complaint for failure to state a cause of action. The Court stated that to the extent White alleged a theory of negligent supervision and retention of the priest in her bill of particulars, the “purpose of the bill of particulars is to amplify the pleadings . . . , and [it] may not be used to supply allegations essential to a cause of action that was not pleaded in the complaint.” Therefore, the order from the Supreme Court was affirmed. | Case |
| KY - Lien, veterinary - 376.470 Veterinarian's lien | KRS § 376.470 | KY ST § 376.470 | This Kentucky law states that any licensed veterinarian who performs professional services for an animal, by contract with, or by the written consent of, the owner or authorized agent shall have a lien on the animal to secure the cost of the service provided. The priority for the liens filed under this law is based upon when the first lien was filed. | Statute |
| US - Funding State - Pittman-Roberson Act (Chapter 5B. Wildlife Restoration) | 16 USC 669 - 669l | The Pittman-Robertson Wildlife Restoration Act authorizes the Secretary of the Interior to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects. However, no money shall be expended until the state in question assents to the provisions of this chapter and has passed laws for the conservation of wildlife, which includes a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of the fish and game department. | Statute | |
| 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 |
| ZooCats, Inc. v. U.S. Dept. of Agriculture | 417 Fed.Appx. 378(5th Cir. 2011) | This petition followed a final order of the Secretary of the United States Department of Agriculture (USDA) ordering ZooCats, Inc. to cease and desist from violating the Animal Welfare Act (AWA), and revoking ZooCats's animal exhibitor license. ZooCats argued on appeal that the Secretary erred in extending certain filing deadlines, erred in determining certain audio tapes were inadmissible evidence, and erred in determining that ZooCats did not qualify as a “research facility” under the AWA. Addressing each of these claims, the 5th Circuit held that the Administrative Law Judge had broad discretion to manage its docket to promote judicial economy, efficiency, and to protect the interests of the parties. The Sixth Circuit further found that even if the tapes were admissible, failure to admit the tapes would be a harmless error because there was substantial evidence in the record supporting the agency's determination that ZooCats wilfully violated the AWA. Finally, the 6th Circuit held ZooCats was not a research facility under the AWA because it had not researched, tested, or experimented in the almost ten years since it registered as a research facility. The 6th Circuit therefore denied Petitioner’s petition. | Case | |
| CA - Euthanasia - § 599d. Policy of state regarding adoptable and treatable animals | West's Ann. Cal. Penal Code § 599d | CA PENAL § 599d | This law provides that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. (Editor's note: The law was part of SB 1785 (the Hayden Act) that expanded the holding time for companion animals and the duties of pounds and shelters who act as depositories for lost or stray animals). | Statute |
| A night monkey's corpse after necropsy | Slideshow Images | |||
| Japan Whaling Association v. American Cetacean Society | 106 S. Ct. 2860 (1986) | 478 U.S. 221 (1986) |
Congress had granted the Secretary the authority to determine whether a foreign nation's whaling in excess of quotas diminished the effectiveness of the IWC, and the Court found no reason to impose a mandatory obligation upon the Secretary to certify that every quota violation necessarily failed that standard. |
Case |