Results
| Title | Citation | Alternate Citation | Summary | Type | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Farm Sanctuary v. United States Department of Agriculture | --- F.Supp.3d ----, 2023 WL 8602134 (W.D.N.Y. Dec. 12, 2023) | 2023 WL 8602134 (W.D.N.Y., 2023) | This case was brought by plaintiffs, several nonprofit animal rights organizations, to challenge a Final Rule implementing a new swine inspection system at pig farms and slaughterhouses across the United States against defendants, the United States Department of Agriculture and the Food Safety Inspection Service. The new system requires that employees of the slaughterhouses perform ante-mortem and post-mortem sorting activities before the federal inspection is to take place, which plaintiffs challenge under the argument that this shifting of the sorting activities to slaughterhouse employees is in violation of the Federal Meat Inspection Act (FMIA) and Humane Methods of Slaughter Act (HMSA). Plaintiffs argue that this delegation is improper, would negatively impact the safety of pork being produced by slaughterhouses, and would lead to inhumane slaughter of pigs. Plaintiffs and defendants filed motions for summary judgment. The court granted defendant's motion for summary judgment, finding that plaintiffs failed to meet the burden of proof to show that the delegation of the sorting process was improper. | Case | ||||||
| Allen v. Cox | 942 A.2d 296 (Conn. 2008) | 285 Conn. 603 (2008) |
The plaintiff (Allen) brought this action against the defendants (Jessica Cox and Daniel Cox) alleging that she was injured by the defendants' cat after the defendants negligently allowed the cat to roam free. The trial court rendered summary judgment for the defendants. Relying mainly on the Restatement (Second), this court held that when a cat has a propensity to attack other cats, knowledge of that propensity may render the owner liable for injuries to people that foreseeably result from such behavior. |
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| CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries | West's Ann. Cal. Prob. Code § 15212 | CA PROBATE § 15212 | This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used. | Statute | ||||||
| IN - Cruelty - THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 | 59 OF 1960 |
The Prevention of Cruelty to Animals Act, 1960 prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal. The Act makes it a crime to beat, kick, torture, mutilate, administer an injurious substance, or cruelly kill an animal. It is also illegal to over-ride, over-drive, over-load, or work an unfit animal. It is an offense to cruelly transport, confine, chain or tether an animal. It is a violation to engage in animal fighting or shooting competitions in which animals are released from captivity to be shot. An owner commits an offense if he or she fails to provide sufficient food, drink or shelter, unreasonably abandons any animal, or permits any diseased or disabled animal to roam or die in any street.
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| U.S. ex rel. Haight v. Catholic Healthcare West | 594 F.3d 694 (C.A. 9 (Ariz.), 2010) | 2010 WL 376093 (C.A.9 (Ariz.)) |
The plaintiffs, In Defense of Animals and Patricia Haight brought suit against the defendants, Michael Berens, the principal research investigator of the study in question, and the Barrow Neurological Institute, St. Joseph’s Hospital and Medical Center, Catholic Healthcare West Arizona, and Catholic Healthcare West, his employers, under the False Claims Act. In 1997, defendant Michael Berens, Ph.D., submitted a grant application to the NIH in which he sought federal funding for a project to develop a canine model to study glioma, a form of human brain cancer, and attempted to create a process for implanting gliomas in the brains of beagles. The plaintiffs brought suit against Dr. Berens under the False Claims Act asserting that he had lied in his grant application in order to obtain NIH funding. The district court granted summary judgment to the defendants, holding that the plaintiffs failed to produce sufficient evidence from which a reasonable jury could find that the challenged grant application statements were objectively false. In response, the plaintiffs filed a notice to appeal 51 days later, relying on a circuit court precedent allowing plaintiffs 60 days to file a notice of appeal in these types of cases. However, an intervening Supreme Court decision declared that plaintiffs have only 30 days to file a notice to appeal in this type of case. This case was amended and superseded by US ex rel Haight v. Catholic Healthcare West , 602 F.3d 949 (9th Cir., 2010). |
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| Derecho Animal Volume 1 Núm 1 |
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| Rupert v. Director, U.S. Fish and Wildlife Service | 957 F.2d 32 (1st Cir. 1992) |
Appellant was the pastor of an all-race Native American church that required the use of eagle feathers during certain worship who challenged the BGEPA after being denied a permit to obtain eagle feathers because he was not a member of a recognized Indian tribe. Under an equal protection analysis, the court found the limitation on the use of eagle parts to Native Americans is rationally related to the government's interest in preserving the eagle population as well as the special religious and cultural interests of Native Americans. For further discussion on religious challenges to the BGEPA by non-Native Americans, see Detailed Discussion of Eagle Act. |
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| MI - Initiatives - Proposal 14-2, A REFERENDUM OF PUBLIC ACT 520 OF 2012, ESTABLISHING A HUNTING SEASON FOR WOLVES AND AUTHORIZING ANNUAL WOLF HUNTING SEASONS | Proposal 14-2 (2014) |
This is the second wolf-related ballot measure for the November 4, 2014 election that also operates as a veto referendum. If the proposal is approved, it would uphold Public Act 21 of 2013, which authorizes the Natural Resources Commission to directly designate game species (including wolves) and determine hunting seasons. In Michigan, a "Yes" vote on a veto referendum upholds the law and a "No" vote rejects the law. As a result, the referendum's supporters are campaigning for a "No" vote. |
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| CA - Circus - § 25989.1. Notice to animal control services agency of performances to be conducted | West's Ann. Cal. Health & Safety Code § 25989.1 | CA HLTH & S § 25989.1 | This California section provides that any traveling circus or carnival must notify entity that provides animal control services for a city, county, or city and county in which the traveling circus or carnival intends to perform of its intent to perform within that jurisdiction at least 14 days prior to the first performance in that city, county, or city and county. Violation results in a fine of $500 - 2,000 for a first violation, and $1,500 - 5,000 for any subsequent violation. | Statute | ||||||
| New York Penal Law 1866: Chapter 682: Section 2 | N.Y. Rev. Stat. 682.2 (1866) | Chapter 682 from New York Penal Law of 1866 covers cruelty to animals. Section 2 from this chapter describes the offense entitled neglect of disabled animals. The law states the penalty for leaving a disabled or diseased animal to die on any state or city land. | Statute |