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Title Citation Alternate Citation Agency Citation Summary Type
GREEN v. LECKINGTON 236 P.2d 335 (Or. 1951) 192 Or. 601 (Or. 1951)

In this Oregon case, defendant appeals a judgment of $700 in damages obtained against him after he shot plaintiff’s dog. The dog had gone onto to defendant’s property and was chasing his chickens. On appeal, the Supreme Court found that because it was a general verdict, there was no way to determine a basis for the jury’s verdict; specifically, whether erroneous instructions on exemplary damages and the proper measure of damages influenced the verdict. Because the Court had the whole record before it (and in the interest of “harmony between neighbors”), the Court fixed the damages at the true market value of the dog ($250).

Case
Bacon (Litigation Guardian of) v. Ryan 1995 CarswellSask 540 [1996] 3 W.W.R. 215, 27 C.C.L.T. (2d) 308, 138 Sask. R. 297

The child plaintiff was bitten on the face by a pitbull owned by the defendants, requiring reconstructive surgery and two days hospitalization and causing permanent scarring. The dog had bitten the owner's young son two weeks earlier while he played near the dog's food dish'; they contemplated having the dog euthanized but decided against it. The plaintiff's mother had heard about the bite incident but brought her daughter of the same age as the owner's son to visit, placing her on the floor where the dog bit her shortly after. The judge held that the defendants knew of the dog's propensity to bite young children but kept it ''at their peril" (suggesting strict liability or scienter, which was not however mentioned); such fault was sufficient to make the owners 2/3 liable for the child's $12,000 plastic surgery costs, pain and mental anguish. The plaintiff's mother was held 1/ contributorily liable for letting her child visit and play on the floor near the dog, knowing of its propensity.

Case
WA - Restaurant - 246-215-06570. Methods - Prohibiting animals (FDA Food Code 6-501.115) WA ADC 246-215-06570 WAC 246-215-06570 This Washington regulation generally prohibits live animals on the premises of a food establishment. However, subsection (4) now allows dogs to be present in the outdoor area of such premises if certain conditions are met. These include the permit holder (the food establishment) possessing an approved plan allowing dogs in its outdoor premises. Dogs must be on a leash and under control of their handlers. Dogs must not go through the interior of the food establishment and must not go on tables, chairs, or other fixtures. If the food establishment provides containers for food or drink for the dogs, those containers must not be washed in the food establishment. Food employees must not have contact with the dogs and the area musts be maintained so that it is clean of animal waste. Adequate signage must notify patrons of the facility's decision to allow dogs. Administrative
ARFF, Inc. v. Siegel 867 So.2d 451 (Fla. Dist. Ct. App. 2004) 29 Fla. L. Weekly D355 (Fla. Dist. Ct. App. 2004)

Resort developer and president of an animal performance company received an injunction against an animal rights group limiting their ability to both picket the resort and distribute pamphlets claiming that the big cats were abused.  Appellate court reversed, finding that the picketing regulations burdened more speech than necessary and that the restriction on distributing pamphlets was a prior restraint not justified by a compelling state interest.

Case
US - Meat Inspection - Labeling (Historical) 9 C.F.R. 317 These former Federal Meat Inspection Act regulations detail the law surrounding labeling, marking, and containing packaged food prior to 2014. Read an Animal Welfare Institute petition to amend section 317.4 of labeling regulations under the Federal Meat Inspection Act (FMIA). The new regulations went into effect in 2014. Administrative
Giaconia v. Delaware County Soc. for the Prevention of Cruelty to Animals Slip Copy, 2008 WL 4442632 (E.D.Pa.)

Plaintiff brought various claims against Defendants after Plaintiff’s cat was euthanized prior to the standard 72 hour waiting period.   On Defendants’ motion to dismiss, the United States District Court, E.D. Pennsylvania found that Defendants were not acting under color of law.   Because any and all claims for which the Court had original jurisdiction were being dismissed, the Court declined to exercise supplemental jurisdiction over Plaintiff’s State law claims.  

Case
Drinkhouse v. Van Ness 260 P. 869 (1935) 202 Cal. 359 (1935)

Plaintiffs sued defendants to recover value of a horse that was wrongfully taken from them. The Court held that evidence was admissible to establish the value of the horse at the time of the wrongful taking to fix the damages amount. The peculiar value of the horse as a sire was established by evidence as to the horse’s racing history and to its progeny’s character and racing ability. Owners were entitled to recover damages for the reasonable value of the horse’s use during the period they were wrongfully deprived of it.

Case
Schindler v. Mejias 100 A.D.3d 1315 (N.Y.A.D. 3 Dept., 2012) 2012 WL 5950370 (N.Y.A.D. 3 Dept.); 955 N.Y.S.2d 252

This appeal is an appeal of the denial of defendant's motion for summary judgment in a defamation action. Plaintiff, an attorney, brought an action against Hector L. Mejias Jr., an employee of defendant Ulster County Society for the Prevention of Cruelty to Animals, claiming that Mejias falsely accused him of misrepresenting himself as the Ulster County District Attorney during a sworn deposition. The statement occurred during an incident at the SPCA where Plaintiff-Schindler was trying to pick up a dog owned by his client. The particular issue on appeal is whether the supreme court erred in determining that Mejias's supporting deposition constitutes libel per se. The court found that the alleged act was sufficiently egregious because such a claim would suggest professional misconduct on an attorney's part and invites both disciplinary action and damage to an attorney's professional reputation. Further, defendants failed to meet their burden of showing an absence of malice. The order was affirmed.

Case
Tlaxcala

This southwestern state is the smallest of the Mexican states. In 2022, Tlaxcala joined the vast list of states in Mexico that punish animal cruelty as a criminal offense. Before that, this state only had an animal protection law that was enacted in 2019.

Policy
Gorman v. Pierce County 176 Wash. App. 63, 307 P.3d 795 (2013) review denied, 179 Wash. 2d 1010, 316 P.3d 495 (2014) 2013 WL 4103314 (Wash. Ct. App. 2013)

After leaving a sliding glass door open for her service dog and her neighbor's dog, the plaintiff in this case was mauled by two pit bulls. Plaintiff sued the dogs' owners under a strict liability statute and the county for negligently responding to prior complaints about the dogs. At trial, a jury not only found all defendants guilty, but also found the plaintiff contributorily negligent.  Upon appeal, the court affirmed the judgment the lower court entered based on the jury verdict.  Chief Judge Worswick concurred in part and dissented in part.

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