Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Williams v. Reynolds | 263 S.E.2d 853 (N.C.App., 1980) | 45 N.C.App. 655 (N.C.App., 1980) | This is an action for veterinary malpractice brought by the owner of a horse against a veterinarian that performed the castration surgery that led to the death of the horse. The trial court refused to allow a veterinarian with experience practicing in the same area and with a similar background to testify about whether he was familiar the accepted standards or to answer questions to elicit his opinion about whether defendant's treatment of the horse was unacceptable for practicing veterinarians in the area. The trial court then granted defendant's motion for a directed verdict, and this appeal followed. The court held that the judge erred in excluding the testimony, and reversed and remanded the case. | Case |
| People ex rel. Nonhuman Rights Project, Inc. v. Lavery | 2014 WL 6802767 (N.Y. App. Div. Dec. 4, 2014) | 2014 N.Y. Slip Op. 08531 | This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings." | Case |
| Marine Mammals Issues | Policy | |||
| CA - Crimes - § 597. Cruelty to animals | West's Ann. Cal. Penal Code § 597 | CA PENAL § 597 | This statutes states that anyone who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment. The statute also defines specific forms of torture and mistreatment that qualifies as a crime under this section. | Statute |
| Canada - British Columbia - Division 1 -- Regulation of Animals | R.S.B.C. 1996, c. 323, s. 702.1 - 707.1(10) |
This set of British Columbia, Canada laws addresses animal control. The provisions give the animal control board the authority to regulate loose animals and licensing of dogs. |
Statute | |
| Oregon Natural Desert Ass'n v. Kimbell | Slip Copy, 2008 WL 4186913 (D.Or.) |
After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits. The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted. |
Case | |
| United States v. Bowman | 43 S.Ct. 39 (1922) | 260 U.S. 94 (1922) |
This case involves a conspiracy charge to defraud a corporation in which the United States was a stockholder. The Fifth Circuit Court of Appeals in United States v. Mitchell referred to this Supreme Court case when it found that the nature of the MMPA does not compel its application to foreign territories. |
Case |
| The Legal Guardianship of Animals |
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Policy | ||
| Additional Protocol to the European Convention for the Protection of Animals During International Transport | Amendments to the European Convention for the Protection of Animals During International Transport. The amendments are mainly procedural rather than substantive. | Treaty | ||
| AL - Public Nuisances - Chapter 10. Nuisances Menacing Public Health | Ala. Code 1975 § 22-10-1 to 3 | AL ST § 22-10-1 to 3 | This set of laws lists various animal-related actions and conditions that are considered nuisances per se because of their significant public health risks. In addition, it addresses the methods by which such nuisances may be abated, up to and including the destruction of property without compensation. | Statute |
