Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Banks v. Adair | 251 S.E.2d 88 (Ga.App., 1978) | 148 Ga.App. 254 (Ga.App., 1978) |
In this Georgia dog bite case, plaintiffs appealed a directed verdict for the defendant. The Court of Appeals held that the verdict was properly directed for defendant where there was no evidence that established the defendant's knowledge of his dog's propensity to bite or injure humans.
|
Case | |
| Supreme Beef Processors, Inc. v. U.S. Dept. of Agriculture | 275 F.3d 432 (C.A.5 (Tex.),2001) | 51 Fed.R.Serv.3d 1445 (2001) |
The Fifth Circuit United States Court of Appeals affirmed the district court's decision that the Federal Meat Inspection Act focuses on the processes used by a manufacturer and not the product itself, and that the presence of Salmonella bacteria in the meat does not necessarily make a product "adulterated" because the act of the cooking meat normally destroys the bacteria. |
Case | |
| Ley Federal de Responsabilidad Ambiental | Ley Federal de Responsabilidad Ambiental | This law governs environmental responsibility arising from environmental harm and addresses the legal damages and consequences resulting from such harm. It recognizes damages caused to the environment regardless of the damages caused to the owner of the land and the natural resources. | Statute | ||
| State v. Crosswhite | 273 Or. App. 605 (2015) | 2015 WL 5439355 (Or. Ct. App., 2015) | After being tipped off about a dog fight, authorities seized several dogs from a home. Defendant was charged with one count of second-degree animal abuse and four counts of second-degree animal neglect. After the presentation of the state's evidence in circuit court, defendant moved for a judgment of acquittal on all counts, arguing, as to second-degree animal neglect, that the state had failed to present sufficient evidence from which a jury could conclude that defendant had custody or control over the dogs. Circuit court denied the motion and defendant was convicted on all counts. Defendant appealed the denial of the motion, again arguing that the state failed to prove that he had “custody or control” over the dogs. The appeals court concluded that the plain text and context of ORS 167.325(1), together with the legislature's use of the same term in a similar statute, demonstrated that the legislature intended the term “control” to include someone who had the authority to guide or manage an animal or who directed or restrained the animal, regardless if the person owned the animal. Given the facts of the case, the court concluded that based on that evidence, a reasonable juror could find that defendant had control over the dogs, and the trial court had not erred in denying defendant’s motion for judgment of acquittal. | Case | |
| AR - Endangered Species - 002.00.1-05.27. Endangered Species Protected | AR ADC 002.00.1-05.27 | Ark. Admin. Code 002.00.1-05.27 | This Arkansas regulation states that it is illegal to import, transport, sell, purchase, take or possess any endangered species of wildlife or parts thereof except as provided. | Administrative | |
| ID - Dog - Consolidated Dog Laws | I.C. § 18-7039; § 25-2801 - 2812; § 36-1101 | I.C.A. § 18-7039; 25-2801 - 2812; I.C.A. § 36-1101 | These Idaho statutes comprise the state's dog laws. Among the provisions include licensing requirements, laws regarding dogs at large and vicious dogs, and immunity for acts done by law enforcement dogs. | Statute | |
| CA - Birds, killing - § 598. Birds in cemeteries; killing, trapping, destroying nests, etc. | West's Ann. Cal. Penal Code § 598 | CA PENAL § 598 | This statute makes it unlawful within any public cemetery or burying-ground to kill, wound, or trap any bird, or destroy any bird's nest other than swallows' nests, or remove any eggs or young birds from any nest. | Statute | |
| U.S. v. 3,210 crusted sides of Caiman crocodilus yacare | 636 F.Supp. 1281 (S.D. Fla. 1986) |
The plaintiff, the United States of America, seeks forfeiture of the defendant, 10,870 crusted sides of Caiman crocodilus yacare, an endangered species of wildlife (hides) transported from Bolivia to the U.S. in violation of the Lacey Act, among other statutes. The court found that the testimony concerning the shrinkage of the crocodile hides during tanning did not meet the buren of the claimed owners showing by a preponderance of the evidence that the hides, which were shipped from Bolivia under the size limit imposed by Bolivian law, were not subject to the forfeiture provisions of the Lacey Act, 16 U.S.C. § 3374(a)(1) (1985). The provision of the Lacey Act at issue prohibits the interstate or foreign commerce of any wildlife taken in violation of any foreign law. |
Case | ||
| U.S. v. Fullmer | 584 F.3d 132 (C.A.3 (N.J.), 2009) | 2009 WL 3273955 (C.A.3 (N.J.)) |
In an issue of first impression, this Court considered whether the Animal Enterprise Protection Act (AEPA) was unconstitutional either on its face or as-applied to defendants. The defendants in this case were an animal rights organization ("SHAC") and six associated individuals. The defendants engaged in direct action ranging from electronic civil disobedience to destroying property at the homes of individuals associated with Huntingdon Life Sciences (a research corporation that performs animal testing for other companies). Defendants argued that the statute has a chilling effect on speech because protestors will refrain from all speech, even protected speech, due to the ambiguity of what the statute proscribes. Thus the Court found that the government provided sufficient evidence to prove that the defendants conspired to violate the AEPA. |
Case | |
| Ecuador - Environmental - Decreto Ejecutivo 752 | Regulations to the Code of the Environment | Decreto 752 regulates the environment code. It comprises seven books that regulate each of the books in the Environmental Code regulating topics such as natural heritage, environmental quality, climate change, the coastal marine zone, environmental incentives, etc. These books contain chapters, sections, and provisions concerning wildlife, urban fauna, protected areas, production, and sustainable use, etc. This regulation establishes that all wildlife species are protected by the government, and gives special priority to native, endemic, threatened, and migratory species. It prohibits the commercial trade of wildlife from being used as pets without authorization; the commercial trade of native, endemic, threatened, and migratory wildlife species directly taken from their natural habitat; and other prohibitions that the environmental authority may establish. This executive decree also regulates the application of The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Chapter V, articles 106-121. | Statute |