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Title Citation Alternate Citation Agency 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
DICKERSON v. BRITTINGHAM. 86 A. 106 (Del.Super. 1913) 4 Boyce 93, 27 Del. 93 (1913)

In this Delaware case, the plaintiff brought an action against the defendant to recover damages for the death of plaintiff's horse, alleged to have been caused by the negligent driving by the defendant of his team. This resulted in a head-on collision, which caused the death of the horse days after. The jury found in favor of the plaintiff. On appeal, the court held that if the jury believed from the evidence presented that the defendant was driving without ordinary care, the verdict should stand for the plaintiff.

Case
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
People v. Berry 1 Cal. App. 4th 778 (1991) 2 Cal.Rptr.2d 416 (1991)

In a prosecution arising out of the killing of a two-year-old child by a pit bulldog owned by a neighbor of the victim, the owner was convicted of involuntary manslaughter (Pen. Code, §   192, subd. (b)), keeping a mischievous animal (Pen. Code, §   399), and keeping a fighting dog (Pen. Code, §   597.5, subd. (a)(1)). The Court of Appeal affirmed, holding that an instruction that a minor under the age of five years is not required to take precautions, was proper. The court further held that the trial court erred in defining "mischievous" in the jury instruction, however, the erroneous definition was not prejudicial error under any standard of review. The court also held that the scope of defendant's duty owed toward the victim was not defined by Civ. Code, §   3342, the dog-bite statute; nothing in the statute suggests it creates a defense in a criminal action based on the victim's status as a trespasser and on the defendant's negligence.

Case
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.

Statute
VA - Horse Transport - Chapter 160. Rules and Regulations Governing the Transportation of Horses (repealed 2016) 2 VA ADC 5-160-10 to 90 2 VAC 5-160-10 to 90 [Note: these regulations were repealed in 2016 and are provided for historical context only.] These previous Virginia regulations address the transportation of loads of more than six horses being transported to a commercial slaughter facility in a vehicle. Vehicles that have more than one tier holding horses are allowed only if the tier is designed, constructed, and maintained to withstand the weight of the horses held by it. Administrative
Derecho Animal Volume 1 Núm 1

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Editorial

 

Introducción

Teresa Giménez-Candela

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Policy
Dunham v. Kootenai County 690 F.Supp.2d 1162 (D.Idaho, 2010) 2010 WL 556803 (D.Idaho)

This matter involves the Defendant Kootenai County's motion for summary judgment this federal civil rights case filed by Dunham. The facts underlying the case stem from 2008, when county animal control officers went to Dunham's residence to investigate complaints of possible animal cruelty. During their investigation, Defendants entered Dunham's property to ascertain the condition of the horses residing there in a round-pen. Despite the conditions of the horses which necessitated their removal and relocation to an equine rescue facility, Dunham was ultimately charged and found not guilty of charges of animal cruelty. Dunham claims that Defendants violated her Fourth Amendment rights when they searched her property and seized her horses without a warrant. Defendants counter that the search was constitutional based on the open fields doctrine, and that the seizure was constitutional based on the plain view doctrine. Based on the open fields doctrine, the Court concluded that Dunham did not have an expectation of privacy in the searched area.

Case
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.

Statute
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

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