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Title Citation Alternate Citation Summary Type
Creekstone Farms Premium Beef v. United States Department of Agriculture 517 F.Supp.2d 8 (D.D.C.,2007) 2007 WL 1020786 (D.D.C.,2007) Creekstone Farms Premium Beef (Creekstone) sought to independently test their slaughtered cows so they could more safely provide meat to consumers. Creekstone requested testing kits from the USDA, the same kits that USDA inspectors use to test for BSE. The district court ruled that Creekstone could perform the tests. Case
CA - Veterinary - Chapter 11. Veterinary Medicine. West's Ann. Cal. Bus. & Prof. Code § 4800 - 4920_8 CA BUS & PROF § 4800 - 4920.8 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute
Brown v. State 166 So. 3d 817 (Fla. Dist. Ct. App. 2015) 2015 WL 72231 (Fla. Dist. Ct. App. 2015) Defendant was found guilty of felony cruelty to animals after a Chow mix was found near defendant's mobile home emaciated and suffering from several long-term conditions that had gone untreated. Defendant was convicted in the Circuit Court, Pasco County and was sentenced to six months of community control followed by three years of probation. She timely appealed, raising several arguments. The District Court of Florida affirmed the trial court’s decision, writing only to address her claim that the trial court erred in denying her motion for judgment of acquittal because a felony conviction for animal cruelty Florida Statutes could not be based on an omission or failure to act. In doing so, the court noted that a defendant could be properly charged with felony animal cruelty under this version of the Florida statute for intentionally committing an act that resulted in excessive or repeated infliction of unnecessary pain or suffering to an animal by failing to provide adequate food, water, or medical treatment. The court then held that sufficient evidence existed showing that defendant owned a dog and failed, over a period of more than one year, to provide adequate food, water and needed medical care. Case
Association des Eleveurs de Canards et d'Oies du Quebec v. Harris 729 F.3d 937 (9th Cir. 2013) 13 Cal. Daily Op. Serv, 2013 WL 4615131 (9th Cir. 2013)
Prior to California's Force Fed Birds law—which bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size—coming into effect, two non-California entities produced foie gras that was sold at a California restaurant. When the law came into effect, all three entities sought to enjoin the state of California from enforcing the law; they argued the law was unconstitutionally vague and violated the Commerce Clause of the U.S. Constitution. The district court, however, denied their motion for preliminary injunction. On appeal, the 9th Circuit affirmed the lower court’s decision to deny the preliminary injunction.
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Loy v. Kenney 301 Cal. Rptr. 3d 352 (Cal.App. 2 Dist., 2022), reh'g denied (Dec. 2, 2022) 85 Cal.App.5th 403 (Cal.App. 2 Dist., 2022) This is a case brought by purchasers of puppies from breeders advertising on Craigslist, against the breeders who were selling fatally sick puppies to these buyers. The buyers allege that the sellers misrepresented the puppies as healthy, when the dogs were actually too young to be separated from their mothers and many of these puppies ended up dying from illnesses such as parvovirus. The buyers brought suit for violation of the Consumers Legal Remedies Act, and for animal cruelty. The trial court granted a preliminary injunction to stop the sellers from advertising and selling dogs while trial was pending. This appeal followed, with the sellers arguing that there was insufficient evidence to show that they were the sellers of these sick puppies. However, the court of appeals affirmed. The court found that the evidence from the humane officer’s search of the seller’s home led to sufficient evidence that they were selling the sick puppies, including the seizure of 32 puppies and dogs living in unhealthy and cruel conditions. The puppies were being separated from their mothers too soon, and some were encrusted with feces. During the search, one of the sellers also told the officer that they would not stop selling puppies. Sellers attempted to raise several evidentiary objections to the evidence offered by the humane society officers, but all were rejected. Accordingly, the judgment was affirmed and awarded costs to the buyers who brought the action. Case
CT - Horse Meat - § 21a-22. Sale of equine meat in public eating places C. G. S. A. § 21a-22 CT ST § 21a-22 This Connecticut law states that a public eating place shall not sell or offer equine meat without without indicating such contents of each item in print. Any person, or the responsible agent of any firm or corporation, who violates any provision of this section shall be fined not more than $1,000 or imprisoned not more than 1 year or both. Statute
Animal Protection and Rescue League v. California Slip Copy, 2008 WL 315709 (S.D.Cal.)

Plaintiffs move for a temporary restraining order (TRO) to compel defendant City of San Diego to place a seasonal rope barrier at the La Jolla Children's Pool Beach to limit human interaction with harbor seals during pupping season. In denying the TRO, the court noted that plaintiffs failed to identify a single incident of harassment occurring since December 15, 2007 (the beginning of the pupping season) or any causal nexus between miscarriages and people walking up to the seals. While the parties agree placement of the barrier would not harm people and act as an effective tool, the court noted that the focus of irreparable harm is on the harm sought to be prevented not on the difficulty in carrying out the task.   

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IN - Cattle Slaughter - THE KERALA PANCHAYAT RAJ (SLAUGHTER HOUSES AND MEAT STALLS) RULES, 1996 13 or 1994 These Rules regulate the operation of slaughterhouses and meat stalls. Animals may be slaughtered only in public or licensed slaughter houses within a village panchayat area. Slaughter houses may not be established within 90 metres of any house. Butchers require licenses for slaughtering animals. Animals may not be admitted to slaughter houses unless they are examined and certified as being free from contagious diseases. Statute
UK - Welfare - Protection of Animals (Anaesthetics) Act 1954 1954 c. 46

For historical purposes only. Law has been repealed and/or replaced. An Act to extend the provisions of the Protection of Animals Acts in relation to the performance of operations on animals. The statute provides a list of operations that may only be performed with the use of anaesthetic.

Statute
Creekstone Farms Premium Beef, L.L.C. v. Department of Agriculture 539 F.3d 492 (D.C.Cir., 2008) 2008 WL 3980533 (C.A.D.C.) Plaintiff, a supplier of beef products, brought an action against Defendant, the United States Department of Agriculture (USDA), after the USDA denied Plaintiff’s request to purchase Bovine Spongiform Encephalopathy (BSE) testing kits.   The United States Court of Appeals, District of Columbia Circuit found that the USDA has authority under the Virus Serum Toxin Act (VSTA) to regulate the use of biological products, the USDA’s interpretation of VSTA allowing the USDA to deny an import permit based on the product’s intended use was not inconsistent with the regulation and was therefore entitled to deference by the Court, the USDA’s interpretation of the word “treatment” as including diagnostic activities was entitled to deference, and that   BSE testing is a diagnostic activity for purposes of VSTA. Case

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