Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Arguello v. Behmke | 2006 WL 205097 (N.J.Super.Ch.,2006) (not reported in A.2d) |
The adoption of a dog was invalidated and the court ordered its return to the original owner. The shelter's placement of the dog with a new family was invalid because the shelter agreed that it would hold the dog for a certain period of time. |
Case | |
| Stolte v. Hammack | 716 S.E.2d 796 (Ga. App., 2011) | 2011 WL 4116153 (Ga. App., 2011); 311 Ga.App. 710 (2011) |
After home owner’s roommate was attacked by a pit bull inside the home, the victim filed suit against owner under the vicious animal and the premises liability statutes. The Court of Appeals held that, because the roommate knew about the dog’s vicious propensity to the same extent as the owner, the owner was not liable. Plaintiff must present evidence that the owner had superior knowledge of the dog's temperament for the owner to be liable. |
Case |
| CÓDIGO PENAL PARA EL DISTRITO FEDERAL | CÓDIGO PENAL PARA EL DISTRITO FEDERAL | Animal cruelty against any animal has been considered a crime Under the Criminal Code of Mexico City since 2014. Chapter IV contains the provisions regarding the crimes committed by acts of cruelty or mistreatment against non-human animals. Article 350 BIS establishes that "whoever intentionally mistreats or cruelly acts against any specimen of any animal species causing injury, damage, or alteration in their health will be punished with one to up to three years of imprisonment and three hundred to five hundred times the Units of Measure and Update. In addition, intentional acts of cruelty or mistreatment that cause the death of an animal will be punished with imprisonment from two years to up to six years and six hundred to twelve hundred times the Units of Measure and Update. The penalties will be increased by up to two-thirds in those cases where methods that cause serious suffering to the animal are used prior to the death. Methods that cause serious suffering are understood as all those that lead to non-immediate death and prolong the animal's agony. Using an animal for sexual purposes is punishable with one to three years in prison and five hundred to a thousand times the Units of Measure and Update. Enhanced Penalties: The sanctions stipulated in this article shall be subject to a one-half increase if, in addition to the acts mentioned above, the individual responsible or any other person captures visual evidence with the purpose of publicly disseminating these acts through any means. The same increase applies to the killing of a companion animal for purposes of human consumption." Other articles in this code concerning animals include Article 54. 76, 226 BIS, and 226 TER. | Statute | |
| Animal Law Index Volume 16, Part 2 |
Animal Law Review, Volume 16, Issue 2 (Spring 2010)
INTRODUCTIONINCORPORATING ANIMAL LAW INTO PRIVATE PRACTICE
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Policy | ||
| People for Ethical Treatment of Property Owners v. U.S. Fish and Wildlife | 57 F.Supp.3d 1337 (D. Utah 2014) | Plaintiff People for the Ethical Treatment of Property Owners (“PETPO”) filed the instant lawsuit against United States Fish and Wildlife Service, Daniel M. Ashe, in his official capacity as Director of the United States Fish and Wildlife Service, Noreen Walsh, in her official capacity as Regional Director of the United States Fish and Wildlife Service's Mountain Prairie Region, the United States Department of the Interior, and Sally Jewell, in her official capacity as Secretary of the Interior (collectively “Defendants”), challenging the constitutional authority of the federal government to regulate take of the Utah prairie dog on non-federal land under the Endangered Species Act (“ESA”). Friends of Animals (“FoA”) intervened as a Defendant. The case before the District Court rests on the parties' opposing motions for summary judgment. The District Court found that although the Commerce Clause authorized Congress to do many things, it did not authorize Congress to regulate takes of a purely intrastate species that had no substantial effect on interstate commerce. Congress similarly lacked authority through the Necessary and Proper Clause because the regulation of takes of Utah prairie dogs was not essential or necessary to the ESA's economic scheme. Therefore PETPO's Motion for Summary Judgment was GRANTED, with prejudice; Defendants' Cross–Motion for Summary Judgment was DENIED, with prejudice. Held 50 C.F.R. § 17.40(g) Unconstitutional | Case | |
| IA - Lost Property - Chapter 556F. Lost Property | I. C. A. § 556F.1 - 18 | IA ST § 556F.1 - 18 | This section comprises Iowa's Lost Property Act. The lost property provisions and procedures cover "any lost goods, money, bank notes, or other things of any description whatever, of the value of five dollars and over." | Statute |
| CA - Horse slaughter - § 597o. Humane transportation of equine to slaughter; vehicle requirements; | West's Ann. Cal. Penal Code § 597o | CA PENAL § 597o | This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces. | Statute |
| Hurd v. State | 988 A.2d 1143 (Md. App., 2010) | 2010 WL 366582 (Md.App.), 190 Md.App. 479 (2010) |
In this Maryland case, Defendant appealed his convictions for two counts of aggravated cruelty to animals and two counts of malicious destruction of property valued under $500 relating to the fatal shooting of two of his neighbor's (Randolph's) dogs. On appeal, Defendant maintains the language of the former text of 10-416(b)(3), a section of the Natural Resources Code dealing with deer hunting, renders the shooting justifiable. The Court found that Section 10-416(b)(3) is ambiguous; as such, based on the rule of lenity, the Court construed section 10-416(b)(3), with one exception, as giving persons in Washington County (prior to the 2009 amendment) a right to kill a dog pursing a deer whether or not the dog was being used for purposes of deer hunting. However, the Court found that Section 10-416 of the Natural Resources Article gave Defendant no privilege to kill a dog pursuing a turkey. |
Case |
| VOLPE VITO, INC. v. UNITED STATES DEPARTMENT OF AGRICULTURE | 58 Agric. Dec. 85 (1999) | 1999 WL 33314002 (U.S.D.A.) | Judicial officer is not required to accept ALJ's findings of fact, even when those findings are based on credibility determinations, and judicial officer is authorized to substitute his or her judgment for that of ALJ. | Case |
| Ecuador - Environmental - Organic Procedural Code | Ley 0 Registro Oficial Suplemento 506 de 22-may, 2015 | Ecuador's COGEP | This excerpt is from Ecuador's General Procedural. It contains provisions concerning the representation of nature. These provisions state that any person may file a lawsuit claiming damages on behalf of nature. More specifically, under the articles in Chapter II, nature can be legally represented by any person, entity, collectivity, or by the ombudsperson, who may also act on their initiative. Article 30 establishes who can be a plaintiff and a defendant. Nature is within the definition of these parties. | Statute |