Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Sacco v. Tate | 175 Misc.2d 901 (N.Y. 1998) | 175 Misc.2d 901, 672 N.Y.S.2d 618, 1998 N.Y. Slip Op. 98231 |
Plaintiffs commenced the instant action to recover veterinary expenses incurred by reason of the fact that the dog sold to them by defendant was not healthy. The court held that plaintiffs were not entitled to avail themselves of the remedies afforded by article 35-D of the General Business Law by reason of their failure to comply with the requirements set forth in section 753 thereof (to wit, they did not produce the dog for examination by a licensed veterinarian designated by the dealer, nor did they furnish the dealer with a certification of unfitness of the dog within three days after their receipt thereof). The court, however, noted that the article does not limit the rights or remedies which are otherwise available to a consumer under any other law, so the award by the court was affirmed (albeit on a different basis). |
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| US - Air travel, service animals - Subpart H. Services on Aircraft. | 14 C.F.R. § 382.117, § 382.51, and § 382.117 | Note: two of these sections were removed and reserved in 2020, effectively removing provisions related to service animals. Prior to it being removed, it previously stated that carriers must permit service animals to accompany passengers with disabilities. A carrier must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits, unless the animal obstructs an aisle or other area. The Department of Transportation used to allow identification of a service animal by the presence of harnesses, tags, or "the credible verbal assurances of a qualified individual with a disability using the animal." A carrier is was never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders). | Administrative | ||
| City of Delray Beach v. St. Juste | 989 So.2d 655 (Fla.App. 4 Dist. 2008) | 2008 WL 2261598 (Fla.App. 4 Dist.), 33 Fla. L. Weekly D1456 | In this Florida case, the city of Delray Beach appealed from a judgment for damages in favor of appellee plaintiff, who was injured by two loose dogs. The theory of liability was based on the city's knowledge, from prior complaints, that these dogs were loose from time to time and dangerous. The plaintiff suggested that the city's failure to impound the dogs after prior numerous complaints contributed to the attack. The court concluded that decisions made by the city's animal control officer and police to not impound the dogs were discretionary decisions, and therefore the city was immune. | Case | |
| National Meat Ass'n v. Harris | 32 S.Ct. 965 (2012) | 2012 WL 171119 (U.S.) |
Trade association representing packers and processors of swine livestock and pork products sued the State of California for declaratory and injunctive relief barring a ban on slaughter and inhumane handling of nonambulatory animals on federally regulated swine slaughterhouses. The Supreme Court held that the Federal Meat Inspection Act (FMIA) preempted the California Penal Code provision prohibiting the sale of meat or meat product of “nonambulatory” animals for human consumption and requiring immediate euthanization of nonambulatory animals. |
Case | |
| Respecting Animals: A Balanced Approach to Our Relationship with Pets, Food, and Wildlife |
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Policy | |||
| MS - Dangerous Animal - Chapter 3. Crimes Against the Person. | Miss. Code Ann. § 97-3-45 | MS ST § 97-3-45 | This Mississippi law makes an owner liable for manslaughter if he or she wilfully allows a mischievous animal to go at large, or it goes at large because the owner fails to exercise ordinary care, and the animal, while at large or not confined, kills any human being who took reasonable precautions to avoid the animal. | Statute | |
| IL - Ordinances - 5/7. Remittance of fees; Animal Control Fund; use of fund; self-insurance | 510 I.L.C.S. 5/7 | IL ST CH 510 § 5/7 | This Illinois statute provides that all registration fees collected shall be remitted the county Animal Control Fund. This fund shall be set up for the purpose of paying costs of the Animal Control Program. This includes paying claims for loss of livestock or poultry and for other ordinance enacted measures, including the purchase of human rabies anti-serum, human vaccine, the cost for administration of serum or vaccine, minor medical care; paying the cost of stray dog control, impoundment, education on animal control and rabies; or any county or municipal ordinance as established by ordinance of the County Board. In 2013, the statute was amended to provide different provisions for how the fund shall be used for cities with 3 million or more people and for cities with less than 3 million people. | Statute | |
| Trager v. Thor | 516 N.W.2d 69 (Mich.,1994) | 445 Mich. 95 (Mich.,1994) |
In this Michigan case involving an action for damages after personal injury, the father of the dog’s owner was visiting his son's home when he agreed to supervise the dog while his son and daughter-in-law went shopping. The n eighbor’s child was subsequently bitten by the dog, which had been put by defendant into a bedroom. This court held that the defendant, as a temporary caretaker of the dog, could not be held to the strict liability standard of an owner keeper, but could be liable under theory of negligence. Thus, a genuine issue of material fact remained as to whether the father was negligent in fulfilling his duty of care in supervising the dog, which precluded summary judgment in a negligence action. |
Case | |
| IN RE: PET PARADISE, INC. | 51 Agric. Dec. 1047 (1992) | 1992 WL 240852 (U.S.D.A.) | Where complaint advised respondent of exact matters at issue, there is no basis for dismissing any allegations of complaint merely because they failed to specify subsections of regulations or standards involved in some of alleged violations. Formalities of court pleading are not applicable in administrative proceedings. Findings of fact need only be supported by a preponderance of the evidence. A violation is willful if the person intentionally does an act which is prohibited or acts with careless disregard of statutory requirements. | Case | |
| Oceana, Inc. v. Gutierrez | 488 F.3d 1020 (C.A.D.C., 2007) | 2007 WL 1574607 (C.A.D.C.) |
This federal appeal concerns regulations issued by the National Marine Fisheries Service in 2004 for leatherback sea turtles. The leatherbacks experience mortality due to long-line fishing in the pelagic ocean after they become entangled or hooked on the lines. In 2001, the Service issued an RFA - reasonable and prudent alternative - to long-line fishing operations in the pelagic ocean off the coast of New Jersey where operators could replace the industry-wide standard J-hook with circle hooks which would reduce mortality. Oceana claim is that the Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherbacks caught in longlines. The Court of Appeals agreed with the district court that the Service's judgment was not arbitrary or capricious when it predicted that fishing operators could achieve a 13.1 post-release mortality rate. |
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