Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| People v. Jornov | 65 A.D.3d 363, 881 N.Y.S.2d 776 (N.Y.A.D. 4 Dept.,2009) | 2009 WL 1887134 (N.Y.A.D. 4 Dept.), 2009 N.Y. Slip Op. 05430 |
This New York case stems from an attack on Philip Mueller and his dog by Defendant-Appellant Jornov's "two pit bull-terrier mixed breed dogs.” During proceedings in City Court, the court determined that defendant's dogs were dangerous dogs and directed that they be euthanized. The Supreme Court, Appellate Division, Fourth Department, affirmed the finding that the dogs were dangerous under Agriculture and Markets Law § 121 and Agriculture and Markets Law § 350[5] because there was clear and convincing evidence that the dogs attacked a companion animal and behaved in a manner that a reasonable person would believe posed a serious and imminent threat of serious physical injury or death. However, under the amended version of the statute, a judge or justice may not automatically direct humane euthanasia or permanent confinement of a dangerous dog where none of the aggravating circumstances are present. |
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| Howle v. Aqua Illinois, Inc. | 2012 IL App (4th) 120207 (Ill.App. 4 Dist.) | 2012 IL App (4th) 120207 | As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim. | Case | ||||||||
| Sentencia Constitucional 1982/2011-R- Bolivia | Tribunal Constitucional Plurinacional de Bolivia, Sentencia Constitucional 1982/2011-R | The Bolivia Constitutional Tribunal issued this decision in response to a "popular action," a constitutional mechanism safeguarding collective and diffuse rights. The complaint alleged that the municipal Mayor had infringed upon the right to integral education and environmental balance by neglecting to address requests for relocating animals at the "Oscar Alfaro Zoo," where they endured highly inadequate conditions. In its ruling, the tribunal highlighted the interconnectedness of humans with the environment, stressing that environmental preservation hinges on balance and health. Disruption of this delicate equilibrium poses risks to the environment and humans, who are also part of the biological chain. Recognizing the right to a healthy environment as a diffuse right, the court stresses it affects all members of the collective, which includes all elements of the environment and its ecosystems. Thus, the tribunal granted the requested protection, finding the Mayor responsible for violating the right to a healthy environment and the duty to preserve and protect it. The Mayor's inaction led to the tragic death of numerous animals at the zoo. The court ordered the immediate temporary relocation of the animals to specialized facilities to ensure their survival and the conservation of species at the zoo. However, it clarified that the popular action mechanism could not address the right to integral education. | Case | |||||||||
| In re: Tri-State Zoological Park of Western Maryland, Inc. | 2013 WL 8214620 (U.S.D.A.) | Mr. Candy started Tri-State, a zoo, in 2002 as a way to provide his children and other members of the community in Cumberland, Maryland, with an entertaining and educational activity. However, several violations of the Animal Welfare Act led to a cease and desist order and a 45 day suspension of the zoo’s license. | Case | |||||||||
| US - Dogs at Large - Subpart D. Impoundment Procedures. § 28.43 Destruction of dogs and cats. | 41 FR 9171 | 50 C.F.R. § 28.43 | This federal rule states that dogs and cats running at large on a national wildlife refuge and observed by an authorized official in the act of killing, injuring, harassing or molesting humans or wildlife may be disposed of in the interest of public safety and protection of the wildlife. | Administrative | ||||||||
| IN - Endangered Species - Chapter 34. Nongame and Endangered Species Conservation | I.C. 14-22-34-1 to 21 | IN ST 14-22-34-1 to 21 | These Indiana statutes set out the definitions related to endangered species and prohibit any form of possession of listed species, including taking, transporting, purchasing or selling except by permit. Listed species may be removed, captured, or destroyed if it is shown by good cause that the species are causing property damage or are a danger to human health. | Statute | ||||||||
| CO - Hunting - Willful Destruction of Wildlife | C. R. S. A. § 33-6-117 | CO ST § 33-6-117 | Colorado has a unique statute specific to poaching for the purpose of acquiring parts or "trophies" from an animal with the intent of abandoning the carcass, or even soliciting someone else to do so. Taking or hunting big game, eagles, or endangered species with this intent results in a felony. The intent of the law is stated "to protect the wildlife from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers." | Statute | ||||||||
| Molenaar v. United Cattle Co. | 553 N.W.2d 424 (Minn.App., 1996) |
Plaintiff livestock owner sued defendant livestock owner for conversion after defendant knowingly took both its heifers and plaintiff's heifers from a livestock holding facility that defendant was suing for breach of contract. The District Court entered judgment after a jury verdict in favor of plaintiff but granted judgment notwithstanding verdict (JNOV) to defendant on punitive damages. The Court of Appeals held that punitive damages could be awarded even though defendant did not suffer personal injury and the evidence was sufficient to find defendant liable for conversion. This case established that a litigant may recover punitive damages for conversion of property if the conversion is in deliberate disregard of the rights or safety of others. |
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| Winingham v. Anheuser-Busch, Inc. | 859 F.Supp. 1019 (1994) |
Ostrich owners sued to recover actual and exemplary damages, attorney fees, costs and interests for gross negligence after an airship flew over their property at low altitude, which frightened interfered with the ostriches’ breeding. The District Court held that: (1) allegations of fright and temporary loss of libido failed to allege compensable injury absent proof of physical injury; and (2) owners were not entitled to recover speculative value of unborn offspring; and (3) absent actual damages, exemplary damages could not be awarded. |
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| Derecho Animal Volume 3 Núm 2 |
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Policy |