Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Animal Legal Defense Fund v. Veneman | 490 F.3d 725 (9th Cir. 2007) | 07 Cal. Daily Op. Serv. 6427 |
Plaintiffs, who include the Animal Legal Defense Fund ("ALDF"), the Animal Welfare Institute ("AWI"), and three individuals, challenged the United States Department of Agriculture's ("USDA") decision not to adopt a Draft Policy that would have provided guidance to zoos, research facilities, and other regulated entities in how to ensure the psychological well-being of nonhuman primates in order to comply with the federal Animal Welfare Act ("AWA"). The district court granted USDA's motion to dismiss, to which the ALDF timely appealed. Over a vigorous dissent, an appeals court panel reversed the district court's decision. After a sua sponte call, however, a majority of active judges voted to rehear the case en banc. Yet, before the rehearing occurred, the parties had reached a settlement and had agreed to dismiss the case with prejudice provided that the panel's opinion and judgment were vacated. The majority of the en banc panel agreed to vacate the panel's opinion and judgment with prejudice, but Judge Thomas filed the dissenting opinion. |
Case | |||||||
| Murga v. Yarusso | 215 A.D.3d 979, 187 N.Y.S.3d 762 (2023) | No. 2021-00173, 605534/18, 187 N.Y.S.3d 762, 2023 N.Y. Slip Op. 02130, 2023 WL 3083108 (N.Y.A.D. 2 Dept., Apr. 26, 2023) | This New York case involved action to recover damages for personal injuries sustained after defendant's dog allegedly ran into street and pushed the plaintiff pedestrian to the ground. The plaintiff described the dog as acting like a "big puppy" and the dog did not bite the plaintiff. In contrast, the defendant testified that the dog was chasing a ball in the defendant's front yard and did not actually go in the street. Rather, defendant asserts that plaintiff tripped upon seeing the dog in the yard. The complaint alleged that the defendant was negligent in failing to keep the dog under control and to take protective measures knowing of the aggressive propensity of the dog. The Supreme Court, Suffolk County granted the defendant-owner's motion for summary judgment. On appeal by the plaintiff, the plaintiff also suggested that defendant might be liable for throwing the ball which caused the dog to run in the street and knock the plaintiff down. The Supreme Court, Appellate Division, held that the plaintiff cannot recover under such a theory, as New York does not recognize a common-law negligence cause of action to recover damages for an owner's alleged negligence in the handling of a dog. The summary judgment was affirmed as the court found the owner was not liable to pedestrian for injuries sustained. | Case | |||||||
| Derecho Animal Volume 7 Núm 4 |
|
Policy | |||||||||
| US - Marine Mammals - Taking of Marine Mammals Incidental to Commercial Fishing Operations | 1999 WL 379911 (F.R.) |
NMFS proposes regulations to implement provisions of the International Dolphin Conservation Program Act (IDCPA). These regulations would allow the entry of yellowfin tuna into the United States under certain conditions from nations signatory to the International Dolphin Conservation Program (IDCP) that otherwise would be under embargo. |
Administrative | ||||||||
| Andrews v. City of West Branch Iowa | 454 F.3d 914 (8th Cir., 2006) |
Appellants filed a suit against defendant, City of West Branch, Iowa and former police chief Dan Knight, seeking damages and relief under Section 1983. The dog was killed by Knight in the owners' fenced backyard in view of one of the plaintiffs. The district court's grant of summary judgment for the officer was reversed and the case was remanded for a jury trial. |
Case | ||||||||
| State v. Butler | 175 N.H. 444, 293 A.3d 191 (2022) | 2022 WL 4488304 (N.H. Sept. 28, 2022) | Defendant Kevin Butler was convicted of criminal negligence after he left his dog inside a parked vehicle for 45 minutes when the temperature was over 90 degrees outside. The charge came after a neighbor noticed a dog in the vehicle that was "scratching at the windows and the door" and appeared to be in distress. After calling the police, an animal control officer removed the animal from the unlocked car and transported the distressed dog to a local veterinary clinic. At trial, the defendant testified that he was out running errands on a "very hot" day, and asked his son to get the dog out of the car as Defendant's hands were full. An important phone call distracted him from following up on the dog's removal and only after the police knocked on his door did he realize the dog must still be in the car. On appeal here, Defendant contends that the evidence was insufficient to establish the mens rea of criminal negligence for both charges. The State must prove that a defendant “fail[ed] to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct" and that this risk constitutes a gross deviation from conduct performed by a reasonable person. Here, the court found that the record supports the trial court's conclusion that the defendant failed to become aware of a substantial and unjustifiable risk that the dog would overheat in the car and that his failure to perceive this risk constituted a gross deviation from reasonable care. The temperature was high that day, the car was parked in direct sunlight with all the windows up, and the dog was left for around an hour. The fact that Defendant relied upon his 8-year-old son to remove the dog under these circumstances constituted a gross deviation from reasonable care. This was not "mere inattention" as Defendant claimed. The conviction was affirmed. | Case | |||||||
| NH - Commercial breeders - art Agr 1704. Operating Standards Relative to Commercial Kennels | NH ADC Agr 1704.01 - 10 | N.H. Code Admin. R. Agr 1704.01 - 10 | These New Hampshire regulations address minimum standards at commercial animal facilities. The regulations cover general aspects (i.e., housing must be structurally sound and maintained in good repair) as well as more specific aspects related to indoor heating/cooling and ventilation requirements. The sizing and construction of primary enclosures and minimal feeding requirements are described. | Administrative | |||||||
| Johnson v. Wander | 592 So. 2d. 1225 (Fla. Dist. Ct. App. 1992) |
Petitioner pet owner alleged that respondent veterinarian took her dog to be spayed, and left the animal on heating pads, which resulted in serious burns, so petitioner filed a claim for damages on the basis of gross negligence, damage to property, and emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount. The appellate court held that there remained a jury question on the issues of gross negligence and physical and mental pain and suffering as claimed by petitioner. |
Case | ||||||||
| Center for Biological Diversity v. Henson | Slip Copy, 2009 WL 1882827 (D.Or.) |
Defendants brought a motion to stay in an action brought by Plaintiffs seeking re-initiation of consultation under ESA with respect to the Oregon Department of Forestry’s Habitat Conservation Plan promulgated in 1995 and their Incidental Take Permit obtained in 1995, which allows incidental taking of Northern Spotted Owls for sixty years in connection with timber harvest in the Elliot State Forest. The United States District Court granted Defendants’ motion, finding that the potential harm and likelihood of damage to Plaintiffs if the action is stayed is low. The court also found that Defendants showed an adequate likelihood of hardship in having to go forward without a stay. The stay would likely result in the action ultimately becoming moot and/or at the very least greatly simplified, therefore saving judicial time and resources. |
Case | ||||||||
| ME - Police Animal - § 164-B. Immunity from civil liability for assistance given to law enforcement dogs, search and rescue | 14 M.R.S.A. § 164-B | This Maine law gives immunity from damages to an emergency medical services person, a security services dog handler or a law enforcement officer who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person, security services dog handler or law enforcement officer. | Statute |