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Displaying 5861 - 5870 of 6592
Title Citation Alternate Citation Agency Citation Summary Type
DE - Trust for care of an animal - Chapter 35. Trusts 12 Del.C. § 3555 DE ST TI 12 § 3555 Delaware enacted its pet trust law in 2006. A trust for the care of one or more specific animals living at the settlor's death is valid. The trust terminates upon the death of all animals living at the settlor's death and covered by the terms of the trust. Statute
New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture 2007 WL 486764 (N.J.Super.A.D.,2007) Not Reported in A.2d

This New Jersey case concerns several challenges to the adoption of livestock regulations by the state Department of Agriculture.   Specifically, several animal welfare groups contended that several of the regulations were inhumane and in violation of the state’s legislative mandate to issue humane livestock standards. The Superior Court of New Jersey, appellate division, agreed with the Department, holding that the challenged regulations are consistent with the agency's legislative mandate, and are neither arbitrary, nor unreasonable. This Judgment was Affirmed in Part, Reversed in Part by New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture, 196 N.J. 366,955 A.2d 886 (N.J., 2008).

Case
Abundant Animal Care, LLC v. Gray 316 Ga.App. 193 (Ga.App. 2012) 2012 WL 2125842 (Ga.App.)

While either shadowing her aunt or during her first day working at the veterinary clinic, the plaintiff was bitten three times by a dog she had taken outside to exercise. Plaintiff subsequently filed numerous claims against the veterinary clinic, including: negligence; negligence per se; nuisance; and violation of a premise liability and a dangerous dog statute. After the lower court denied defendant's motion for summary judgment, the defendant appealed to the Georgia appellate court. The appeals court stated that in a dog bite case, the plaintiff needed to produce evidence that the dog had a vicious propensity. Since the plaintiff failed to produce such evidence, the court held the defendant should have been granted a motion for summary judgment on its premise liability, nuisance, dangerous dog statute, and negligence per se claims. As for the negligence claim, the court held the defendant should have been granted a motion for summary judgment because the plaintiff was not aware of internal procedures to protect invitees and because the injuries were not proximately caused by negligent supervision. The lower court's judgment was therefore reversed.

Case
Constitución Política de la Ciudad de México Constitución Política de la Ciudad de México The Constitution, adopted in 2017, is the most recently enacted in the nation. It places a strong emphasis on human rights and also acknowledges animals as sentient beings. Specifically, Article 13(b) explicitly recognizes animals as sentient beings and mandates their dignified treatment. This article not only imposes a moral obligation, but also a legal duty to uphold the life and well-being of animals. Under this provision, authorities are tasked with ensuring the protection, well-being, and the dignified and respectful treatment of animals. Statute
TX - Police - Nonlethal responses to dog encounters V.T.C.A., Occupations Code §§ 1701.253; 1701.261; 1701.402 TX OCC §§ 1701.253; 1701.261; 1701.402 These statutes require training for Texas law enforcement in nonlethal responses to encounters with dogs. As part of the minimum curriculum requirements, the commission shall require an officer licensed by the commission on or after January 1, 2016, to complete a canine encounter training program established by the commission under Section 1701.261.That section states that the commission shall establish a statewide comprehensive education and training program on canine encounters and canine behavior. The training program must consist of at least four hours of classroom instruction and practical training, developed and approved by the commission, that addresses the handling canine-related calls, anticipating unplanned encounters with canines, and using humane methods and tools in handling canine encounters. Statute
US - Marine Mammals, Endangered - Establishment of Species of Concern List, Addition of Species to Species of Concern List, Desc 2004 WL 791908 (F.R.) FR Doc. 04-8593

NMFS establishes a species of concern list, places 45 species on this list, describes the factors it will consider when identifying species of concern, and revises the candidate species list. NMFS also solicits information and comments concerning the status of, research and stewardship opportunities for, and the factors for identifying species of concern.

Administrative
IA - Cruelty - Chapter 717. Injury to Livestock I. C. A. § 717.1 - .7 IA ST § 717.1 - 717.7 Livestock were excluded from the definition of animal in Iowa's animal cruelty laws in 1994. These sections deal exclusively with livestock and exempt practices consistent with customary farming practices. Statute
CA - Horse docking - § 597q. Docked horses; unregistered; prima facie evidence West's Ann. Cal. Penal Code § 597q CA PENAL § 597q This statute provides that driving, working, keeping, racing or using any unregistered docked horse 60 days after the passage of this act is prima facie evidence of the fact that the party engaged in such activity docked the tail of such horse. Statute
Tracey v. Solesky Not Reported in A.3d, 2012 WL 1432263 (Md.,2012)

In this Maryland case, the Court of Appeals establishes a new standard of liability for a landlord who has knowledge of the presence of a pit bull or cross-bred pit bull dog and also modifies the common law liability as it relates to the pit bull breed of dogs. In doing so, the Court now holds that because of the "aggressive and vicious nature and its capability to inflect serious and sometimes fatal injuries," pit bull dogs and cross-bred pit bulls are now categorized as "inherently dangerous." Upon a plaintiff's sufficient proof that an attacking dog is a pit bull or pit bull mix, a person who knows that the dog is of the pit bull breed, including a landlord, is strictly liable for damages caused to the plaintiff who was attacked. The case was remanded to trial court with this modification to common law. This opinion was Superseded by Tracey v. Solesky , 427 Md. 627 (Md., 2012).

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U.S. ex rel. Haight v. Catholic Healthcare West 602 F.3d 949 (9th Cir., 2010) 10 Cal. Daily Op. Serv. 4932

The plaintiffs, In Defense of Animals and Patricia Haight brought suit against the defendants under the False Claims Act.  In 1997, defendant Michael Berens, Ph.D., submitted a grant application to the NIH in which he sought federal funding for a project to develop a canine model to study glioma, a form of human brain cancer, and attempted to create a process for implanting gliomas in the brains of beagles. The district court granted summary judgment to the defendants, holding that the plaintiffs failed to produce sufficient evidence from which a reasonable jury could find that the challenged grant application statements were objectively false. 

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