Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Defenders of Wildlife v. Kempthorne | 2006 WL 2844232 | 2006 U.S. Dist. LEXIS 71137 |
Ten non-profit groups sued the Fish and Wildlife Service (FWS) alleging that the FWS had not adequately explained why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat under the Endangered Species Act, as the FWS had previously been ordered by the court to do. Additionally, the non-profit groups claimed that the FWS had violated Section 7 of the Endangered Species Act by passing regulations which made it easier for federal agencies to thin trees in lynx habitat under the Healthy Forest Initiative. The Court ordered the FWS to explain why the Northeast, Great Lakes, and Southern Rockies were not a significant area of lynx habitat, but found that the challenged regulations making it easier to thin trees in lynx habitat were permissible. |
Case |
| Justice, an American Quarter Horse, by and through his Guardian, Kim MOSIMAN, Plaintiff, v. Gwendolyn VERCHER, Defendant. | This Oregon complaint seeks economic and non-economic damages for Justice, an American Quarter Horse from Oregon, by and through his guardian. Justice suffered extreme pain, distress, and permanent injury due to the criminal neglect of Defendant Gwendolyn Vercher. According to the facts issued in the complaint, Defendant denied Justice adequate food and shelter for months, abandoning him to starve and freeze. As a result of this neglect, Justice was left debilitated and emaciated. Plaintiffs' attorneys plead negligence per se based on violation of Oregon's anti-cruelty statute. The attached opinion letter from Washington County Circuit Court grants defendant's motion to dismiss for lack of capacity to sue. In an issue of first impression, the court ruled that finding that a horse, or any nonhuman animal, has the capacity to sue would have "profound implications." In addition, the court found that a non-human animal lacks the capacity to "accept[] legal responsibilities." The court left it to the Oregon Legislature or the appellate court to wade into a policy debate on animal rights. | Pleading | ||
| CT - Racing - Chapter 226. Gaming Policy, Regulation and Revenue | C. G. S. A. § 12-557 - 12-586 | CT ST § 12-557-12-586 | A person or business organization must have a license in order to conduct a races. The Commissioner of Consumer Protection is the one who grants the licenses. Each town must hold an election approving racing and pari-mutuel wagering in order for a license to be issued. The Commissioner may order random urine testing of race dogs. The Commissioner is also allowed to conduct investigations and hearings in order to carry out the provisions of this statute and is responsible for adopting regulations. | Statute |
| ME - Initiatives - Question 2 (bear hunting) | Question 2 (2004) | This Maine citizen initiated was defeated in the November 2004 election (only 47% voted "yes"). The question posed to voters asked voters, "Do you want to make it a crime to hunt bears with bait, traps or dogs, except to protect property, public safety or for research?" Per the Maine Bureau of Corporations, Elections, and Commissions summary, the initiated bill was to prohibit the use of bait to hunt or attract bear, the use of a dog to hunt or pursue bear and the use or setting of a trap to hunt or capture bear except under certain circumstances (such as by state or federal employees to kill or capture depredating bears or by commercial timber operators). | Statute | |
| WV - Ordinances - § 19-20A-8. Vaccinated dogs and cats may run at large; confinement may be required | W. Va. Code, § 19-20A-8 | WV ST § 19-20A-8 | This West Virginia statute provides that dogs or cats vaccinated in compliance with the provisions of this article may run at large in any area or locality unless a county commission or a municipality has adopted and enforced ordinances to prevent dogs from running at large. The state commissioner of agriculture may also enforce an at large ban when a rabies quarantine is in effect. However, any county commission or municipality may not adopt any ordinance which purports to keep any vaccinated dog from running at large while engaged in any lawful hunting activity; from running at large while engaged in any lawful training activity; or from running at large while engaged in any lawful herding or other farm related activity. | Statute |
| Medeiros v. Lloyd | The Board of Registration in Veterinary Medicine had sanctioned Dr. Lloyd for improper treatment of a dog, "Pooch," for heartworms. This is a suit for damages against Dr. Lloyd. The briefs are drafted by none other than one of the best-known names in Animal Law, Steven M. Wise. | Pleading | ||
| Waters v. Meakin | [1916] 2 KB 111 |
The respondent had been acquitted of causing unnecessary suffering to rabbits (contrary to the Protection of Animals Act 1911, s. 1(1)) by releasing them into a fenced enclosure from which they had no reasonable chance of escape, before setting dogs after them. Dismissing the prosecutor's appeal, the Divisional Court held that the respondent's conduct fell within the exception provided for "hunting or coursing" by sub-s. (3) (b) of s. 1of the 1911 Act. From the moment that the captive animal is liberated to be hunted or coursed, it falls outwith the protection of the 1911 Act, irrespective of whether the hunting or coursing is humane or sportsmanlike. |
Case | |
| Pulaski v. Chrisman | 2005 WL 81919 (Cal. 2005) |
Residents of a mobile home park attempted to get injunction preventing the conversion of their mobile home park into a community campground. Plaintiffs claimed violation of the Endangered Species Act due to the possible removal of endangered species during the renovation. The court held it did not have jurisdiction to entertain part of plaintiffs Endangered Species claim because of a procedural violation and that plaintiffs failed to show violation of the Endangered Species Act was likely on the remainder of their claims. |
Case | |
| Hendrickson v. Tender Care Animal Hospital Corporation | 312 P.3d 52 (2013) | 176 Wash. App. 757 (2013) | Dog owner brought claims of professional negligence, negligent misrepresentation, lack of informed consent, reckless breach of a bailment contract, and emotional distress after her golder retriever, Bear, died following a routine neutering procedure. After the surgery, Bear was bloated and vomiting, and the owner alleged that the animal hospital failed to properly inform her of his condition. As a result, the owner treated Bear with a homeopathic remedy instead of the prescription medication given to her by the hospital and Bear's condition worsened and eventually caused his death. | Case |
| VA - Nuisance animals - § 29.1-517. Trapping and shooting of fur-bearing animals during closed season | VA Code Ann. § 29.1-517 | VA ST § 29.1-517 | This Virginia law states that a landowner may shoot fur-bearing animals upon his own land during closed season when these animals are causing damage to crops or property, or are posing a threat to human health or safety, or are otherwise causing a nuisance. | Statute |