Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| In re Estate of Howard Brand, Late of Essex Junction, Vermont |
This Vermont case considers the effectiveness of a clause in a testator’s will that directs his executor to destroy any animals that he owns at the time of his death. The testator, Howard Brand, was believed to have owned four horses and one mule at the time of his death. An unincorporated association entitled, “The Coalition to Save Brand’s Horses” was formed in response to this unusual post-mortem request, and sought to intervene in the lawsuit. In a clear case of first impression in Vermont, the Chittenden County Court held that the clause as set forth in Brand’s last codicil mandating the destruction of his animals is void as contrary to public policy. |
Pleading | ||
| PA - Pittsburgh - CHAPTER 635: Other Animals And Fowl ( Article 3: Dogs, Cats, and Other Animals) | Pittsburgh, Pennsylvania Code of Ordinances, Article 3: Dogs, Cats, and Other Animals, Secs. 635.03 - 635.08 |
These Pittsburgh, Pennsylvania ordinances prohibit any person from riding or driving any animal-drawn conveyance on any street or sidewalk within the city except by permit or by authorization from the Director of the Department of Public Works. Whoever violates this provision will be fined $100 for the first offense and $300 for any subsequent offenses. Additionally, these ordinances provide provisions related to rodeos and whoever violates these provisions will be punished by a fine not to exceed $1,000, imprisonment of up to 30 days, or both. |
Local Ordinance | |
| NH - Domestic Violence - Chapter 173-B. Protection of Persons from Domestic Violence | N.H. Rev. Stat. § 173-B:1, 173:B4, 173:B5 | NH ST §§ 173-B:1, 173:B4, 173:B5 | New Hampshire now considers animal cruelty to be “abuse” under its protection of persons from domestic violence statute. The law now allows a judge to grant the petitioner of a protective order exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the victim, the abuser, or a minor child in the household; the law also allows a judge to order the abuser to stay away from the pet in both temporary and final domestic violence protective orders. | Statute |
| Hopson v. Kreps | 622 F.2d 1375 (9th Cir. 1980) |
Action brought on behalf of Alaskan Eskimos which challenged the validity of the Department of Commerce regulations adopted pursuant to IWC Act. Plaintiffs claim is the the Commission exceeded its jurisdiction under the Convention when it eliminated the native subsistence exemption for Alaskan Eskimos. The Court reverses and remands the districts courts dismissal of the action. |
Case | |
| FL - Police Animal - 401.254. Treatment of injured police canines | West's F. S. A. § 401.254 | FL ST § 401.254 | This Florida law enacted in 2021 states that a licensed professional may transport a police canine injured in the line of duty to a veterinary or similar clinic if there is no individual awaiting medical transport. In addition, a paramedic or EMT may may provide emergency medical care to a police canine injured in the line of duty while at the scene of the emergency or while the police canine is being transported to a veterinary clinic or similar facility. A paramedic or an emergency medical technician who acts in good faith to provide emergency medical care to an injured police canine is immune from criminal or civil liability. | Statute |
| Canada - Manitoba Statutes. The Animal Liability Act | S.M. 1998, c. 8 [C.C.S.M., c. A95], as am. S.M. 2002, c. 24, s. 4; 2002, c. | This set of laws comprises the Manitoba Animal Liability Act. Under the Act, the owner of an animal is liable for damages resulting from harm that the animal causes to a person or to property, but the damages awarded can be reduced depending upon the contributory fault or negligence of the plaintiff. In addition, no animal may run at-large under this law. Any person who finds a dog,wild boar, or prescribed animal worrying, injuring or killing livestock on the premises of the owner or possessor of the livestock that person may destroy the dog, wild boar or prescribed animal. | Statute | |
| WA - Initiatives - Initiative Measure No. 1130 (AN ACT Relating to the prevention of farm animal cruelty) | Initiative Measure No. 1130 (2011) | This measure would prohibit confining egg-laying hens, as defined, in stacked cages or cages that prevent hens from turning around freely, lying down, standing up, or fully extending their wings. It would also prohibit selling eggs produced by hens thus confined. Violations would be a gross misdemeanor. The measure would not apply to medical research, veterinary treatment, transportation, certain temporary confinements, exhibitions, or during humane slaughter. The measure would take effect on January 1, 2018. Due to changes in signature requirements announced by the Washington Secretary of State to avoid duplication or error, the initiative did not receive an adequate number of signatures to appear on the ballot. | Statute | |
| Commonwealth v. Creighton | 639 A.2d 1296 (Pa.Cmwlth.,1994) | 163 Pa.Cmwlth. 68 (1994) |
In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5). The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance. Thus, from the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal. |
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 | ||
| China Intro |
Animal Law in China
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Policy |