Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| AU - Animal Welfare - Animal Welfare Act 2007 (Northern Territory) | Animal Welfare Act 2007 (Northern Territory) |
The Northern Territory was one of the last states to enact Animal Welfare legislation with its passing in 2007 as an act to provide for the welfare of animals, prevent cruelty to animals and for related purposes. The objectives of the Act are to to ensure that animals are treated humanely, to prevent cruelty to animals, and to promote community awareness about the welfare of animals. |
Statute | |
| California Veterinary Medical Ass'n v. City of West Hollywood | 61 Cal. Rptr. 3d 318 (2007) | 152 Cal. App. 4th 536; 2007 WL 1793052 (Cal.App. 2 Dist.), 152 Cal.App.4th 536 | This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003. On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance. Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed. | Case |
| IA - Council Bluffs - Breed - Chapter 4.20 - ANIMAL CONTROL (Pit Bull Ordinance) | COUNCIL BLUFFS, IA., MUNICIPAL CODE § 4.20.112 |
In Council Bluffs, Iowa, it is unlawful to own, possess, keep, exercise control over, maintain, harbor, transport, or sell any pit bull. There are exceptions for dogs already licensed if the owner meets certain requirements, such as being at least 18 years old, maintaining liability insurance of at least $100,000, the dog is sterilized and microchipped, the dog is confined and there is a "PIT BULL DOG" sign. Failure by the owner to comply shall subject the pit bull to immediate impoundment and disposal.
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Local Ordinance | |
| Bogart v. Chapell | 396 F.3d 548 (4th Cir., 2005) |
A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized. The woman brought a section 1983 claim against the county sheriff's department and human society. The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. |
Case | |
| Crow Indian Tribe v. United States | 965 F.3d 662 (9th Cir. 2020) | Several Indian tribes, environmental organizations, and animal-welfare groups filed suits claiming that Fish and Wildlife Service (FWS) violated Endangered Species Act (ESA) and Administrative Procedure Act (APA) by issuing final rule “delisting” or removing grizzly bear population in Greater Yellowstone Ecosystem from threatened species list. The distinct population segment of the Yellowstone grizzly bear population has been so successful under the ESA that the FWS has been trying to delist it for almost 15 years, according to the court. This specific case was triggered by a 2017 D.C. Circuit case (Humane Society v. Zinke) that requires the FWS to address the impact that removing a DPS from protection under the ESA would have on the remaining listed species. At the time that ruling was issued, the FWS had already published a 2017 Rule that sought to delist the grizzly bear Yellowstone DPS. This then resulted in cross motions for summary judgment in district court. The district court granted summary judgment for the plaintiffs and vacated the 2017 rule, remanding it to the FWS. This remand resulted in a second delisting rule by FWS that was again vacated and remanded by the district court, demanding consideration of several discrete issues by FWS. The FWS now appeals that remand for consideration that require the study of the effect of the delisting on the remaining, still listed, grizzly population in the coterminous 48 states, as well as further consideration of the threat of delisting to long term genetic diversity of the Yellowstone grizzly. In addition, states in the region of the DPS (Idaho, Montana, and Wyoming) as well as some private hunting and farming organizations have intervened on the government's behalf. On appeal, the Court of Appeals first found that it had authority to review the district court order and that the intervenors had standing to pursue an appeal. As to the order by the district court that the FWS needs to conduct a "comprehensive review" of the impact of delisting on the remnant grizzly population, the appellate court vacated that portion of the order using the phrase "comprehensive review." Instead, it remanded to the lower court to order a "further examination" on the delisting's effects. The court also agreed with the district court that FWS' 2017 Rule was arbitrary and capricious where it had no concrete, enforceable mechanism to ensure the long-term genetic viability of the Yellowstone DPS. Finally, the Court of Appeals agreed with the district court order to mandate a commitment to recalibration (changes in methodology to measure the Yellowstone grizzly bear population) in the rule since that is required by the ESA. The Court affirmed the district court’s remand order, with the exception of the order requiring the FWS to conduct a “comprehensive review” of the remnant grizzly population. | Case | |
| MS - Facility, courtroom dog - § 99-43-101. Child witness standards of protection | Miss. Code Ann. § 99-43-101 | MS ST § 99-43-101 | Under Mississippi law, in any proceeding in which a child testifies, a child shall have the right to be enforced by the court on its own motion by an attorney in the proceeding to permit a properly trained facility animal or comfort item or both to be present inside the courtroom or hearing room. | Statute |
| Hannah v. State | --- A.3d ----, 2024 WL 885161 (Md. Ct. Spec. App. Mar. 1, 2024) | 2024 WL 885161 (Md.App., 2024) | This case is an appeal of the defendant's conviction on multiple counts of aggravated cruelty to animals, and abuse or neglect of animals. Defendant appeals the felony convictions of aggravated cruelty to animals, arguing that the animal's pain and suffering was caused by neglect rather than any intentional acts. The animals were seized from the defendant's home, where they were found to be lacking food, water, space, and sufficient veterinary care. A veterinarian testified that the animals were underweight, dehydrated, and many had wounds that were not properly treated. Defendant argues that this treatment constitutes abuse or neglect, and that is what the legislature intended to be punished as a misdemeanor. The court considered the use of the word "torture" under the statute, finding that as the actor's conduct is intentional, and results in pain and suffering to the animal, the definition applies. Here, the court finds that there was sufficient evidence that the actions were intentional and resulting in pain and suffering, so the defendant tortured the animals. Accordingly, the court affirmed the judgment of the lower court. | Case |
| WV - Scientific research - § 20-2-50. Permit to hunt, kill, etc., wildlife for scientific or propagation purposes | W. Va. Code, § 20-2-50 | WV ST § 20-2-50 | Under this West Virginia law, the director may issue a permit to a person to hunt, kill, take, capture or maintain in captivity wildlife exclusively for scientific purposes, but not for any commercial purposes. | Statute |
| Iris Lewis v. Al DiDonna, Pharmacist; James DiDonna, Pharmacist; Eckerd Drug Store of Stone Ridge, New York; Eckerd Corporation |
In this case, the plaintiff brought her dog of nine years to a veterinarian and was given a prescription for an anti-inflammatory drug called Feldene to treat the dog’s condition. After the dog died of renal failure complications, plaintiff discovered that the Feldene prescription was mislabeled by the pharmacist. The Supreme Court, Appellate Division for the Third Judicial Department held that the allegations in plaintiff’s verified complaint sufficiently allege defendant’s wanton and reckless disregard of plaintiff’s rights to survive a motion to dismiss. Further, the court noted that while plaintiff did not appeal the dismissal of her cause of action for loss of companionship, the court made it clear that loss of companionship is not cognizable cause of action in the state of New York. |
Pleading | ||
| Taylor v. RSPCA | [2001] EWHC Admin 103 | [2001] 2 Cr App R 24; (2001) 165 JP 567; [2001] Crim LR 388; (2001) 165 JPN 625 |
Two women, who had been disqualified from keeping horses by a court, transferred ownership of the horses to their niece, but had continued to make arrangements for the accommodation of the horses and to provide food and water for them. The women were convicted in the Magistrates' Court of the offence of "having custody" of the horses in breach of the disqualification order, and appealed. Dismissing the appeal, the Divisional Court held that, what amounted to "custody" was primarily a matter of fact for the lower court to decide, and that the local justices had been entitled to conclude that, notwithstanding the transfer of ownership, the two women had continued to be in control, or have the power to control, the horses. |
Case |