Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Saxton v. Pets Warehouse | 180 Misc.2d 377 (N.Y. 1999) | 691 N.Y.S.2d 872, 41 UCC Rep.Serv.2d 781, 1999 N.Y. Slip Op. 99282 |
In this small claims action, the plaintiff purchased an unhealthy dog from defendant that died soon after purchase. The court held that the plaintiff is not limited to the remedies provided by General Business Law § 753 (1), which sets forth a consumer's right to a refund and/or reimbursement for certain expenses incurred in connection with the purchase of an unhealthy dog or cat, as plaintiff's dog came within the definition of "goods" as set forth in UCC 2-105 and defendant was a "merchant" within the meaning of UCC 2- 104 (1). Accordingly, plaintiff could recover damages pursuant to UCC 2-714 on the theory that defendant breached the implied warranty of merchantability. The case was remanded for a new trial to solely on the issue of damages limited to any sales tax paid by plaintiff that was not reimbursed by the insurance policy and the reasonable cost of veterinary expenses incurred. |
Case | |
| US - Assistance animals, housing - § 100.204 Reasonable accommodations. | 24 C. F. R. § 100.204 | This section states that it is unlawful any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas. Examples of such situations are also given. | Administrative | ||
| MS - Cruelty - Consolidated Cruelty Statutes | Miss. Code Ann. § 97-41-1 - 23; Miss. Code Ann. § 97-29-59; Miss. Code Ann. § 43-21-612 | MS ST § 97-41-1 to 97-41-23; MS ST § 97-29-59; MS ST § 43-21-612 | This section constitutes Mississippi's anti-cruelty and animal fighting provisions, which were recently amended in 2011. The pertinent anti-cruelty law, Sec. 97-41-1, states that any person who intentionally or with criminal negligence overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature is guilty of a misdemeanor. The cat and dog cruelty provision, 97-41-16, was significantly amended in 2011. This section, known as the "Mississippi Dog and Cat Pet Protection Law of 2011," makes it a misdemeanor to intentionally or with criminal negligence wound, deprive of adequate food, water, or shelter, or carry or confine in a cruel manner, any domesticated cat or dog. Aggravated cruelty occurs when a person with malice intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat. | Statute | |
| IL - Veterinary - Veterinary Medicine and Surgery Practice Act of 2004. | 225 I.L.C.S. 115/1 - 28 | IL ST CH 225 § 115/1 - 28 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| Ten Hopen v. Walker | 55 N.W. 657 (Mich. 1893) | 96 Mich. 236 (Mich. 1893) |
Defendant was convicted of wilfully and maliciously killing a dog. On appeal, the court found the instructions proper and held that a plaintiff could recover exemplary damages in addition to market value as compensation, not as punitive damages. The court also found that the killing of a dog is not justified by trespass because there are remedies for destruction of property by animals of another. |
Case | |
| Forest Guardians v. U.S. Fish and Wildlife Service | 611 F.3d 692 (C.A.10 (N.M.), 2010) | 2010 WL 2674990 (C.A.10 (N.M.)) |
Appellant, Forest Guardians, contend on appeal that the U.S. Fish and Wildlife Service violated section 10(j) of the ESA by releasing captive-bred Falcons within an area not wholly separated geographically from an already-existing Falcon population. Forest Guardians aver that the FWS violated the NEPA by deciding to release the captive-bred Falcons before taking the requisite "hard look" at the environmental impact of its decision. Regarding Forest Guardians’ challenge of section 10(j) of the ESA, the court held that the FWS’s release of the captive-bred Falcons did not violate the Act. Forest Guardians’ contention that New Mexico, the location of the experimental release, already quartered an existing population was unpersuasive. The court further rejected Forest Guardian’s second contention that the FWS violated the NEPA by failing to adequately review its proposed action. |
Case | |
| NM - Scientific - 19.35.6. Authorized Uses of Wildlife for Education, Law Enforcement, Research and Scientific Purposes | 19.35.6.1 - 17 NMAC | N.M. Admin. Code 19.35.6.1 - 17 | This New Mexico rule issued by the department of game and fish and all persons provides information on the taking and possession of protected wildlife for scientific and educational purposes. | Administrative | |
| MI - Humane Slaughter - Chapter 287. Animal Industry. Humane Slaughter of Livestock. | M.C.L.A. 287.551 - 556 | MI ST 287.551 - 556 | A typical state law that imposes the requirements of humane slaughter upon the commercial operations of the state. The law describes humane methods of slaughter, which include ritual slaughter methods. It also makes the statement that no slaughterer, packer or stockyard operator shall shackle, hoist or otherwise bring livestock into position for slaughter by any method which shall cause injury or pain. However, the director, by administrative order, may exempt from compliance with this act, for a period not to exceed 1 year after the effective date of this act, any slaughterer, packer or stockyard operator if he finds that an earlier compliance would cause such person an undue hardship. Any person who violates any provision of this act shall be guilty of a misdemeanor. | Statute | |
| FL - Cruel Confinement - § 21. Limiting Cruel and Inhumane Confinement of Pigs During Pregnancy | FL CONST Art. 10 § 21 | West's F. S. A. Const. Art. 10 § 21 | This ballot proposal, adopted in 2002 and effective in 2008, addresses the inhumane treatment of animals, specifically, pregnant pigs. The law provides that to prevent cruelty to animals and as recommended by The Humane Society of the United States, no person shall confine a pig during pregnancy in a cage, crate or other enclosure, or tether a pregnant pig, on a farm so that the pig is prevented from turning around freely, except for veterinary purposes and during the prebirthing period; provides definitions, penalties, and an effective date. This measure passed in the November 2002 election with 54% of the vote. | Statute | |
| US - Whales - Whaling Provisions: Aboriginal Subsistence Whaling Quotas | FR Doc. 04-3755 | Agency Citation |
NMFS announces the aboriginal subsistence whaling quota for bowhead whales, and other limitations deriving from regulations adopted at the 2002 Special Meeting of the International Whaling Commission (IWC). For 2004, the quota is 75 bowhead whales struck. This quota and other limitations will govern the harvest of bowhead whales by members of the Alaska Eskimo Whaling Commission (AEWC). |
Administrative |