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State v. Marcellino |
Bianca Marcellino was charged and convicted of two counts of cruelty to animals after a search of her residence revealed two horses that were in need of emergency medical aid. Marcellino was ordered to pay restitution and she subsequently appealed. Marcellino argued that the trial court abused its discretion by denying the motion for a Franks hearing where there were affidavits demonstrating material false statements in the affidavit for the search warrant. The Court contended that the trial court did not err in failing to hold a Franks hearing because even if the Court sets aside the alleged false statements in the affidavit, there remained an overwhelming amount of sufficient statements to support a finding of probable cause. The Court also held that trial courts have the authority to order restitution only to the actual victims of an offense or survivors of the victim, therefore, the award of restitution to the humane society was not valid because humane societies are a governmental entity and cannot be victims of abuse. The Court ultimately affirmed the judgment of the municipal court and reversed and vacated the order of restitution.
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State v. Wood |
Plaintiff entered an oral agreement for defendant to board and train her horse, Talladega. The horse died within two months from starvation, and the Harnett County Animal Control found three other horses under defendant's care that were underfed, and seized them. The jury trial resulted in a conviction of two counts of misdemeanor animal cruelty from which the defendant appeals. However, this court affirms the jury's conviction, stating that the assignment of error is without merit and would not have affected the jury's conviction.
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Survey of Illinois Law: Liability for Animal-Inflicted Injury |
This article attempts to explain how Illinois law affects the liability of people who are owners or are in control of animals at the time that an injury occurs, as a consequence of that animal’s actions. The section of this article that is related to equine law discusses how there has been a growing concern of stable owners as a result of increased litigation and insurance costs with respect to equine activity injuries. Furthermore, the article mentions that the purpose of the Illinois Equine Activity Liability Act is to alleviate some risk of liability from those involved in equine activities.
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Swido v. Lafayette Insurance Co. |
In this Louisiana case, a prospective horse buyer filed an action against the prior sellers and their insurer to recover for injuries when she attempted to ride a horse offered for sale by the initial buyer. At the time of the injury, the horse was under the custody of the original sellers who were paid an additional amount to have the horse trained. The Court of Appeal held that sale of horse was perfected when the first buyer paid the sale price, even though the first buyer paid an additional amount for the sellers to finish training the horse. On the negligence issue, the court found the "green-broke" horse did not present an unreasonable risk of harm when the potential buyer attempted to ride it bareback as to assign strict liability to the prior sellers who had custody of the horse.
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Tennant v. Tabor |
Motorist collided with a horse and sued horse owners for damages. The Supreme Court held that, even if horse owners violated statute requiring them to provide shelter to horse, this did not constitute common-law negligence, which was required for damages. In addition, horse owners were not liable because there was no evidence that horse exhibited propensity to interfere with traffic prior to incident involving motorist.
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The Equine Identification (England) Regulations 2018 |
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THE FUND FOR ANIMALS, INC., ET AL., appellants v. U.S. BUREAU OF LAND MANAGEMENT, ET AL., appellees |
The Fund for Animals and individuals dedicated to protecting animals brought an action against Bureau of Land Management (BLM) challenging its implementation of its restoration strategy for wild horses and burros on public lands. The approved budget request made by the BLM, which contained outlines of the reinvigorated wild horses and burros program and set broad goals and strategies, was not an “agency action” subject to review. Finally, plaintiffs request for a permanent injunction, to prevent BLM from carrying out specified removal actions, was moot because the “gathers” have already occurred and what happens in the future is based on unknown variables.
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The Humane Society of the United States, et al v. Mike Johanns, et al |
Before the Court is Plaintiffs’ Motion for a Temporary Restraining Order and for a Preliminary Injunction, and Request for a Hearing requesting that the Court, “temporarily and preliminarily enjoi[n] and declar[e] unlawful a Final Rule just promulgated by the Food Safety and Inspection Service (“FSIS”) of the U.S. Department of Agriculture (“USDA”) that creates a “fee-for-service” inspection system designed to facilitate the continued transport and slaughter of American horses for human consumption abroad.” In an memorandum opinion, the court denied plaintiff's motion for a TRO and preliminary injunction because it found that plaintiffs do not demonstrate the factors necessary for the court to issue a preliminary injunction.
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THE KENTUCKY HORSE: THE REALITY VS. THE MYTH AND WHAT COULD BE DONE TO CLOSE THE GAP |
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THE RISE OF EQUINE ACTIVITY LIABILITY ACTS |
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