Equine Issues

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Titlesort ascending Summary
Tillett v. Bureau of Land Management In this case, plaintiff (proceeding pro se) filed suit against the Bureau of Land Management (BLM) challenging its management of wild horses on the Pryor Mountain Wild Horse Range (PMWHR). Plaintiff filed suit challenging BLM’s fertility control and gather programs. BLM argued that plaintiff’s claims should be denied as a matter of summary judgment. The court ultimately held that plaintiff failed to provide any “legal authority” or “jurisdictional basis” for the remedies in which she was seeking. The court held that BLM was within its own authority to rely on its own data and surveys of its programs and was under no obligation to review its programs based on plaintiff’s alleged observations. Finally, the court held in favor of BLM as a matter of summary judgment.
Tiller v. State


Defendant argued that being in "possession" of neglected, suffering animals was not a crime. The court held that where a veterinarian testified that the horses were anemic and malnourished and where defendant testified that he had not purchased enough to feed them, the evidence was sufficient to authorize the jury to find defendant guilty beyond a reasonable doubt of seven counts of cruelty to animals. The court held the trial court did not err in admitting a videotape depicting the horses' condition and that of the pasture when the horses were seized, where the videotape was relevant to the jury's consideration.
THE RISE OF EQUINE ACTIVITY LIABILITY ACTS
THE RISE OF EQUINE ACTIVITY LIABILITY ACTS
THE KENTUCKY HORSE: THE REALITY VS. THE MYTH AND WHAT COULD BE DONE TO CLOSE THE GAP
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.
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.
The Equine Identification (England) Regulations 2018
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.
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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