United States

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Titlesort descending Summary
Chase v. State Appellant and his wife were walking their two dogs when two neighbor dogs attacked the group. After the attack, appellant slashed the attacking dog's throat with a knife, which resulted in the dog's death. Appellant was then charged with and convicted of cruelty to non-livestock animals under Texas law. The appellant appealed to the Texas Court of Appeals and the case was reversed and remanded. The State filed a petition for discretionary review with the Court of Criminal Appeals. The issue before that court was whether § 822.013(a) of the Texas Health and Safety Code, a non-penal code, provided a defense to criminal prosecution. The court held that § 822.013(a)—which allows an attacked animal's owner or a person witnessing an attack to kill a dog that is attacking, is about to attack, or has recently attacked a domestic animal—is a defense against cruelty to non-livestock animals. The judgment of the Court of Appeals was therefore affirmed. The dissenting opinion disagreed. The dissent argued the goal of this statute was to protect farmers and ranchers against the loss of their livelihood by allowing them to protect their livestock from attacking dogs without fear of liability to the dog's owner, not to allow individuals in residential neighborhoods to kill a neighbor's dog after an attack with criminal impunity.
Chavez v. Aber Plaintiffs sought damages stemming from Defendants' refusal to accommodate Plaintiffs’ minor son's mental health disabilities by allowing Plaintiffs to keep a mixed-breed pit bull as an emotional support animal in their rented duplex. Plaintiffs asserted (1) housing discrimination under the Federal Housing Act (“FHA”), (2) unlawful retaliation under the FHA, (3) discrimination under the Texas Fair Housing Act (“TFHA”), and (4) unlawful retaliation under § 92.331 of the Texas Property Code. Defendants filed the Motion, seeking dismissal of the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The court found Plaintiffs had adequately pleaded all claims and denied the Defendant’s motion to dismiss.
Chee v. Amanda Goldt Property Management
Plaintiff, Lila Chee, a resident and owner of a condominium unit, appealed from a judgment entered in favor of all defendants on her complaint seeking damages for personal injuries she suffered when a dog belonging to Olga Kiymaz, a tenant of another unit in the same complex, jumped on Chee. In affirming the lower court's award of summary judgment, this court held that the landlord had no duty in absence of landlord's actual knowledge of dog's dangerous propensities. Further, the landlord was not liable to owner for nuisance. Finally, the condominium covenants, conditions, and restrictions (CC&R's) did not impose vicarious liability on landlord.
Chimpanzee Laws
Christensen v. Lundsten


In this New York case, the parent of child injured by a dog brought an action seeking to have the dog declared a “dangerous dog” under the relevant law. The Court conducted a trial of the “dangerous dog” petition filed and rendered an oral decision that declared the respondents' Chesapeake Bay Retriever “Nellie” to be a dangerous dog under New York Agricultural and Markets Law § 121. The parties contested the appropriateness of a finding of “negligence” and “strict liability” and the entry of judgment. The District Court held that the court would not resolve issue of negligence because the issue was not properly joined for disposition; however, the owners were strictly liable for child's unreimbursed medical expenses.
Christian v. Petco Animal Supplies Stores, Inc.


This New York case consists of an action to recover damages for personal injuries. The plaintiffs appeal the granting of the motion of the defendant for summary judgment dismissing the complaint insofar as asserted against him and the cross motion of the defendants Petco. The infant plaintiff allegedly sustained personal injuries when she was bitten by a dog owned by the defendant Kenneth Coughlin at a Petco store. The court held that the evidence submitted established that the defendants were not aware that this dog had ever bitten anyone or exhibited any aggressive behavior.
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah


Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity.
Circuses and the Laws Governing Them
Cisneros v. Petland, Inc. Plaintiff Cisneros purchased a Shih Tzu puppy named "Giant" from Petland Kennesaw, a Kennesaw, Georgia franchise of Petland, Inc. She received a certificate of "veterinary inspection" and a limited health guarantee at the time of purchase. Several days later, problems arose with the puppy and she brought the dog back to the Petland affiliated veterinarian who prescribed antibiotics without making a diagnosis. Shortly thereafter, an emergency pet visit revealed the dog suffered from parvovirus. Cisneros called Petland who told her to take the dog back to the Petland vet if she wanted a refund. She did so and the dog died several days later. Because the State of Georgia requires reporting of parvovirus, Cisneros received a report after the dog died, but she learned the dog's organs had been removed (an uncommon post mortem practice). As a result, plaintiff alleged that actions were the intended result of a nationwide conspiracy involving Petland and its affiliates to sell unhealthy puppies from "puppy mills" where health conditions are rubber stamped by a network of "preferred veterinarians" and buyers are deceived by sales documents that distract from the fraud. Plaintiff broadly asserted three claims: (1) a violation of the federal RICO statute, 18 U.S.C. § 1962(c); (2) a conspiracy to violate the federal RICO statute, 18 U.S.C. § 1962(d); and (3) with respect to a Georgia subclass of persons who purchased a cat or dog from a Petland franchise in Georgia from July 2013 to the present, a violation of Georgia's state RICO statute, O.C.G.A. § 16-14-4. The district court dismissed Cisneros's federal causes of action for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and declined to exercise supplemental jurisdiction over her remaining state-law claim, pursuant to 28 U.S.C. § 1367(c). After applying the six-fold test for a private plaintiff suing under the civil provisions of RICO, this Court found chiefly that Cisneros has alleged no facts that plausibly support the inference that the defendants were collectively trying to make money in pet sales by fraud, which is a common purpose sufficient to find a RICO enterprise. Cisneros was required to allege not just that Petland Kennesaw had a fraudulent purpose, but that it was a common purpose, formed in collaboration with Petland, PAWSitive, and the preferred veterinarians. In the end, Cisneros has alleged only that Petland operates a franchise business like any other franchisor. Even assuming that Cisneros has adequately pled fraud on the part of Petland Kennesaw, she has not alleged that its predicate acts constituted a pattern of racketeering activity. The action was affirmed in part, and vacated and remanded in part.
Citizens for Alternatives to Animal Labs, Inc. v. Board of Trustees of State University of New York


Citizens wanted access to University records dealing with biomedical research using cats and dogs.

 

These records were created, as required by federal Law, but access to the records was requested under state law.

 

According to the New York Freedom of Information Act (FOIL), documents held by an “agency” should be disclosed.

  The lower Appellate Division held that s

ince the University did not fall under the definition of “agency" under New York Public Officers Law, it was not required to turn over such documents.  The New York Court of Appeals, however, found that the Appellate Division's rationale for denying FOIL disclosure was inconsistent with precedent, and that the legislative goal behind FOIL of was liberal disclosure, limited only by narrowly circumscribed specific statutory exemptions.  Thus, in reversing the Appellate Division's decision, the Court of Appeals held that the records were subject to disclosure.

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