United States

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Titlesort descending Summary
Garza v. State Carrollton, Texas municipal code prohibited the keeping of more than three pets on property within the city limits. Yvette Garza, a member of an animal rescue organization, challenged the determination that she had violated the city code by keeping more than three dogs. She argued that the code was unconstitutionally vague and that her actions were necessary. The court held that although the term "keep" was not defined in the statute, a person of ordinary intelligence would understand the law because "keep" has a common sense meaning. Garza also failed to produce evidence proving when the scheduled euthanasia of the dogs was going to occur, she therefore failed to establish the elements of her necessity defense.
Geary v. Sullivan County Society for Prevention of Cruelty to Animals, Inc.


In this New York case, plaintiffs surrendered their maltreated horse to defendant Sullivan County Society for the Prevention of Cruelty to Animals, Inc. on March 4, 2005. Shortly thereafter, they commenced this action seeking return of the horse and damages, including punitive damages. Defendants' answer failed to respond to all paragraphs of the 38-paragraph complaint, which included six causes of action, prompting plaintiffs to move for summary judgment on the ground that defendants admitted "all" essential and material facts. At oral argument before this Court, plaintiffs' counsel consented to defendants filing an amended answer. The court found that since this amended pleading will presumably contain denials to all contested allegations in the complaint, plaintiffs' request for summary judgment on the procedural ground that defendants' failed to deny certain facts must fail. Moreover, as correctly noted by Supreme Court, conflicting evidence precludes summary judgment in plaintiffs' favor.
Geer v. Connecticut


Defendant was charged with the possession of game birds, for the purpose of transporting them beyond the state, which birds had been lawfully killed within the state.   The sole issue which the case presents is, was it lawful, under the constitution of the United States (section 8, art. 1) (the Commerce Clause), for the state of Connecticut to allow the killing of birds within the state during a designated open season, to allow such birds, when so killed, to be used, to be sold, and to be bought for use, within the state, and yet to forbid their transportation beyond the state?  The Court held that, aside from the authority of the state, derived from the common ownership of game, and the trust for the benefit of its people which the state exercises in relation thereto, there is another view of the power of the state in regard to the property in game, which is equally conclusive. The right to preserve game flows from the undoubted existence in the state of a police power to that end, which may be none the less efficiently called into play, because, by doing so, interstate commerce may be remotely and indirectly affected.  This decision was later overruled in Hughes v. Oklahoma, 441 U.S. 322.
Genetic Engineering and Animals
GENETIC ENGINEERING OF DOMESTIC ANIMALS: HUMAN PREROGATIVE OR ANIMAL CRUELTY
Georgia Aquarium v. Pritzker
Georgia’s "Responsible Dog Ownership Law" Summary This document provides of summary of the "Responsible Dog Ownership Law" (RDOA) of Georgia, signed into law by Governor Deal in 2012.
Gerofsky v. Passaic County Society for the Prevention of Cruelty to Animals


The President of the New Jersey SPCA brought an action to have several county SPCA certificates of authority revoked.  The county SPCAs brought a counterclaim alleging the revocation was beyond the state SPCA's statutory authority.  The trial court revoked one county's certificate of authority, but the Court of Appeals held the revocation was an abuse of discretion.
GETTING SPECIES ON BOARD THE ARK ONE LAWSUIT AT A TIME: HOW THE FAILURE TO LIST DESERVING SPECIES HAS UNDERCUT THE EFFECTIVENESS OF THE ENDANGERED SPECIES ACT
Giacalone v. Housing Authority of Town of Wallingford


In this Connecticut case, a tenant, who was bitten by a neighbor's dog, brought a common law negligence action against the landlord, the housing authority of the town of Wallingford. The tenant then appealed after the lower court granted the landlord's motion to strike the complaint. On appeal, this Court held that the tenant properly stated a claim under common law negligence against the landlord. Relying on



Auster v. Norwalk United Methodist Church, 286 Conn. 152, 943 A.2d 391 (2008)



, the court concluded that a common-law negligence action brought against a landlord in a dog bite case should not be striken simply because the landlord was the the owner or keeper of the dog.

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