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Association des Eleveurs de Canards et d'Oies du Quebec v. Harris |
Prior to California's Force Fed Birds law—which bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size—coming into effect, two non-California entities produced foie gras that was sold at a California restaurant. When the law came into effect, all three entities sought to enjoin the state of California from enforcing the law; they argued the law was unconstitutionally vague and violated the Commerce Clause of the U.S. Constitution. The district court, however, denied their motion for preliminary injunction. On appeal, the 9th Circuit affirmed the lower court’s decision to deny the preliminary injunction.
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Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n |
In this California case, the Elebiaris sought permission from their condominium association to keep a small dog as a companion (both
suffered from severe depression and found that taking care of a dog alleviated their symptoms and enabled them to function more productively). T
he association refused their request, leading the Elebiaris to file a claim with the Fair Employment and Housing Commission (the FEHC), which found in favor of the Elebiaris. After the Superior Court granted the condominium's petition, the FEHC and residents appealed.
The appellate court held that the trial court erred in overturning the FEHC decision where the FEHC's finding that a companion dog constituted a reasonable accommodation for plaintiff's disability was supported by substantial evidence.
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Augillard v. Madura |
This appeal arises from a suit for conversion filed by Shalanda Augillard alleging that Tiffany Madura and Richard Toro wrongfully exercised dominion and control over Augillard's black cocker spaniel, Jazz, who was recovered from New Orleans in the wake of the Hurricane Katrina. The central issue at trial and the only disputed issue on appeal is whether Augillard's dog, Jazz, and the dog that Madura adopted from New Orleans after Hurricane Katrina, Hope, are in fact the same dog. Augillard asserts on appeal that the trial court erred in disregarding conclusive evidence, including forensic DNA analysis, establishing that Hope and Jazz are the same dog.
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Auster v. Norwalk |
Plaintiff, while on church premises, was bitten by a church employee's dog. Plaintiff seeks damages from church under the state dog bite statute, which imposes strict liability for damages on the dog's keeper. The Connecticut Supreme Court ruled in favor of the church, reasoning that a non-owner must be responsible for maintaining and controlling the dog at the time the damage is done in order to be held liable under the statute.
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Auster v. Norwalk United Methodist Church |
The plaintiff, Virginia Auster, brought this action pursuant to General Statutes § 22-357FN1 to recover damages for personal injuries alleged to have been caused by the dog of an employee of the defendant, Norwalk United Methodist Church. Ms. Auster was a visitor who was on the premises to attend a meeting in the parish house when she was bitten by dog of church employee, who lived in an apartment in the parish house.
After a jury trial, the verdict was returned in favor of the plaintiff, and the defendant appealed. (See summary judgment appeal, 2004 WL 423189). The Appellate Court held that church was not a “keeper” of the church employee's dog for purposes of statute which imposed strict liability on the keeper of any dog that did damage to the body or property of any person. The court reversed the judgment and remanded the action for a new trial on the issue of common-law negligence
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Auster v. Norwalk United Methodist Church (Unpublished) |
In this unpublished Connecticut opinion, the defendant-church owned property and leased a portion of the premises to one of its employees, Pedro Salinas. The plaintiff was attacked by a dog, owned by Salinas, while lawfully on the defendant's premises. The plaintiff appealed a summary judgment ruling in favor of defendant. On appeal, the court found that a genuine issue of material fact existed as to whether defendant-church was a "harborer" of the dog under Connecticut law. Because Salinas and the church had no formal lease agreement, dispute existed as to the exact parameters of Salinas' exclusive control of the premises where his dog roamed. There also existed a material fact regarding the church's knowledge of the dog's vicious propensities because it had twice previously attacked a person. (Note the jury trial decision in favor of plaintiff was later overturned in
Auster v. Norwalk United Methodist Church
, --- A.2d ----, 94 Conn.App. 617, 2006 WL 797892 (Conn.App.)).
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Austin v. Bundrick |
This Louisiana case involves a suit against the owner of a cow (Bundrick) that wandered into the road where it was struck by plaintiff Austin's vehicle. Bundrick and his insurer, Colony Insurance Company, appealed the partial summary judgment finding Bundrick liable for the damages resulting from the accident. In reversing the lower court's order for partial summary judgment and remanding for a trial on the merits, the court noted that it is well settled that when an auto strikes a cow on one of the enumerated "stock law" highways, the burden of proof rests upon the owner of the animal to exculpate himself from even the slightest degree of negligence.
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Aversa v. Bartlett |
Plaintiff was awarded $100,000 for past pain and suffering and $200,000 for future pain and suffering after she was bitten in the face by Defendant's dog. Defendant appealed on the basis that the jury award for future pain and suffering was unreasonable compensation. The Appellate Division of the Supreme Court modified the judgment to be $75,000 for past pain and suffering after Plaintiff stipulated to the decrease.
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AWA - Birds - Subpart G. Specifications for the Humane Handling, Care, Treatment, and Transportation of Birds |
These AWA regulations comprise Subpart G for the Humane Handling, Care, Treatment, and Transportation of Birds. |
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AZ - Assistance Animal - Arizona's Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and service animal laws. |
