United States

Displaying 401 - 410 of 4800
Titlesort descending Summary
Borenstein v. Animal Foundation Plaintiff brought this lawsuit against several defendants for adopting his service animal out to new owners while he was hospitalized. The court dismissed several claims, including those against the hospital defendants, and determined that the Clark County Animal Ordinance governed the hold of the dog. Plaintiff argues that the court misapplied the law, overlooked facts, and that there was new evidence. The court claimed that the animal ordinance applied because the dog was impounded under the vehicle confinement provision, as the dog was found while she was contained in plaintiff's car. Plaintiff argues that the dog was left in the car with the air conditioning on, that the dog had not been left in the car unattended for more than 15-17 minutes, and that hospital staff were supervising the car while the dog was in it. Therefore, the dog was not in danger enough to trigger the vehicle containment provision of the animal ordinance. However, the court found that there was no error in applying the animal ordinance, since plaintiff would be checking into the hospital for an unforeseen amount of time.
Bormann v. Board of Supervisors In and For Kossuth County


The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement. 
Bormaster v. Henderson


This appeal arises out of a suit brought under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and for breach of expressed and implied warranties after plaintiff purchased an allegedly defective umbrella cockatoo from a pet shop. Prior to purchase, appellee-seller stated the cockatoo was healthy and gave the appellant an "Official Health Certificate for Animals and Fowl" with a 72-hour expressed warranty on the health of the cockatoo. Two weeks later the cockatoo began showing signs of poor health so appellant took it to a veterinarian (it later died). This court concluded the trial court had sufficient rebuttal evidence upon which to hold appellant failed to prove the cockatoo's death by a preponderance of the evidence. Further, this court agreed with the trial court's finding that appellant failed to prove by a preponderance of the evidence that the appellees committed any false, misleading or deceptive acts under the DTPA, or breached any expressed or implied warranties.
Born Free USA v. Norton


The zoo sought to import wild elephants from a foreign country, but advocates contended that the officials did not follow CITES properly for the import. The court held that the advocates failed to show a likelihood of success to warrant preliminary injunctive relief, since no overall detriment to the species was shown.
Boss v. State
Defendant appealed her convictions of misdemeanor failure to restrain a dog and misdemeanor harboring a non-immunized dog after her dogs attacked a neighbor and a witness to the incident causing serious injury to both parties. Evidence supported her convictions for failure to restrain dogs because her fence had gaps through which the dogs could escape, and another dog was wearing only a loose collar. Evidence supported her convictions for harboring dogs that had not been immunized against rabies because she did not show proof that dogs had been immunized, which supported inferences that she was aware of the high probability that the dogs had not been immunized, and therefore, she knowingly harbored non-immunized dogs. 
Boulahanis v. Prevo's Family Market, Inc.
Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not


Michigan


standards. The United States Department of Agriculture elected not to address E. coli contamination, thus


Michigan


may not impose liability on manufacturers for not addressing possible E. coli contamination.
Bowden v. Monroe County Commission The Plaintiff, as administratrix of the estate of her late husband, filed a complaint after he was attacked and killed by American Pit Bull Terriers while taking a walk near his home. The Plaintiff filed against the Defendants, Monroe County, the County Dog Warden Ms. Green, and other defendants, alleging, negligence in performing their statutory duties by allowing vicious dogs to remain at large, and wrongful death. The Plaintiff also sought punitive damages. The Defendants filed a motion to dismiss the complaint and asserted a defense based upon the public duty doctrine. The Circuit Court, Monroe County, granted summary judgment in favor of the Defendants. The Plaintiff appealed. The Supreme Court of Appeals of West Virginia reversed the Circuit Court and remanded. The Supreme Court held that genuine issues of material fact existed for determining whether a special relationship existed between the county and the victim such as whether: (1) the dog warden assumed an affirmative duty to act on the victim's behalf, (2) the dog warden was aware that inaction could lead to harm, (3) the dog warden had direct contact with the victim's wife regarding vicious nature of dogs; and (4) the victim's wife justifiably relied on assurances from dog warden.
Boyer v. Seal In this case, plaintiff filed suit against her daughter under Civil Code article 2321 after her daughter’s cat accidentally tripped plaintiff causing injury to her wrist and back that required medication and hospitalization. Under Civil Code article 2321, plaintiff must show that the domestic animal created an “unreasonable risk of harm” and that any damage that occurred was a direct result of that harm. Additionally, the plaintiff does not need to show that the animal was acting aggressively or was inherently dangerous to collect damages under the code. The court held that plaintiff did not meet this burden of showing an “unreasonable risk of harm” because the cat “getting underfoot and accidentally tripping the plaintiff was not an unreasonable risk.”
Bozzi v. City of Jersey City This New Jersey case considers whether owning a dog creates an objectively reasonable expectation of privacy such that the owner's personal information in the dog licensing record might be exempt from disclosure under the New Jersey Open Public Records Act (OPRA). Plaintiff Ernest Bozzi, a licensed home improvement contractor, submitted a request to the City of Jersey City (Jersey City) for dog license records to solicit customers for his invisible fencing business. He sought only the names and addresses of dog owners. Jersey City denied his request, objecting on the ground that such a disclosure would violate the dog owners’ reasonable expectation of privacy and that such a disclosure would place dog owners and non-dog owners a risk for theft (e.g., non-dog owners might be singled out for robbery or burglary). The lower court found no privacy interest in disclosing the names to comply with plaintiff's request and the Appellate Division affirmed that order. Upon Jersey City's petition for certification, the New Jersey Supreme Court affirmed that ruling, finding that owning a dog is "substantially a public endeavor in which people do not have a reasonable expectation of privacy." In arguments on appeal, Jersey City contended that disclosure for the purpose of commercial solicitation was protected by the privacy exception of OPRA. The Supreme Court noted that OPRA was designed to promote transparency in the operation of government. In looking at the state legislature's continuing process of amending OPRA, the Court found legislative history that declined against recommendations to withhold addresses or phone numbers in exceptions to the Act. Thus, the Court found that Jersey City has failed to present a colorable claim that disclosure of dog license records would encroach on dog owners' reasonable expectations of privacy. In looking at the OPRA privacy clauses, the Court concluded that owning a dog is "inherently, a public endeavor." In fact, dog owners continually expose themselves through social media, vet visits, public dog parks, bumper stickers, and the like, which militates against the activity being a private activity. While there are other aspects of dog licensing that may expose dog owners to a risk, like disclosure that a dog is a service animal or identifying the particular breed of the dog and exposing an owner to possible theft, the release of names and addresses does not rise to that concern. The Appellate Division's judgment was affirmed.
Brackett v. State


In this Georgia case, appellants were convicted of the offense of cruelty to animals upon evidence that they were spectators at a cockfight. The Court of Appeals agreed with the appellants that the evidence was insufficient to support the conviction, and the judgment was reversed. The court found that the statute prohibiting cruelty to animals was meant to include fowls as animals and thus proscribed cruelty to a gamecock. However, the evidence that defendants were among the spectators at a cockfight was insufficient to sustain their convictions.

Pages