United States

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Stephens v. Target Corp.


Lamp owners sued the lamp’s manufacturer and seller under Washington Products Liability Act, alleging that  lamp caused a fire that injured their dog. The District Court held that Plaintiffs could not recover damages for emotional harm arising from injury to their dog. The appropriate measure of damages for personal property is market value, but if it has none, then the value to the owner is the proper measure. Plaintiffs' recovery was limited to the actual or intrinsic value of the dog.
Stevens v. Hollywood Towers and Condominium Ass'n Plaintiffs brought the instant suit contending that their Condo Board's refusal to accommodate the need for an emotional support animal forced them to sell their condo. The Defendants moved to dismiss for failure to state claims upon which relief could be granted. After finding that Plaintiffs were not entitled to unrestricted access for their dog despite a no pet waiver and after needing more facts to determine whether Defendants restrictions on Plaintiffs’ access to the building were reasonable, the District Court denied Defendants' motion to dismiss Plaintiffs' claims under the Federal Housing Amendments Act (FHAA) and the Illinois Human Rights Act (IHRA). The District Court also found Plaintiffs' interference or intimidation allegations sufficient to withstand a motion to dismiss. However, the District Court dismissed Plaintiffs’ nuisance claim because Plaintiffs had not contended that Defendants unreasonably used their own property to interfere in Plaintiffs' use and enjoyment of their home, but rather, contended that Defendants made rules that interfered with the Plaintiff's ability to use the common areas of the property as they wished. Plaintiffs’ intentional infliction of emotional distress claim was also dismissed because Plaintiffs had not sufficiently alleged that Defendants' conduct was extreme or outrageous. Finally, the constructive eviction claim was dismissed because more than a year had past between the owners’ accommodation request and the sale of their condominium. In sum, Counts I, II, and III went forward, but the remainder of the complaint was dismissed. Additionally, Defendant Sudler Building Services was dismissed from the complaint.
STEVENS, R.A.V., AND ANIMAL CRUELTY SPEECH: WHY CONGRESS'S NEW STATUTE REMAINS CONSTITUTIONALLY PROBLEMATIC Abstract: The constitutionality of restrictions on speech depicting actual cruelty to animals is a question that continues to divide courts and commentators. In U.S. v. Stevens, the Supreme Court struck down a 1999 ban on depictions of animal cruelty. The Court invalidated the ban on its face because, as written, the statute extended beyond acts of actual animal cruelty to other forms of unlawful animal harm, such as hunting out of season. Thus, the Court did not resolve the core question presented.



Congress responded by drafting a new statute, one narrowed to “crush” videos--obscene depictions of animal cruelty--in an effort to avoid constitutional problems. This new statute, however, continues to raise constitutional and public policy concerns--despite its recent upholding in the Fifth Circuit in United States v. Richards.



This article is the first to analyze the constitutional and public policy issues presented by Congress's new animal cruelty speech regulation. This article contends that the modified statute is poor public policy and remains constitutionally problematic. First, as a policy matter, the statute is ineffective because it fails to criminalize the most widespread and troubling form of animal cruelty speech: animal fighting videos. Second, the statute's overly narrow reach--limited to obscene depictions of animal cruelty--in fact increases its constitutional problems by triggering the “virulence” doctrine first articulated in R.A.V. Since courts are unlikely to view obscene depictions of animal cruelty as virulently “prurient” obscenity, as opposed to the kind of “morbidly” violent speech entitled to the protections of strict scrutiny as established in Brown, the statute will likely be invalidated.


The article concludes with an exploration of possible new legislation, which could effectively prevent animal cruelty, while also preserving free speech rights.
Stoffels v. Harmony Hill Farm


An owner of a horse farm acquired a new horse that had only recently been broken in and got a woman with some health problems to ride the horse. The horse bucked and threw the defendant off the horse causing injury. The court held that even though riders assume the risk of most injuries, a horse owner can be liable for failure to take reasonable measures to match the rider to a suitable horse.
Stolte v. Hammack


After home owner’s roommate was attacked by a pit bull inside the home, the victim filed suit against owner under the vicious animal and the premises liability statutes. The Court of Appeals held that, because the roommate knew about the dog’s vicious propensity to the same extent as the owner, the owner was not liable. Plaintiff must present evidence that the owner had superior knowledge of the dog's temperament for the owner to be liable.
Storms v. Fred Meyer Stores, Inc.


This Washington discrimination case was brought by a dog owner (Storms) with psychiatric conditions against a store and its managers who refused to allow her to stay in store with her alleged service dog. The dog was trained to 

put herself between Storms and other people so as to keep an open area around Storms and alleviate her anxiety (a symptom of her post-traumatic stress syndrome). The appellate court found that there was sufficient evidence to establish a prima facie case of discrimination against Fred Meyer for refusing to allow her to shop accompanied by her dog. Testimony showed that Brandy had been specifically trained to help Storms with her particular disability by placing herself in between Storms and others in a way that alleviated her anxiety, which was further corroborated by testimony that Brandy engaged in such behavior. Thus, evidence showed that the defendants' violated RCW 49.60.215 by not allowing Storms to do her own shopping within the store because she was accompanied by a service animal.
Stout v. U.S. Forest Service


Plaintiff ranch owners grazed cattle within the Murderer's Creek Wild Horse Territory (WHT), an area in which the threatened Middle Columbia River steelhead was present. The Forest Service approved a wild horse management plan in the area, but failed to prepare a Biological Assessment (BA) to determine whether the plan was likely to affect the threatened species, and whether formal consultation with the National Marine Fisheries Service (NMFS) was necessary. The Forest Service’s failure to comply with section 7(a)(2) of the Endangered Species Act (ESA) was arbitrary and capricious, and was ordered to consult with NMFS on its plan.
Strahan v. Linnon


Coast Guard vessels struck and killed Northern Right whales. Plaintiffs claim that these incidents constitute takings in violation of the ESA and MMPA. Court holds that the Coast Guard could implement reasonable and prudent alternatives that would reduce the striking of whales.
Strawser v. Wright


Plaintiff sued defendant dog breeders after defendants misrepresented that the dog had been vaccinated as a newborn against Parvo.  In affirming the trial court's grant of summary judgment to defendants on the issue of negligent infliction of emotional distress the court noted that dogs are considered property in Ohio.  While the court sympathized "with one who must endure the sense of loss which may accompany the death of a pet; however, we cannot ignore the law . . . Ohio law simply does not permit recovery for serious emotional distress which is caused when one witnesses the negligent injury or destruction of one's property."
Stray from Heart, Inc. v. Department of Health and Mental Hygiene of City of New York


Petitioner, an animal rescue organization, filed suit seeking the enforcement of the Animal Shelters and Sterilization Act. The court held that the act does not provide for a private right of action for money damages. Instead, the legislative history reveals the law was designed to benefit the general public in New York City as well as stray cats and dogs. The court affirmed the lower court's decision with costs.

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