United States

Displaying 1621 - 1630 of 4799
Titlesort descending Summary
How Nonhuman Animals Were Trapped in a Nonexistent Universe
How to Apply the “Best Interest of the Pet” Standard in Divorce Proceedings in Accordance with Newly Enacted Laws
Howard v. Chimps, Inc.


While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

Howle v. Aqua Illinois, Inc. As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim.   
Huff v. Dyer


In this Georgia case, the plaintiff was injured from being bitten by defendants' dog who was chained to the bed of their pickup truck while the defendants were inside an adjacent restaurant. The plaintiff sued defendants, claiming that they failed to warn her of their dog's dangerous propensities and that they committed negligence per se by violating the state's strict liability statute (OCGA § 51-2-7) and the Hall County Animal Control Ordinance. A jury found in favor of the defendants. The court found that the evidence was therefore more than sufficient to support the jury's conclusion that defendants' dog was “under restraint” for purposes of the ordinance. Further, there was no evidence that the owners had knowledge of the dog's vicious propensity. Affirmed.

Hughes v. Oklahoma


The Oklahoma statute at issue prohibited transporting or shipping outside the State for sale natural minnows seined or procured from waters within the State. Appellant, who held a Texas license to operate a commercial minnow business in Texas, was charged with violating the Oklahoma statute by transporting from Oklahoma to Texas a load of natural minnows purchased from a minnow dealer licensed to do business in Oklahoma.  In overruling Geer v. Connecticut, the Court held that the Oklahoma statute on its face discriminated against interstate commerce by forbidding the transportation of natural minnows out of the State for purposes of sale, and thus overtly blocking the flow of interstate commerce at the State's border.

Hulsizer v. Labor Day Committee, Inc.


This Pennsylvania case involves an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA). Hulsizer, an agent of the PSPCA, filed this action in equity seeking injunctive and declaratory relief against the appellee, Labor Day Committee, Inc., for their role in conducting an annual pigeon shoot. Hulsizer sought to have appellee enjoined from holding the shoot, alleging that it violates the cruelty to animals statute. At issue is whether Hulsizer has standing to bring an enforcement action in Schuylkill County. This court found no inconsistency in reading Section 501 and the HSPOEA (Humane Society Police Officer Enforcement Act) together as statutes that are in pari materia. Since the HSPOEA does not limit the jurisdiction of humane society police officers by requiring them to apply separately to the courts of common pleas in every county in Pennsylvania, the officer had standing to bring an enforcement action. The lower court's orders were reversed.

HUMAN DRAMA, ANIMAL TRIALS: WHAT THE MEDIEVAL ANIMAL TRIALS CAN TEACH US ABOUT JUSTICE FOR ANIMALS
Human Identity: The Question Presented by Human-Animal Hybridization
Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This the Question?

Pages