United States

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Titlesort descending Summary
In Defense of Animals v. Salazar
In this case, the Plaintiffs, In Defense of Animals, Craig C. Downer, and Terri Farley, attempted to obtain a preliminary injunction that would stop the defendants, Secretary of the Interior Ken Salazar and representatives of the Interior Department's Bureau of Land Management (“the Bureau”), from implementing a plan to capture or gather approximately 2,700 wild horses located in western Nevada (“gather plan”).

 

The plaintiffs contended that the gather plan had to be set aside pursuant to the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq., because the Bureau did not have the statutory authority to carry out the gather plan, and because the plan did not comply with the terms of the Wild Free-Roaming Horses and Burros Act (“Wild Horse Act”), 16 U.S.C. §§ 1331 et seq.

 

The Court denied the Plaintiffs request for an injunction.

 
In Defense of Animals v. U.S. Dept. of Interior


Plaintiff animal non-profits filed a Motion for a Temporary Restraining Order and/or Preliminary Injunction to stop the government from rounding up, destroying, and auctioning off wild horses and burros in the Twin Peaks Herd Management Area. Plaintiffs alleged that the government's actions violated the Wild Free–Roaming Horses and Burros Act and the National Environmental Policy Act. However, the initial phase of the plan sought to be enjoined (the roundup) had taken place. The court held that the interlocutory appeal from the denial of a preliminary injunction was moot because the roundup had already taken place.
In re Capers' Estate


In this Pennsylvania case, the testatrix directed in her will that her Irish setter dogs to be destroyed in a humane manner. The executors were unsure of what action to take and sought declaratory relief. In attempting to construe the testatrix's intent, the court found that she "evidently feared that either they would grieve for her or that no one would afford them the same affection and kindness that they received during her life." The court found that the intent of testatrix would be carried out if her two favored Irish setters were placed in an environment where they are given the same care and attention that she she gave them during her life. The final question the court grappled with was whether it was against public policy to hold valid a clause in a will directing the summary destruction of certain of decedent's property after her death. The court held that the clause was void as not being within the purview of the Wills Act of the Commonwealth of Pennsylvania, and being against the public policy of the Commonwealth of Pennsylvania.
In re Clinton Cty. Synopsis from the court: County filed notice of claim, directed toward estate of cattle farmer who had passed away after he was charged with animal cruelty, seeking reimbursement for costs incurred in connection with care of seized cattle. The Surrogate's Court, Clinton County, Timothy J. Lawliss, J., held that: (1 ) county failed to establish that it was entitled to any relief based upon a theory of quantum meruit, and (2) even assuming that service providers, and thus county upon payment of service providers' bills, enriched farmer, county was not entitled to recover based upon a theory of unjust enrichment because criminal charges against farmer were dismissed upon his death. Notice of claim denied and dismissed.
In re Endangered Species Act Section 4 Deadline Litigation-MDL No. 2165


After parties in a lawsuit over listing species as endangered or threatened agreed upon a settlement, the Safari Club motioned to intervene because the settlement might affect three species that the club's members hunt. The district court denied the motion to intervene as of right because the club lacked Article III standing and denied a permissive intervention because it would cause undue delay and prejudice to the parties; the court then approved the settlement and the club appealed. The appeals court affirmed the lower court's decision that the club lacked Article III standing for intervening as of right. The appeals court, however, in view of uncertainty whether Article III standing was required for permissive intervention, declined to exercise pendant appellate jurisdiction over the permissive intervention appeal.
In re Kenna Homes Cooperative Corporation


The owners of a cooperative unit kept a dog in their dwelling despite a no pets policy. There was, however, an exception in the policy for service animals, and the Jessups argued that the small dog they kept was necessary due to various medical problems they had, including arthritis and depression. The housing authority denied the request, stating that only animals certified for the particular disability qualify as a "service animal." The West Virginia Court of Appeals held that a housing authority may require that a service animal be properly trained without violating federal law.
In re Knippling


The Defendant was convicted in the Superior Court in Spokane County, Washington of second degree assault and first degree animal cruelty.  The Defendant requested that he receive credit against his term of community custody for the extra 24 months' confinement time he served before he was re-sentenced.

  

The Court of Appeals held that the Defendant was entitled to 24 months credit against his term of community custody.

  
In re Kulka's Estate


This action relates to a court order in an estate case.  The decedent left a legacy in the form of some timber reserves to the Human Society of Portland Oregon "to be used solely for the benefit of animals."  The executor refused to pay the legacy.  This is an appeal from a circuit court decision directing and authorizing Andrew Hansen, executor of the estate of Otto Kulka, deceased, to pay the petitioner a legacy from proceeds in the executor's hands.  The court affirmed the payment of the legacy.
In re Marriage of Berger and Ognibene-Berger Joe Berger appeals from the provisions of the decree of divorce from Cira Berger, including the court’s grant of Max, the family golden retriever, to Cira. He argues that it would be more equitable to grant him ownership of Max because Cira already owns another dog, Sophie, and the parties’ son, who lives with Joe, is very attached to Max. The district court made their decision based on which party would be more available to care for the dog. This court affirms that decision, citing evidence that Max is licensed to Cira, only Cira’s name is in the dog’s ‘GEO tracker’ device, and Cira got Max medical attention even when Max was in Joe’s care. The court specified that they need not determine a pet's best interests when deciding custody.
In re MARRIAGE OF Kimberly K. Enders and Michael A. BAKER

In this case, Michael A. Baker appealed the trial court’s decision regarding property distribution and visitation rights with regard to his two dogs, Grace and Roxy, following his divorce from Kimberly K. Enders. The trial court awarded custody of both dogs to Enders and denied Baker any visitation rights. In making its decision, the trial court relied on a New York case in which the New York Supreme Court did not allow dog visitation. (Travis v. Murray, 42 Misc.3d 447, 977 N.Y.S.2d 621, 631 (N.Y.Sup.Ct.2013). The New York Supreme Court refused to apply the “best interests of the dog” standard and instead applied a “best for all standard,” holding that “household pets enjoy a status greater than mere chattel.” Baker appealed the trial court’s decision arguing that Illinois courts have the authority to order pet visitation. On appeal, the court determined that there was no case law to suggest that an Illinois court had ever addressed the issue of dog visitation. As a result, the court found that the trial court was well within its discretion to apply the standard used in the New York case. Additionally, the court of appeals applied the statutory definition of “dog owner” in Illinois and determined that Enders was the dogs’ rightful owner. The Illinois statute defined owner as “any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian.” The court found that because the dogs were left in Ender’s care following the divorce, she is the one who “keeps or harbors” the dogs and is therefore the owner. Ultimately, the court affirmed the trial court’s decision and denied Baker visitation rights.

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