Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| AN INTERNATIONAL TREATY FOR ANIMAL WELFARE | David Favre | 18 Animal L. 237 (2012) |
Currently there is no international agreement that ensures the welfare and protection of animals. Nor is there any international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current disparate treatment of animals around the world, echoing the need for an international framework addressing the issue. This Article discusses a proposed umbrella treaty, the International Convention for the Protection of Animals (ICPA). This umbrella treaty would enable animal welfare issues to gain international recognition and protection by setting the general guidelines and polices regarding the treatment and use of animals. This Article argues that this is the best way to successfully pursue international protection by reconciling the conflicting goals of making a treaty enticing to as many countries as possible, without eliminating enforcement mechanisms. This Article also suggests four companion protocols that would further delineate specific animal welfare standards and requirements. With the present economic climate, it may be difficult to convince countries to pass such a treaty. However, the ICPA could make it possible to begin the process of enacting groundbreaking international animal protection. |
Article | |
| An Introduction to Pet in Wills and Pet Euthanasia | Suzette Daniels | Michigan State University - Detroit College of Law |
This paper examines several issues related to estate planning and companion animals. Included in the discussion are pet trusts, new provisions of the Uniform Probate Code, and will-stipulated euthanasia of pets. |
Article | |
| Ananda v. The Village of Glenview | After a dog bite incident, the village of Glenview declared plaintiff's dog "vicious." Plaintiff's dog escaped from his mandated enclosure and was impounded by animal control. Plaintiff moved the Circuit Court of Cook County to enter an order transferring ownership of the dog and limiting impoundment fees. The order also asks the court to void the vicious dog determination and to declare section 365 of the Animal Control Act unconstitutional. This document also includes defendant's answer. | Pleading | |||
| Anays Rodriguez-Porras, Plaintiff v. Miami-Dade Animal Services, Miami-Dade Police Department, Miami-Dade County, Defendants |
This Miami-Dade County, Florida case concerns the unauthorized euthanization of the plaintiff's dog, "Cowboy." Cowboy was a beloved family pet who was fitted with an identification microchip in case he was ever lost. In August of 2005, Cowboy got loose after being frightened by a storm and picked up by an animal shelter officer. The plaintiff was inaccurately informed that no dog matching Cowboy's description was at the shelter (records from the shelter showed he was actually picked up the same day he escaped from his home). Five days later, she was informed that Cowboy was at the shelter. After telling the shelter she would be there the next day to pick up Cowboy (since the shelter was closing and would not wait for her to arrive), the shelter euthanized the dog despite assurances to plaintiff that he would be kept safe. Plaintiff sued animal control, the county, and police department for intentional infliction of emotional distress, conversion, wrongful disposition of a body, and negligence. |
Pleading | |||
| Anderson v Ah Kit | [2004] WASC 194 |
In proceedings for defamation, the plaintiff alleged that the defendant published information giving rise to the imputations that the plaintiff left animals to starve and that the Northern Territory government had to intervene to feed those animals. The defendant pleaded, inter alia, the defences of Polly Peck and fair comment. The Court ruled that the Polly Peck defense was sufficiently justified to survive the plaintiff's strike out application. It was held, however, that although animal welfare generally was a matter of public interest, the welfare of some animals held on private property was not, and could not be made by extensive media coverage, a matter of public interest. |
Case | ||
| Anderson v Moore | [2007] WASC 135 |
The appellant ignored advice to make available reasonable amounts of food to feed sheep. The appellant claimed to be acting under veterinary advice and further that the trial judge erred in taking into account the subjectivity of the appellant's actions. All claims were dismissed. |
Case | ||
| Anderson v. Christopherson | 816 N.W.2d 626 (Minn. 2012) | 2012 WL 2913222 (Minn.) |
This appeal asks two questions: whether defendant-dog owners (Christophersons) were strictly liable under Minn.Stat. § 347.22 for plaintiff Anderson's injuries suffered when he attempted to break up a fight between defendants' and plaintiff's dogs; and (2) whether one of the defendants was an "owner" for purposes of this law. In the case at hand, the court found that the events leading to Anderson's injury could produce three reasonable alternative inferences such that summary judgment was inappropriate. The court found there was an issue whether the father Dennis Christopherson was "harboring" the dog at the home for purposes of the animal owner liability statute. |
Case | |
| Anderson v. City of Blue Ash | 798 F.3d 338 (6th Cir. 2015) | 2015 WL 4774591 (6th Cir., 2015) | This case stems from a dispute between Plaintiff/Appellant and the city of Blue Ash (City) on whether Plaintiff/Appellant could keep a miniature horse at her house as a service animal for her disabled minor daughter. Plaintiff/Appellant’s daughter suffers from a number of disabilities that affect her ability to walk and balance independently, and the horse enabled her to play and get exercise in her backyard without assistance from an adult. In 2013, the City passed a municipal ordinance banning horses from residential property and then criminally prosecuted plaintiff/appellant for violating it. Plaintiff/Appellant’s defense was that the Americans with Disabilities Act (“ADA”), and the Fair Housing Amendments Act (“FHAA”), both entitled her to keep the horse at her house as a service animal for her daughter. Rejecting those arguments, the Hamilton County Municipal Court found Plaintiff/Appellant guilty. Plaintiff/Appellant filed suit in federal court arguing that the ADA and FHAA entitled her to keep her horse as a service animal. The district court granted summary judgment to the City, finding that Plaintiff/Appellant's claims were barred by claim and issue preclusion stemming from her Municipal Court conviction. On appeal, the Sixth Circuit found that, because the fact-finding procedures available in a criminal proceeding in municipal court differed substantially from those available in a civil proceeding, Plaintiff/Appellant's conviction had no preclusive effect on this lawsuit. Furthermore, while there was no evidence that the City's actions were motivated by discriminatory intent against the minor daughter or had a disparate impact on disabled individuals, there were significant factual disputes regarding whether the ADA or FHAA required the City to permit Plaintiff/Appellant to keep her miniature horse at her house. The district court's grant of summary judgment to the City on those claims was therefore reversed. | Case | |
| Anderson v. City of Camden | 2011 WL 4703104 (2011) |
Defendant Animal Control officers took Plaintiffs' two dogs pursuant to a pick-up order issued by a Magistrate of Kershaw County. The two dogs had a history of attacking other dogs and of running loose. Plaintiffs filed Fourth Amendment and South Carolina Tort Claims Act claims against Defendants. Court granted Defendants' motions for summary judgment because they did not violate a clearly established constitutional law, and were, therefore, entitled to qualified immunity from Plaintiffs' Fourth Amendment claim. |
Case | ||
| Anderson v. Creighton | 483 US 635 (1987) |
Suit was brought against FBI agent seeking damages resulting from warrantless search of residents' home. |
Case |