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Rossi v. Mohawk and Hudson River Humane Soc. |
Petitioner-Debtor challenged the Bankruptcy Court’s denial of Petitioner’s application for a Temporary Restraining Order and for a stay pending appeal after the Mohawk and Hudson River Humane Society seized 23 cats from Petitioner’s prior home for failure to provide proper sustenance/cruelty to animals and subsequently obtained a bond against Petitioner for the cost of providing animal care.
The United States District Court, N.D. New York denied Petitioner’s motion for leave to appeal requesting relief identical to that which was denied by the Bankruptcy Court, finding that the exhibits submitted show that Petitioner was currently charged with four misdemeanors, and that the commencement of the criminal charges against Petitioner and the posting of security pending the disposition of such criminal charges fall within the exception to the automatic stay under federal law.
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Rowley v. Murphy |
A deer being hunted with a pack of hounds jumped onto a road and fell under a stationery vehicle. Members of the hunt dragged the deer from under the vehicle to a nearby enclosure, where the Master of the hunt slit the deer's throat and killed it. The Divisional Court held that the Master could not be convicted of an offence of cruelty under the 1911 Act because, for the purposes of that Act, which protects only captive and domestic animals, a mere temporary inability to escape did not amount to a state of captivity.
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Royal Society for the Prevention of Cruelty to Animals Western Australia Inc v Hammarquist |
The respondents were charged with nine counts of inflicting unnecessary suffering on an animal, a cow, and one count of of subjecting 50 cows to unnecessary suffering. The trial judge found the respondents wrongly charged and dismissed the charges without the prosecution clearly articulating its case. The trial judge was incorrect to dismiss the charges for want of particulars. The trial magistrate was also incorrect to dismiss the tenth charge for duplicity. In some circumstances it is possible to include multiple offences in the same charge where the matters of complaint are substantially the same.
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RSPCA v Harrison |
The respondent was the owner of a dog which was found with skin ulcerations, larval infestations and saturated in urine. On appeal, it was found that the trial judge failed to give proper weight to cumulative circumstantial evidence as to the respondent's awareness of the dog's condition. It was also found that 'illness' was intended to cover a wide field of unhealthy conditions and included the larval infestation. The respondent was convicted and fined.
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RSPCA v O'Loughlan |
The appellant, the RSPCA, relied on the fact that a horse, once in RSPCA care, had a significantly improved condition in comparison to that described as 'emaciated' while in the respondent's care. The respondent claimed that the horse's condition fluctuated depending on the presence of mares in heat during summer and that she had tried several changes to the feed to counter a loss in weight. On appeal, the appellate judge did not disturb the trial judge's finding and confirmed that the respondent's conduct was reasonable in the circumstances.
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RSPCA v. Stojcevski |
Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps.
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RU - Cruelty - Responsible Treatment of Animals |
The Law on Responsible Treatment of Animals, signed by Vladimir Putin in 2018, prohibits the killing of animals “under any pretext.” The law also outlaws shooting or poisoning stray dogs and cats, which has occurred in Russian cities in recent years according to news sources. Under the law, owners must keep their pets in proper conditions and homeless animals must be taken-up, vaccinated, sterilized, and then released by local agencies. One of the primary purposes of the laws is to ban petting zoos at malls and the practice of bars and restaurants hosting animals. The conducting of animal fights is also banned under the new law. |
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Salzer v. King Kong Zoo |
The Plaintiffs appeal from an order granting dismissal of their complaint for lack of subject matter jurisdiction. In 2014, Plaintiffs filed a civil suit under North Carolina's anti-cruelty "citizen suit" provision, N.C. Gen.Stat. § 19A–1, against King Kong Zoo. Plaintiffs contended that the zoo kept animals in "grossly substandard" conditions. King Kong Zoo is an Animal Welfare Act (“AWA”) licensed exhibitor of wild and domestic animals. The district court granted Defendants' motion to dismiss for lack of subject matter jurisdiction, finding that the applicable law here is the AWA and “N.C. Gen.Stat. § 19A–1 ... has no application to licensed zoo operations.” On appeal, this Court found in a matter of first impression that the AWA does not expressly preempt claims under N.C. Gen.Stat. § 19A. Instead, the AWA "empowers Section 19A to work in conjunction with the AWA." The Court also found no conflict of law that would preclude bringing the action. The matter was reversed and remanded to the Cherokee County District Court for determination consistent with this opinion. |
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Sample Voir Dire Questions -- Horse Neglect Case, Noah's Arc Case |
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Sarah, Keeli, Ivy, Sheba, Darrell, Harper, Emma, Rain, Ulysses, Henry Melvyn Richardson, Stephany Harris, and Klaree Boose, plai |
In this case, plaintiffs are non-human primates and humans interested in their welfare. The primates were formerly part of a research program run at Ohio State University for cognition research (the OSU Chimpanzee Cognition Center). After funding ran out, OSU sold the chimpanzees to Primarily Primates Inc. (“PPI”), who held themselves out to be non-profit that acts a sanctuary for retiring animals. However, plaintiffs allege that the conditions in which the chimpanzees were housed were inadequate and proper care was not provided to the primates (several of the animals died in transit and at the facility). Plaintiffs sued for breach of contract or, in the alternative, a declaratory judgment that would transfer the animals to a new sanctuary because defendants’ actions are unlawful under Texas laws. Plaintiffs also sought a temporary restraining order that would allow a team of independent caretakers and veterinarians to assess the current conditions at PPI and prevent them from accepting any new primates, among other things.
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