Health

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U.S. ex rel. Haight v. Catholic Healthcare West


The plaintiffs, In Defense of Animals and Patricia Haight brought suit against the defendants, Michael Berens, the principal research investigator of the study in question, and the Barrow Neurological Institute, St. Joseph’s Hospital and Medical Center, Catholic Healthcare West Arizona, and Catholic Healthcare West, his employers, under the False Claims Act.  In 1997, defendant Michael Berens, Ph.D., submitted a grant application to the NIH in which he sought federal funding for a project to develop a canine model to study glioma, a form of human brain cancer, and attempted to

create a process for implanting gliomas in the brains of beagles. The plaintiffs brought suit against Dr. Berens under the False Claims Act asserting that he had lied in his grant application in order to obtain NIH funding. The district court granted summary judgment to the defendants, holding that the plaintiffs failed to produce sufficient evidence from which a reasonable jury could find that the challenged grant application statements were objectively false.

 

In response, the plaintiffs filed a notice to appeal 51 days later, relying on a circuit court precedent allowing plaintiffs 60 days to file a notice of appeal in these types of cases.

 

However, an intervening Supreme Court decision declared that plaintiffs have only 30 days to file a notice to appeal in this type of case.

 

This case was amended and superseded by


US ex rel Haight v. Catholic Healthcare West

, 602 F.3d 949 (9th Cir., 2010).




Uganda - Cruelty - Chapter 220 Animal Act
US - Slaughter - Ante Mortem Inspection
US - Slaughter - Prohibition of the Use of Specified Risk Materials for Human Food


The Food Safety and Inspection Service (FSIS) is affirming, with changes, the interim final rule "Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Cattle," which was published in the Federal Register on January 12, 2004. The Agency is also affirming the interim final rule "Prohibition of the Use of Certain Stunning Devices Used to Immobilize Cattle During Slaughter," also published on January 12, 2004. FSIS issued these interim final rules in response to the confirmation on December 23, 2003, of bovine spongiform encephalopathy (BSE) in an imported dairy cow in Washington State. FSIS is taking this action to make permanent interim measures implemented by the Agency to minimize human exposure to cattle materials that could potentially contain the BSE agent.

UT - Agriculture - Title 4 Utah Agriculture Code The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.
UT - Animal Disease Control - R58. Animal Industry. These are the regulations for Utah's Control of Animal Disease Act. The regulation states, "It is the intent of these rules to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within the State of Utah (INTRASTATE) and the importation of animals into the state (INTERSTATE)." Included in the rule are all import requirements for all major livestock species as well as dogs, cats, and ferrets. The rule also covers exotic animals, zoological animals, and wildlife (section 18).
UT - Dog - Consolidated Dog Laws These Utah statutes comprise the state's dog laws. Among the provisions include municipal pound pet sterilization provisions, rabies control laws, hunting laws that impact dogs, and laws concerning injuries caused by dogs.
VA - Cemeteries, Pet - Article 8. Pet Cemeteries This Virginia chapter concerns pet cemeteries. Pet cemetery means land, together with any structures, facilities, or buildings appurtenant thereto provided to members of the public for use or reservation for use for the individual interment, above or below ground, of pet remains. The owner of land used for a pet cemetery must file a declaration in the office of the clerk restricting the land use. Each pet cemetery operation must establish a "perpetual care fund" of at least $12,000 before the first plot is sold in the pet cemetery. Violation of § 57-39.22 relating to the perpetual care fund is a Class 3 misdemeanor.
VA - Dogs - Consolidated Dog Laws These Virginia statutes comprise the state's dog laws. Among the provisions include laws on the sale of dogs, rabies control laws, and sections concerning damage done by dogs.
VA - Licenses - § 3.2-6527. How to obtain license This Virginia statute describes the process under which an individual may obtain a dog or cat license. Generally, it states that any person may obtain a dog license or cat license if required by an ordinance by making oral or written application to the treasurer of the county or city in which such person resides, accompanied by the amount of license tax and current certificate of vaccination as required by this article.

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