United States

Summary: Plaintiff brought this lawsuit against several defendants for adopting his service animal out to new owners while he was hospitalized. The court dismissed several claims, including those against the hospital defendants, and determined that the Clark County Animal Ordinance governed the hold of the dog. Plaintiff argues that the court misapplied the law, overlooked facts, and that there was new evidence. The court claimed that the animal ordinance applied because the dog was impounded under the vehicle confinement provision, as the dog was found while she was contained in plaintiff's car. Plaintiff argues that the dog was left in the car with the air conditioning on, that the dog had not been left in the car unattended for more than 15-17 minutes, and that hospital staff were supervising the car while the dog was in it. Therefore, the dog was not in danger enough to trigger the vehicle containment provision of the animal ordinance. However, the court found that there was no error in applying the animal ordinance, since plaintiff would be checking into the hospital for an unforeseen amount of time.

Summary: Plaintiff filed this suit in small claims court seeking damages for the destruction of his three dogs, that were mauled to death by dogs owned by defendant over a period of 15 years. The trial court entered judgment in favor of plaintiff and awarded him $5,000. Defendant appealed to request that the court of appeals amend the trial court's award of damages to a lesser amount of $500. The court found that, although plaintiff was able to show that he suffered damages at the result of defendant's dogs killing his dogs, the value of the dogs was still unclear. Therefore, the court reversed and remanded for a new trial solely to discern the issue of the value of the dogs.

Summary: Plaintiff and defendant were a non-married couple that shared ownership of a miniature dauschund. Defendant asked for the dog, but plaintiff repeatedly declined. Eventually, Plaintiff gave in and purchased the dog for defendant. The parties shared ownership, expenses, and labor involved in caring for the dog. Eventually, the parties broke up, and began a shared-custody arrangement for the dog. However, the relationship between the parties further soured, and defendant kept the dog in her possession. Plaintiff filed suit for sole possession of the dog. The trial court found that the dog was a gift from plaintiff to defendant in contemplation of the relationship, and awarded possession to plaintiff. On appeal, the court found that there was no basis to assume that the dog was a gift given in anticipation of marriage. Therefore, defendant had no basis to pursue recovery of the dog.

Summary: Plaintiffs are a collection of businesses that distribute and sell products made from alligator and crocodile parts. They brought this suit to enjoin the provisions of a California law that would criminalize the sale and possession of alligator and crocodile parts in California. They argue that these laws would cause them to lose sales, lead to inventory liquidation, and cause job loss. The court found that the injury plaintiff were alleging was economic in nature, and that they would be likely to suffer an irreparable injury by the California law. Plaintiffs also argue that the California law is expressly preempted by the Endangered Species Act (ESA), and that trade in these species is authorized by an exemption under the regulatory "special rules" of the ESA. The court found that these exceptions applied to plaintiff's trade and possession of the animal parts, granted the injunction to enjoin California from enforcing the laws until final disposition of the case.

Summary: This case was filed by the previous owner (plaintiff) of an Abyssinian cat named Murchik, who was seeking to recover possession of the cat. Plaintiff took care of the cat for several years, but eventually lost their job and their housing, and needed to give the cat to a friend (defendant) who agreed to house the cat while plaintiff was living in a shelter. Plaintiff and defendant eventually disagreed over who was the rightful owner of the cat, with plaintiff insisting that defendant was temporarily watching the cat and defendant insisting that they were the rightful owner of the cat. Plaintiff filed this case to repossess the cat. The court considered that New York law traditionally treated companion animals as personal property, and the party with the superior possessory right to the animal would be awarded the animal. However, the court was moving towards a "best for all concerned" standard, which would consider factors such as why each party would benefit from possession of the pet, and under whose possession the cat would have a better chance of thriving. The court found that plaintiff had the superior possessory right in the cat, since plaintiff was the original purchaser of the cat and there was no evidence that plaintiff intended to give the cat to defendant permanently. The court then looked to the other factors, and found that since plaintiff's living situation had stabilized, both parties were equally capable of ensuring the cat would thrive in their care. However, since plaintiff had cared for the cat for over five years, and defendant had cared for the cat for under a year, plaintiff had a slight advantage in showing they could care for the cat. Therefore, the court awarded possession of the cat to plaintiff.

Summary: This 2023 Delaware law states that a paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog's injury. They may also transport the police dog to a designated veterinary facility and provide emergency medical services to the police dog during transport to the facility, if the paramedic or EMS provider deem it necessary for the police dog's survival.

Summary: This case was brought by a group of pork producers and farmers to challenge the Massachusetts' Prevention of Farm Animal Cruelty Act on the grounds that it violates the dormant Commerce Clause by improperly regulating interstate commerce. The Act would require pork producers to phase out certain means of pig confinement in order to sell pork products in Massachusetts. In response, the state filed a motion to dismiss arguing that there is no causally connected harm to the pork producers, which the court denied. The court first evaluated the slaughterhouse exemption, which exempts sales from the requirement that they must take place within Massachusetts if the buyer takes physical possession of the pork while on the premises of an establishment inspected under the Federal Meat Inspection Act. Plaintiff argued that as an out-of-state pork processor, it could not take advantage of this exemption, even though it operates entirely federally inspected facilities, because it ships its product into Massachusetts from out-of-state and, its buyers do not take physical possession of its product while at its facilities. The court found that this exemption has a discriminatory effect, and vacated the order in part to allow the court to consider whether the Act with the slaughterhouse exemption severed is preempted by the Federal Meat Inspection Act.

Summary: This case concerns the Utah Anti-discrimination and Labor Division's (UALD) determination that a homeowner's association's three-month delay in responding to a member's request for reasonable accommodation to keep chickens on their property as assistance animals for a child with anxiety and PTSD violated the Utah Fair Housing Act. The trial court found that this three month delay was a constructive denial of the request, because under the Utah Fair Housing Act a housing provider must participate in an interactive process to evaluate and discuss the request for accommodation, and no such interactive dialogue or interactive process took place. On appeal, the court found that the three month delay in responding to the request was not unreasonably long, especially considering that the HOA had to review the status of chickens as support animals, chicken waste runoff, and possibility of rodent complaints during this time. The court of appeals also found that the members were not harmed by the HOA's alleged delay, since they were still allowed to keep the chickens at this time. The court of appeals then reversed the trial court's holding granting the members damages, fees, and other relief.

Summary: This case is an appeal following the defendant's conviction of animal abuse and assault in the fourth degree. Defendant claimed that the trial court erred in convicting him of animal abuse due to insufficient evidence showing that he purposely caused suffering to the dog he allegedly abused. The event that led to defendant's conviction was witnessed by a neighbor, who saw the defendant in his backyard swinging a small dog through the air by its leash and collar. The neighbor also saw defendant climb on top of the dog to choke it and slam its head into the ground. The neighbor testified at trial about these events, and the trial court found defendant guilty of animal abuse and assault in the fourth degree. The court of appeals held that there was sufficient evidence, consisting of the neighbor's testimony, and affirmed the judgment of the trial court.

Summary: This law was amended in 2023 to prohibit homeowner insurance discrimination based on the breed of dog. The law states that, with respect to homeowner's insurance policies and renter's insurance policies issued, renewed, modified, altered, or amended on or after the effective date this act, no insurer shall refuse to issue or renew, cancel, charge or impose an increased premium or rate for a policy or contract, or exclude, limit, restrict, or reduce coverage under a policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds.