United States

Krzywicki v. Galletti

Summary: Appellant commenced an action against defendant boyfriend, the owner of the dog that bit her, and his business, which she held was strictly liable for the injuries she suffered, where the attack occurred. The claims against defendant boyfriend were dismissed with prejudice. A jury verdict, however, found that although the business was a “harborer” of the dog, appellant was barred from recovery because she was a “keeper of the dog in that she had physical care or charge of dog, temporary or otherwise, at the time of the incident.” Appellant appealed, raising seven assignments of error for review. In addressing appellant’s claims, the Ohio Court of Appeals held that the status of an individual as an owner, keeper or harborer was relevant when deciding if an individual was barred from availing him or herself of the protections afforded by liability statutes. The court of appeals also ruled that the trial court properly gave the jury instruction and that the jury’s verdict was not “defective.” Further the court held that the testimony established at trial demonstrated that appellant had a significant relationship with the dog and that there was competent and credible evidence presented at trial to support the business’s position that appellant exercised some degree of management, possession, care custody or control over the dog. The judgment of the lower court was therefore affirmed with Judge Kathleen Ann Keough concurring and Judge Melody Stewart concurring in judgment only.

Indiana Dept. of Natural Resources v. Whitetail Bluff, LLC

Summary: Appellee established a business that allowed for "high fence" hunting, which refers to hunting wild animals on property that is enclosed by a fence, of privately-owned whitetail deer. The pivotal question in this appeals case was whether the Indiana Department of Natural Resources (IDNR) was correct in asserting that the current statutory scheme prohibited this practice, and therefore allowed the agency to promulgate rules effectuating that prohibition. The Indiana Court of Appeals held that IDNR did not have the power to regulate fish and wildlife that were legally owned or held in captivity under a license. The IDNR therefore went beyond its express powers conferred upon it by the General Assembly when it promulgated rules that prohibited "high fence" hunting. The lower court's grant of summary judgment to the appellee was affirmed.

Levine v. National Railroad Passenger Corporation

Summary: This action arose from plaintiff’s experience of bringing her service dog on Amtrak trains. Plaintiff brought claims on her own behalf and on behalf of a putative class of other disabled passengers against Amtrak pursuant to the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the District of Columbia Human Rights Act. Each claim related to Amtrak′s alleged practice of storing luggage in its train's “mobility aid” seating areas. Amtrak argued, amongst other things, that plaintiff lacked Article III Constitutional Standing because she had not suffered an injury in fact. The district court agreed and granted Amtrak′s motion to dismiss. The case was dismissed in its entirety.

Food & Water Watch, Inc. v. Vilsack

Summary: The U.S. District Court for the District of Columbia dismissed a lawsuit by plaintiffs against U.S. Secretary of Agriculture Tom Vilsack that challenged the United States Department of Agriculture’s New Poultry Inspection System (NPIS) promulgated under the US Poultry Products Inspection Act (PPIA). The court held that plaintiff’s failed to state an injury-in-fact that was traceable to the actions of the defendants for which relief could be granted. Under NPIS, far fewer federal inspectors would be stationed along slaughter lines, and the employees themselves could conduct a preliminary screening of the carcasses before presenting the poultry to a federal inspector for a visual-only inspection. Plaintiffs contended that the revised processing procedures were inconsistent with the PPIA and would ultimately result in the production of unsafe poultry products. They sought a preliminary and permanent injunction by the court to prevent the USDA and the USDA′s Food Safety and Inspection Service from implementing NPIS.