Similar to bans on citizen lawsuit based on alleged violations of the Federal Animal Welfare Act (see, e.g., Animal Legal Def. Fund, Inc. v. Espy, 23 F.3d 496 (D.C. Cir. 1994); Peninsula Humane Soc’y v. Walters, No. C 84-2010 SAW (N.D. Cal. Feb. 5, 1985) courts have dismissed lawsuits filed by
When is a landlord liable for tenant’s dangerous dog (in North Carolina)
A recently decided case in North Carolina provides some guidance to landlords regarding their potential liability to a third party harmed by the pet of a tenant. (Note- I refer you to an attorney in one of our N.C. offices for consultation in a specific case).
In Curlee by & through Becerra v. Johnson,
Pet Store Sourcing Bans Do Nothing to Help Dogs or People Searching for Life-long Pets
The plethora of laws banning or limiting sales of dogs from pet stores to families seeking a dog for long term companionship, purportedly passed to shutter puppy mills, have done nothing to improve the lives of dogs bred and sold by substandard dog breeders, because they were never the source of pet store puppies to
The Mantra of Animal Rights Activists: IF AT FIRST YOU DON’T SUCCEED, TRY, TRY AGAIN
Despite having failed to establish next friends standing in Naruto v. Slater, 2018 WL 1902414 (9th Cir. April 23, 2018), PETA recently filed another case based on next friends standing for alleged animal plaintiffs, 30 barn owls housed at John Hopkins University. It was entirely predictable that PETA and other animal rights organizations would
Oregon’s “Animal Cruelty” Initiative-Colorado’s Anti-Agriculture Initiative on Steroids
As previously discussed, a Colorado ballot initiative, if sufficient valid signatures are collected, would effectively ban animal agriculture from the State of Colorado if passed. Hard to imagine an initiative that might surpass that, but Oregon’s proposed initiative, “Abuse, Neglect, and Assault Exemption Modification and Improvement Act,” would do just that.
The alleged Findings
What is “Chicken”? – More on Colorado’s Proposed Referendum on Animal Agriculture
As previously discussed in “Colorado Poised to Eliminate Animal Agriculture” this proposed referendum, while clearly intended to eliminate all animal agriculture and related industries in Colorado, is fraught with ambiguities.
Take, for example, the definition of the lifespan of a “chicken” purportedly living for eight years.
Attorneys will recall the basis of a
Colorado Poised to Eliminate Animal Agriculture
A referendum that would eliminate animal agriculture in Colorado has passed the initial challenges and has been approved for the collection of citizen signatures.
Colorado State Ballot Initiative titled “Protect Animals from Unnecessary Suffering and Exploitation” would amend the State criminal animal cruelty statute to:
- define “’Natural Lifespan’ for the following species .
Victory – Federal Judge Awards $740,000 in Livestock Lawsuit
In a case arising out of a series of cattle sales gone wrong, Fox Rothschild attorneys John Haggerty, Jim Clark and Jeremy Lacks recently obtained a summary judgment award of more than $740,000 for two central Pennsylvania cattle farms.
From December 2016 to July 2017, our clients, Nicholas Farms and Hottle Livestock, sold hundreds of
New Jersey Senate Bill No. 3402 would prohibit veterinarians from euthanasia of animals suffering fatal disease or injuries for seven days.
A clearly misguided bill, S3402, was recently introduced in the New Jersey Senate that would prohibit veterinarians from euthanasia of animals suffering fatal disease or injuries for seven days if a cat or dog, having been seized by a law enforcement officer, places that animal in the care of a licensed veterinarian. Specifically the
ALERT TO AWA LICENSEES AND REGISTRANTS
For those who do not receive notifications directly from USDA APHIS, please note that the agency has just announced that it has removed its Self-Reporting Incentive Program, included in the Animal Welfare Act Inspection Guide and published in Tech Note titled, “Incentives for Identifying, Reporting, Correcting, and Preventing Noncompliance with the Animal Welfare Act.”
The