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June/1/2013

Animal Law Update

Article By:
Jonathan G. Schopf, Co-Chair, The Vincelette Law Firm
Co-Chair of the Committee on Animals and the Law
Albany County Bar Association
jgs@vincelettelaw.com
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(From the June 2013 Newsletter)  The Court of Appeals sets a new negligence standard in domestic (farm) animal liability cases:  In a precedent setting May 2, 2013 decision the Court of Appeals has set a new negligence standard for personal injury accidents involving farm animals.

(From the February 2013 Newsletter)
NATIONAL UPDATES: $9.3 Million paid by animal welfare organization to settle RICO suit - Cats and Interstate Commerce: NEW YORK STATE UPDATES Strict Liability:Beaver dam is not a private nuisance; ODD AND UNUSUAL UPDATES - Germany bans sex with animals - Store owner did not have proper license to capture a wild animal for New Year’s Eve “Opossum Drop”

(From the October 2012 Newsletter) 2nd Circuit affirms dismissal in §1983 action involving an animal hording case - Fabrikant v. French, 10-3288-cv, August 16, 2012:  Maryland Court of Appeals reconsiders decision which decided that owners of “pit bull” breed dogs are strictly liable for their dogs’ actions based solely on breed - Tracey v. Solesky, Maryland Court of Appeals, No. 53,August 21, 2012:  No emotional distress damages in New Jersey dog death case - Joyce McDougall v. Charlot Lamm (A-99-10) (067436):  New Protection Laws passed in July in New York: Massachusetts overhauls animal control laws: Oregon court rules that animals can be crime victims

(From the Summer 2012 Newsletter)
Federal Court rules that circus owner can sue animal rights groups for racketeering:   Feld Entertainment, Inc. v. American Society for the Prevention of Cruelty to Animals, et. al., Civil Action No. 07-1532, Document No. 90.
California Foie Gras Ban takes effect on July 1, 2012, litigation ensues.
Latest Third Department vicious propensity case
: Reil v. Chittenden, et. al. (513852).
Senate closes animal fighting “loophole”.
Wrong on so many levels.
“Pit Bull” breeds no longer inherently vicious in Ohio.
“Dangerous Dogs” or “Dangerous Parents?”

(From the June 2012 Newsletter) Maryland Court of Appeals finds that owners of “pit bull” breed dogs are strictly liable dogs actions based solely on breed; To neuticle or not; Bill proposed to establish a Central Registry for Pet Abuse in New York State; Large Plaintiff’s award for dog death in Colorado  Lohre v. Posh Maids

(From the May 2012 Newsletter)  The Third Department sets a new negligence standard, almost:  Hastings v. Sauve, Case No.: 512407 (Kavanagh, J.) The cases of Colarusso v Dunne, 286 AD2d 37 (2nd Dep’t 2001), Diamond-Fisher v Greto, 276 AD2d 413 (1st Dep’t 2000) and Schwartz v. Armand Erpf Estate, 255 AD2d 35 (1st Dep’t 1999)

(From the March 2012 Newsletter)  NYS Case Updates: Thurber v. Apmann, 2012 Slip. Op. 453 was handed down on January 26, 2012 by our Third Department; Soloman v. Taylor, 2012 Slip. Op. 512954 was handed down on January 19, 2011 by the Third Department; including Paws Unlimited Foundation, Inc. v. Maloney, 2012 Slip. Op. 512877
Injunction issued in federal court for breed specific denial of service dog accommodations. The case is Sak v. City of Aurelia, et. al 2011 WL 6826146 (N.D. Iowa, Dec. 28, 2011) Tilikum, Katina, Corky, Kasatka and Ulises v. Sea World Parks, et. al., (S.D. California, February 8, 2012)
Does the Thirteenth Amendment apply to whales? Slaughter-House Cases,   83 US 36 (1872);  Griswold v. Connecticut, 381 US 479 (1965); Brown v. Board of Education, 347 US 483 (1954);  United States v. Virginia, 518 US 515 1996); Miranda v. Arizona, 384 US 436 (1966); Citing Cetacean Community v. Bush, 386 F.3d 1169 (9th Cir. 2004)

(From the February 2012 Newsletter)  Legislation proposed to enhance "Dangerous Dog" ownership to a felony

(From the January 2012 Newsletter) Albany County Creates Animal Abuser Registry ; Lawsuit Filed Over Deaths of 14 Bomb Detection Dogs Who Were to be Deployed to Support Military Operations in the Middle East ;
Case Updates:
Smith v. Reilly, 17 NY3d 895 (2011) : Walash v. Kilgour, 2011 WL 4346793 (NY Sup.) ; Gebbia v. Schulder, 2011 WL 4424731 (NY Sup. App. Term) ; Rotunda v. Haynes, 2011 WL 4949694 (NY Sup. App. Term)

(From the October 2011 Newsletter) Legislative Update;  NYC to consider Trap-Neuter-Return program

(From the September 2011 Newsletter)  City of Rensselaer to consider backyard chicken law; Stiffer penalties enacted for animal fighting; Vicious propensities (again): Gordon v. Davidson, Slip Op. 510896 (3rd Dep’t 8/4/11); “Noodling” bill proposed in Texas

(From the Summer 2011 Issue) Vicious propensities (Barone v. Phillips; Smith v. Reilly, Collier v. Zambito, Rockwood v. LaBate, Krieger v. Cogar, Bard v. Jahnke) Insurance Coverage Denied for Dog-Bite Incident (Zimmerman v. Peerless Insurance Company) NY's Div. of Centeteries Now Projhibits Pet Cemeteries brom burying Ashes of Owners; Animal Advocacy Day.

(From the May 2011 Newsletter)  Animal Law Coalition of Rensselaer County abolished; Reversal in Landlord negligence case based upon lack of awareness of dangerous propensities;  More backyard Chickens; Agriculture and Market Law Changes

(From the March 2011 Newsletter) VBuster's Law Statistics; Reveral in horse negligence case and an affirmance in a dog bite case; NY Town set to repeal worm digging law; Animal residents' feathers ruffled over backyard chickwen ban; green island, Goning Green?

(From the january 2011 Newsletter)  President Obama signs Animal Crush Video Prohibibition Act into law; Albany Judge rules in favor of disclosure of State documents related to animal research; Anti-puppy Mill Legislation Passed

(From the September 2010 Newsletter)
(From the 2010 Summer Newsletter)
(From the June 2010 Newsletter)






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