Disaster preparation in IllinoisBy David H. HopkinsAnimal Law, November 2014Disaster preparedness should include advance plans for evacuation or rescue of pets. In 2010, the American Bar Association approved a Model Act Governing Standards for the Care and Disposition of Disaster Animals. But there are significant issues to be addressed before the Model Act is adopted in Illinois.
No strict liability under the Illinois Animal Control ActBy Jason G. SchutteTort Law, March 2014In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
The Obama Administration opposes breed discriminatory legislationBy Ledy VanKavageAnimal Law, October 2013President Obama’s Administration put out a very clear statement in opposition to breed discriminatory legislation in their response to a petition on the White House’s “We The People” website
The Section Council’s focus on “mean seeds”By David H. HopkinsAnimal Law, October 2013The Animal Law Section Council resolved in June to explore with appropriate Illinois officials the ultimate question presented by a recent study: Should the “mean seeds” species be banned from future Conservation Reserve Progarm plantings in Illinois?
Governor Quinn signs anti-tethering lawBy Melissa Anne MayeAnimal Law, August 2013In July of 2013, Governor Quinn signed new legislation amending the Humane Care for Animals Act by adding section 3.035 Tethering (510 ILCS 70/3.035).
Independent panel finds bureaucratic mismanagement of wild horse herds continuesBy Melissa Anne MayeAnimal Law, August 2013A 14-member independent panel assembled by the National Science Academy’s National Research Council at the request of the Bureau of Land Management concluded that the BLM’s removal of nearly 100,000 horses from the Western range over the past decade is probably having the opposite effect of its intention to ease ecological damage and reduce overpopulated horse herds.
No strict liability under the Illinois Animal Control ActBy Jason G. SchutteAnimal Law, August 2013In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
No strict liability under the Illinois Animal Control ActBy Jason G. SchutteCivil Practice and Procedure, August 2013In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Pet Lemon LawBy Angela PetersAnimal Law, August 2013This new law provides consumer protections when purchasing cats and dogs from a pet store. It helps to ensure pet owners are provided with healthy pets upon purchase. If a licensed veterinarian determines an animal ‘unfit’ within 21 days of purchase, a buyer would have the option to get a replacement pet, a full refund on the animal, or be reimbursed by the pet store for veterinary fees.
Constitutional claims and criminal charges—How to evaluate cases when police shoot dogsBy Ledy VanKavage & Anna E. Morrison-RicordatiAnimal Law, April 2013While dog-shooting cases have come a long way from early decisions requiring courts to determine that a non-fatal shooting amounted to an improper seizure, the cases are almost always met with the same defenses.
Florida v. Harris & proof of the reliability of the drug-detection canineBy Rob ShumakerAnimal Law, April 2013This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.
Recent case law summaryBy Melissa Anne MayeAnimal Law, April 2013Recent cases of interest to animal law practitioners.
The proposed changes to the Animal Welfare Act do not solve the so-called “puppy mill” problemBy Laura McFarland-TaylorAnimal Law, January 2013This article serves as a counterpoint argument to the benefits of the proposed federal rule designed to address puppy mill problems expressed in “The point-and-click puppy mill problem", supra. Both articles, when read together, express the pros and cons of expanded federal regulation in this area.
Beloved pets—The oft-overlooked legal quagmireBy Jennifer A. ShawAnimal Law, October 2012As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
The point-and-click puppy problem—a proposed federal rule would address online puppy millsBy Page PardoAnimal Law, October 2012In Part 1 of a two-part series, the author investigates the USDA's Animal and Plant Health Inspection Service's proposed revisions to the definition of “retail pet store” in the federal regulations, which would close the loopholes that currently exempt "retail pet stores" from the basic animal welfare standards and requirements of the Animal Welfare Act.
Beloved pets—The oft-overlooked legal quagmireBy Jennifer A. ShawFamily Law, September 2012As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
