Farmers have freed more than 80 million hens from especially cruel and cramped lives in one of the most significant changes to animal welfare legislation in decades: the end of battery cages. But while almost all British egg producers will be compliant with the new European Union-wide law - which will ban the keeping of egg-laying hens in barren battery cages from this Sunday - many European countries will continue to keep battery hens.
Read more in the New Zealand Herald...
Out of the spotlight for years, the gut-wrenching debate over slaughtering horses for human consumption is moving back to center stage.
Last month, what was effectively a ban on operating a company engaged in that practice was lifted. But Congress already is crafting a bill, called the American Horse Slaughter Prevention Act of 2011, that would outlaw the practice again.
Once again, absolutely nothing to do with law whatsoever... but this video from www.lifewithdogs.tv sure is cute...
Even the National Institutes of Health may finally... if not somewhat grudgingly... be coming around to the view that it is not necessary to chimpanzees in research. 
A new study shows that rats actually are empathetic and will altruistically lend a helping paw to a cage mate who is stuck in a trap.
A thoughtful editorial by Nobel prize-winning author J.M. Coetzee (probably known to readers of this blog for his book "The Lives of Animals", although that is not specifically the work for which he received the prize) today (or guess yesterday by now, in Australia). 
Forty years after hunters lassoed a young killer whale off Whidbey Island and sold it to a Florida theme park, whale advocates are turning to an unusual tactic to try to force the orca's release: the Endangered Species Act. In a move legal experts said could have significant implications for other zoos and aquariums, animal-rights activists recently sued the federal government, arguing that the law may require Lolita, the killer whale who still performs at the Miami Seaquarium, be reunited with pod members in the Northwest because Puget Sound's southern resident orcas were listed as endangered in 2005.
Read more in The Seattle Times...
Horses could soon be butchered in the U.S. for human consumption after Congress quietly lifted a 5-year-old ban on funding horse meat inspections, and activists say slaughterhouses could be up and running in as little as a month.The fine paid by Feld Entertainment Inc. is the biggest ever assessed against an animal exhibitor, the USDA said today in an e-mailed statement. Vienna, Virginia-based Feld said in a statement that it didn’t admit any wrongdoing or violations.
Read more in Bloomberg Newsweek...
Lewis & Clark Law School professor Pamela Frasch doesn’t think her views are radical, and maybe they aren’t, anymore. It’s hard to pick up a newspaper these days without finding at least one story having to do with animal welfare. An exotic animal collector in Ohio lets loose lions and tigers, forcing police to hunt them down and kill them. Sea lions are shot and captured in order to save the salmon they eat. Animal rights protests at circuses, cat hoarders taken to jail, wolves both protected and hunted — signs are everywhere that the relationship between people and animals is shifting.
Read more in the Portland Tribune about the first law school to offer an advanced degree in animal law...
I found out this afternoon that the husband of one of my dearest friends was killed in an auto crash in Birmingham, Alabama Tuesday. Apparently a pick-up truck crossed the median and hit their car head-on; Stan was driving and died despite wearing a seat belt. Angi was hospitalized, either injured or critically injured, depending upon which story you read. At least this International Business Times article lists what hospital she is in. I had left a bunch of emails and phone messages down to mutual friends and former colleagues in Atlanta earlier this afternoon but (probably due to the holiday) hadn't heard back from anyone yet.
Two more Minnesota grocery chains have pulled Sparboe eggs off their shelves. (Since when did taking a public position on animal cruelty get to be so trendy in the food biz? Eh, who cares... just enjoy the fallout...)
Target has joined Oak Brook-based McDonald's in ditching a Midwestern egg supplier after undercover video showed employees abusing hens."McDonald's expects all of our suppliers to meet our stringent requirements for delivering high quality food prepared in a humane and responsible manner."
..
Texas Lawyer
11-14-2011
In a decision sure to make canine lovers rejoice and veterinarians cringe, Fort Worth's 2nd Court of Appeals has ruled that value can be attached to the love of a dog, overruling a 120-year-old case in which the Texas Supreme Court held that plaintiffs can only recover for the market value of their pets.
On Nov. 3, the 2nd Court ruled in Kathryn and Jeremy Medlen v. Carla Strickland that dog owners can recover damages from a defendant based on the "sentimental value" related to the loss of their pet — a decision the defendant's lawyer argues could create new causes of action against vets.
According to the 2nd Court's opinion, the allegations in Medlen are as follows: In 2009, Kathryn and Jeremy Medlen's dog Avery escaped from their backyard and was picked up by animal control. Jeremy went to the animal shelter but did not have enough money to pay the fees. He was told he could return the next day, and a "hold for owner" tag was placed on Avery's cage, notifying the shelter employees that Avery was not to be euthanized.
Despite the "hold for owner" tag, Avery was put down the next day. When the Medlens returned to the shelter to pick up Avery, they learned what had happened.
The Medlens sued Carla Strickland, an employee at the shelter, alleging her negligence proximately caused Avery's death. They sued for "sentimental or intrinsic" damages because Avery had little or no market value and was irreplaceable.
Strickland objected to the Medlens' claims for damages on the ground that such damages are not recoverable for the death of a dog. The trial court dismissed the Medlens' suit for failure to state a claim for damages recognized by law — a ruling the Medlens appealed to the 2nd Court.
In its Nov. 3 decision, the 2nd Court took aim at the Texas Supreme Court's 1891 decision in Heiligmann v. Rose . Heiligmann involved a plaintiff who successfully sued a defendant after his dog was poisoned. In that case the high court ruled that a damage award for the loss of a canine may be determined by "either a market value, if the dog has any, or some special or pecuniary value to the owner, that may be ascertained by reference to usefulness and services of the dogs, and that they were of special value to the owner."
The 2nd Court pointed out that the Supreme Court has not addressed the value of a lost pet in the 120 years since it issued Heiligmann but has written several opinions in modern times that have "explicitly held that where personal property has little or no market value, and its main value is in sentiment, damages may be awarded based on this intrinsic or sentimental value."
"Because of the special position pets hold in their family, we see no reason why existing law should not be interpreted to allow recovery in the loss of a pet at least to the same extent as other personal property," wrote Justice Lee Gabriel in an opinion joined by justices Sue Walker and Bill Meier. [See the court's opinion in Medlen.]
"Dogs are unconditionally devoted to their owners. Today, we interpret timeworn supreme court law in light of subsequent supreme court law to acknowledge that the special value of 'man's best friend' should be protected," Gabriel wrote. "Because an owner may be awarded damages based on the sentimental value of lost personal property, and because dogs are personal property, the trial court erred in dismissing the Medlens' action against Strickland." The 2nd Court reversed the trial court and remanded the case.
Medlen is a huge victory for Randy Turner, a partner in Hurst's Turner & McKenzie and a dog lover who represents the Medlens pro bono. "I've said before I die or retire, I'm going to get this law changed," Turner says.
"I quote a study [in briefs] that says more than 50 percent of Americans would risk their lives to save their dog. And that's just a fact. And I'm one of those people," Turner says. "After Hurricane Katrina, people wouldn't leave because they wouldn't leave their dogs or cats. I defy you to find a piece of personal property that people value more than their pets. It can't be done."
The loss of Avery was especially hard on the Medlens, Turner says. They had raised the 80-pound brindle-coated dog since he was a puppy, he says. The dog was part of their family and even went on family vacations, Turner adds. Jeremy Medlen had his two children with him at the shelter when they learned Avery had been euthanized, Turner says.
"They are so devastated they have not gotten another dog. They are still grieving," Turner says of the Medlens.
Paul Boudloche, a partner in Fort Worth's Mason & Boudloche who represents Strickland, says he plans to file a motion with the 2nd Court seeking an en banc rehearing in Medlen .
"Our position is the law has been settled for 120 years not only by the Supreme Court but by the court of appeals. And the decision by the 2nd Court took us totally by surprise," Boudloche says.
"I think it's going to have a significant impact on the private sector, particularly veterinarians, kennel owners, even individuals who take care of their neighbors' pets. I mean, for example, on veterinarians, things which would be routine care for a pet, now they have to practice much more defensive medicine," Boudloche says. "[T]he value of a dog has changed in the eye of the law. So, if mistakes happen, the exposure for everybody is much greater."
Boudloche says the Texas Veterinary Medical Association already has contacted him about Medlen . Association spokeswoman Ashley Bustamante did not return a telephone call seeking comment.
Yet Boudloche says he and his client understand and sympathize with the emotional price of losing a dog.
"I fully understand," Boudloche says. "I'm a dog lover. I've had a number of dogs and I've grieved every time one of them passed away. And my client was devastated that she may have had something do with this dog's death."
Though much of the argument was a semantic tangle, there was at least one moment of clarity, when Justice Antonin Scalia reviewed the broader rules about which species may be slaughtered for food. “Lassie and Kitty are no good,” he said, “but Dobbin is all right.”Sad.
Bullhooks. Whippings. Electric shocks. Three-day train rides without breaks.
A federal court is being asked to grant constitutional rights to five killer whales who perform at marine parks — an unprecedented and perhaps quixotic legal action that is nonetheless likely to stoke an ongoing, intense debate at America's law schools over expansion of animal rights. People for the Ethical Treatment of Animals is accusing the SeaWorld parks of keeping five star-performer whales in conditions that violate the 13th Amendment ban on slavery. SeaWorld depicted the suit as baseless.
The chances of the suit succeeding are slim, according to legal experts not involved in the case, but ...as the Associated Press reports... PETA relishes engaging in the court of public opinion...
No, not literally of course. Just a couple of stories about police dogs in the news today:
And in Cartersville, Georgia: Social media and a bit of K9 karma helped reunite a police dog with his human partner. 
One Irish journalist recently had a close encounter with some seal pups while out on a documentary assignment to Antartica.
More than 500 dogs were removed from the Paws “R” Us kennel in Clarendon Township, about 90 minutes northwest of Ottawa, during the weekend seizure...
...the Ottawa Citizen has the story...
An American Bulldog/Lab mix by the name of Lennox has been locked up for more than a year now.... while his family and other supporters battle the local government over some rather vague language in the local breed specific legislation banning "pit bull types". You can learn more about his story and the struggle over BSL - which appears not to work any better in Ireland than it's been shown not to work in the U.S. - at www.savelennox.co.uk. There was also a fairly recent blog post on Change.org.
The Chicago Tribune reports that Diane Eldrup is facing the possibility of not only prison - but deportation - after she was (finally) found guilty last week of allowing dozens of animals supposedly in her care to die instead at her Muddy Paws pet rescue.
Chicago tried this briefly a few years back; I hope California has more success. Bloomberg Businessweek reports...
Some very bittersweet (assuming it doesn't turn out to be faked) video circulating the internet of rescued research chimpanzees in Germany. 
In a move backers say will greatly reduce the $300-million-per-year California taxpayers pay for housing and euthanizing stray animals, the state Assembly has passed the nation’s first mandatory microchipping-of-pets bill.
Thomas Russell III describes watching a police officer shoot his canine “best friend” two years ago as “the scariest thing I ever saw.”
On Thursday, a U.S. District Court jury decided Russell, 20, and his family deserved to be compensated for the Feb. 27, 2009, police search of the family’s South Side home during which “Lady,” the family’s black Labrador, was shot dead. The jury awarded the family about $300,000.
Read more in the Chicago Sun-Times...
(Note: this story doesn't say whether any of the damages were for the actual value of the dog herself, as opposed to the NIED claim for the person. Nonetheless, even an NIED recovery where the underlying harm was injury to an animal is (I believe) the first time that's happened in an Illinois case. Congrats to the plaintiff's attorney(s), and if anyone knows who they are, please let me know!)
A runaway cow has captivated the attention of the media, police authorities, hunters, animal rights activists and even the Hindu community.
Two groups that are usually squawking at each other — egg farmers and animal welfare advocates — announced an unusual agreement on Thursday to work together to seek a federal law that would require larger cages and other improved conditions for the nation’s 280 million laying hens.The city of San Francisco takes its name from St. Francis of Assisi, the patron saint of animals. Francis has been an effective advocate lately, because the municipal Commission of Animal Control and Welfare has proposed a new law to ban almost all pet sales within city limits.
Read more in this Chicago Sun-Times/National Review article...
The story of how same-sex marriage became legal in New York is about shifting public sentiment and individual lawmakers moved by emotional appeals from gay couples who wish to be wed. But, behind the scenes, it was really about a Republican Party reckoning with a profoundly changing power dynamic, where Wall Street donors and gay-rights advocates demonstrated more might and muscle than a Roman Catholic hierarchy and an ineffective opposition.
And it was about a Democratic governor, himself a Catholic, who used the force of his personality and relentlessly strategic mind to persuade conflicted lawmakers to take a historic leap.
Read more about this historic leap in The New York Times...
An actual bipartisan effort in the Senate this week... as two senators join forces to introduce the "Against Horse Slaughter Prevention Act of 2011."
Two animal rights groups are asking Dane County District Attorney Ismael Ozanne to investigate whether UW-Madison researchers broke the law by conducting lab experiments in which mice fight.
is sticking with her story. She apologized this afternoon if she "stepped on" any of Mitt Romney's publicity the other day as the Palin mobile rolled into a nearby New Hampshire town (he was only announcing his candidacy - what a coincidence!), but she is adamant that she knows her U.S. history... even if none of the history books seem to know it the same way...
A special prosecutor has declined to bring charges against nine UW-Madison researchers and officials responsible for experiments in which sheep died of decompression sickness.
guidelines have been issued by the St. Louis City Commissioner of Health which they say will put a stop to the abusive practice of using truck, tractor or hardware chains to restrain animals. Read more at CBS St. Louis...
e state assemblyman has introduced The Companion Animal Access and Rescue Act (CAARA) to create protections for homeless pets and end the so-called "convenience" killings (euthanizing animals when there are empty cages). It will also make it illegal to kill animals if rescue groups are willing to save them. Find out more at the Examiner.com...
Nice little weekend feature on one couple as Illinois joins the growing ranks of states to recognize basic, fundamental rights for gay couples. 
The FBI's infamous "ten most wanted terrorists" list is down to nine with the recent death of the 911 mastermind (apparently there's no number 11 waiting in the wings). Who are those nine, you might ask? Eight al Qaeda operatives and one animal rights extremist. And according to the research scientist who penned this opinion piece in today's Wall Street Journal, it is perplexing why the public does not regard that individual, Daniel San Diego (at left) as more of a threat.am missing something - but the decision seems pretty good to me. In fact, if I had written the ordinance, I'm not sure there would have even been as many as six exemptions... but I digress.
Posts
All Comments
![[PNS122411]](http://si.wsj.net/public/resources/images/ED-AO680_PNS122_NS_20111223174802.jpg)
