animal cruelty – Animal Law Developments

December 4, 2020December 5, 2020 by Michelle Pardo

Animal Activist Group’s “Open Rescue” Violates California’s Unfair Competition Law

by Michelle C. Pardo

Animal activist group Direct Action Everywhere (“DxE”), which made headlines for its members’ multiple criminal charges as a result of trespassing and removing animals from agriculture operations, has been enjoined for its violation of California’s Unfair Competition Law (“UCL”) for its “open rescue” actions against Diestel Turkey Ranch. After targeting Diestel’s turkey farms with its tactics, and launching an “investigation” of its turkey raising practices, back in January of 2017, DxE sued Diestel in the Alameda County Superior Court under the UCL and the False Advertising Law (FAL). DxE alleged that Diestel Turkey Ranch’s marketing had made misleading and deceptive claims about how its turkeys are raised. Direct Action Everywhere SF Bay Area v. Diestel Turkey Ranch (RG17847475) (Superior Court, Alameda County). Continue reading “Animal Activist Group’s “Open Rescue” Violates California’s Unfair Competition Law”

November 27, 2019November 27, 2019 by John M. Simpson

President Trump Signs “Crush Video” Legislation

by John M. Simpson.

On November 25, President Trump signed the “Preventing Animal Cruelty and Torture Act” or “PACT Act” — H.R. 724 — which has become law as Public Law No. 116-72. Unlike most recent examples of federal legislative gridlock, this measure went through both houses of Congress with very little, if any, opposition. The bill cleared the House on a motion to suspend the rules and pass the bill and passed by voice vote. In the Senate, the bill passed by unanimous consent. Continue reading “President Trump Signs “Crush Video” Legislation”

October 23, 2019 by John M. Simpson

House Passes Bill Amending “Crush Video” Prohibition

by John M. Simpson.

On October 22, 2019, the U.S. House of Representatives passed H.R. 724, entitled the “Preventing Animal Cruelty and Torture Act” or “PACT Act.” The measure would retain the existing prohibition in 18 U.S.C. § 48 on the creation and distribution of “crush videos” but would also criminalize an intentional act of animal crushing. Continue reading “House Passes Bill Amending “Crush Video” Prohibition”

August 16, 2018 by Michelle Pardo

A Horse is a Horse (Of Course) . . .But a Plaintiff?

by: Michelle C. Pardo

“Justice” (formerly named “Shadow”) is an American Quarter Horse who had been subject to neglect by his prior owner. According to a complaint recently filed in state court in Oregon, the horse was left outside, underfed, and suffered from a variety of serious medical problems, including frostbite, trauma and infection. After complaints by a neighbor, the former owner surrendered Justice to a rescue organization back in March of 2017 and thereafter pleaded guilty to criminal neglect. The owner also agreed to pay restitution to the equine rescue organization for the costs of Justice’s care incurred prior to the plea. Media reports indicate that the owner paid more than $3,700 in restitution, was sentenced to three years probation, and may not possess any pets or livestock for five years (and only after completing 96 hours of community service). Typically, as disturbing as such court cases may be, that is the end of a legal proceeding involving animal abuse or neglect.

Justice’s story, however, has a “Part Two”. Justice is suing his former owner for negligence and has filed a lawsuit in his new name in a county court in Oregon. Continue reading “A Horse is a Horse (Of Course) . . .But a Plaintiff?”