next friend – Animal Law Developments

by Michelle C. Pardo

We previously blogged about the animal rights’ movement’s attempts to convince various U.S. courts to allow animals the same rights as people in the court system. People for the Ethical Treatment of Animal’s (PETA’s) failed “monkey selfie” case, an effort to convince a federal court to rule that the crested macaque had standing under the Copyright Act, was not only dismissed, but earned PETA a sharp rebuke from the Ninth Circuit, when the court determined that the activist group seemingly employed Naruto the monkey as “an unwitting pawn it its ideological goals.” Now PETA has taken its “animal personhood” crusade internationally. Continue reading “This Little Piggy Went to Court”

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?”