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WHAT
WE DO
Animal Law Associates is a law firm devoted
exclusively to the practice of animal law.
Founded in 2002 in Berkeley, California,
ALA litigates on behalf of animals whenever
the need arises, regardless of the financial
situation of their guardians.
ALA is a 501(c)(3) tax-exempt nonprofit
organization.
ALA represents animals in all situations,
including the following areas:
| COMPANION
ANIMALS |
| 1. |
Willful
Injury
One day a neighbor of Denice Baltrons
brought her tragic news. A man
had beaten her cat with a golf
club, leaving it to slowly die
over the next few hours. This
case, now pending, may present
an opportunity to test a little-used
section of California law which
allows for punitive damages when
someone willfully injures an animal.
This type of injury is surprisingly
common, with neighbors and strangers
killing animals with no fear of
consequences. This area of law
not only sends a message, but
it can also spur the district
attorney to take action, as it
did in the Baltrons case. |
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| 2. |
Negligence
When Andrew Wysotski and Lori
Learmont moved to San Francisco
from Toronto, they entrusted four
of their cats to Air Canada. When
they arrived in San Francisco,
they were horrified to see that
one of the crates was smashed
and the cat Fu was missing. After
months of searching the runway
area, Fu was never found. The
lawsuit against Air Canada has
drawn national and international
media attention. It could well
lead to an overhaul of the way
animals are handled by airlines,
which kill or lose an estimated
5,000 dogs and cats annually. |
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| 3. |
Vet
malpractice
When Larnita Pette brought her
dog Monte in for a physical exam,
the vet recommended a teeth cleaning.
When Ms. Pette returned hours
later, her dog was in distress,
and no one was attending to him.
He died at the emergency clinic
hours later
Cases of negligence are often
compounded by the seeming indifference
of many vets. In the above case,
the failure to attend to Monte
was gross negligence. It is only
through high jury awards or settlements
that such vets will be held accountable. |
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| 4. |
Dog
Bites
Dog biting cases are ubiquitous
in California, and in todays
climate the odds are stacked against
the dog, even for seemingly innocuous
incidents. However, proactive
representation has led to favorable
settlements as well as legal victories.
The dog Cody was impounded after
he nipped a boy who had put his
arms around the dog. Despite causing
only minor injuries, the hearing
officer inexplicably ordered that
Cody be killed. Fortunately, aggressive
negotiations led to the ultimate
release of the dog.
In a case involving Rocky, the
judge completely violated his
rights, allowing hearsay and other
impermissible evidence to convict
the dog and then order his execution.
The case was appealed, and the
Court of Appeal threw out the
conviction and ordered a new trial.
On the trial date the city attorney
failed to present any evidence,
and Rocky was released.
The city of San Francisco is perhaps
the worst offender in this area.
Due process violations are the
norm, and the hearing officer
is a member of the police department.
In a case receiving intense national
coverage, the defects in the procedure
were highlighted. Through the
litigation process, ALA is working
towards an overhaul of these procedures.
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CAPTIVE
ANIMALS
In 1985 California passed remarkably
progressive legislation concerning captive
wild animals. However, the Department
of Fish and Game failed to implement
many of the regulations, and it refused
to negotiate. Through the filing of
a Writ of Mandate on behalf of Animal
Protection Institute, CDFG was forced
to negotiate a settlement that committed
them to implement all of the regulations
required by law. |
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RODEO
ALA has brought a suit to prevent school
districts from bringing students to
the rodeo. If successful, it will be
a large step towards the eventual banishment
of the rodeo from San Francisco. Also,
it may set a precedent throughout California,
effectively stopping schools throughout
the state from taking their students
to the rodeo. |
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ANIMAL
EXPERIMENTATION
In the first case of its kind, ALA has
filed a Whistleblower suit against a
vivisector in Phoenix. The suit alleges
that Michael Berens, of St. Josephs
Hospital, made false and misleading
statements in order to receive federal
funding for an experiment involving
beagles. After seven years of failure,
Berens falsely claimed that the experiment
was a success. This lawsuit is a classic
example of how, through innovative action,
animal law can have a real impact. |
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FIRST
AMENDMENT
Every year Alfredo Kuba of South Bay
IDA demonstrates against the rodeo and
circus at the Cow Palace. However, he
is confined to three small zones, located
over 200 feet away from the main entrance,
and his message is heard by virtually
no one. This suit, now before the Ninth
Circuit Court of Appeals, aims to give
Kuba and other demonstrators reasonable
access to people attending these events. |
Who
We Are »
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