News & Analysis as of

Pets

The Wrath Of Irma

by Fox Rothschild LLP on

As those of us fortunate enough to be outside of the reach of Irma watch with concern about the impact this storm is wreaking on Florida and its human and animal residents, it is important to keep in mind how we can all help...more

New York State Animal Rescue Law-A Start

by Fox Rothschild LLP on

New York recently amended laws governing pet dealers by: (1) exempting incorporated animal shelters, rescue organizations or other non-profit entities that transport or offer animals for adoption (a/k/a “sale”) from the...more

USDA Re-Posts A New Version Of Its Searchable Database Of Animal Welfare Act Licensees

by Fox Rothschild LLP on

As USDA had previously suggested, it just posted a new version of the searchable database that had been dismantled this past February. Many animal rights organizations and animal-trade organizations had expressed outrage...more

The Goals Of Animal Rights And Animal Welfare Groups Do Not align.

by Fox Rothschild LLP on

Reports from two animal-related trade organizations provide insight into the current status and goals of animal rights organizations intent on eliminating the use of animals by humans, without regard to how humanely those...more

Raising a Paw to Recent Animal Law Efforts in Maryland

by Pessin Katz Law, P.A. on

Whoever said that a diamond is a girl’s best friend never had a dog. Within the first few minutes of every conversation, professional or personal, the person I am speaking with always casually, or sometimes intentionally,...more

Who Will Take Care of Your Pet After Your Death?

by Pessin Katz Law, P.A. on

Have you ever wondered who will take care of your pet after your death? Maryland has a pet trust law allowing owners to set aside funds for their pet’s care and to provide for a care taking system for their pet...more

Statutory Duties to consider in Underwriting (including some that deal with animals)

by Pessin Katz Law, P.A. on

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to...more

Pet Trusts

by McNair Law Firm, P.A. on

Most people remember the late Leona Helmsley as the convicted tax felon famous for uttering the words “only little people pay taxes”, but she is also remembered for having a will that left a $12 million trust fund for her...more

Governor Christie Right-Sizes Pet Purchase Protection Law (Mostly)

by Fox Rothschild LLP on

Governor Christie issued a conditional veto on May 1, 2017, amending S 3041 significantly and correcting some constitutional deficiencies in the existing law (New Jersey’s Pet Purchase Protection Act) as well as glaring...more

Is My Beloved Pet Just an Asset to be Divided?

Our dogs and cats are part of our family, right? They do not just represent property to be divided, right? Actually, in North Carolina, pets are considered property and as such our courts will divide your pets in the same...more

Pet Store Owners Will Be Criminals If California’s AB485 Becomes Law

by Fox Rothschild LLP on

California AB485 will criminalize what has been considered lawful interstate commerce since at least 1966, when Congress first passed the Animal Welfare Act, 7. U.S.C. §2131 et seq....more

What can your Animal Control Officer do for you?

by PretiFlaherty on

I remember the days (and I don’t mean they were necessarily the good old days) when Animal Control Officers were called “dog catchers”. They had a truck, picked up stray dogs, and did not try to help the dogs or reunite them...more

Recent Changes in Pet Custody

It is estimated that 70-80 million dogs and 74-96 million cats are owned in the United States. That equates to approximately 37-47% of all households in the United States own a dog, while approximately 30-37% of all...more

Pets: Considered Property or People During a Divorce?

by Burns & Levinson LLP on

Hi there, If you know me, you know I’m a fervent pet lover. We have dogs, cats, horses, goats, and are related to someone with a bearded dragon. I know, viscerally, how pets can feel like family members. As a result,...more

Estate Planning Pitfall - You haven’t addressed pets in your estate plan

Pet owners in all 50 states can now make provisions for their animals through a trust. This “pet trust” allows owners to set aside funds for the animal’s care. After the pet dies, any remaining funds are distributed among...more

Insight on Estate Planning - October/November 2016

Gift giving made easy - Annual exclusion reduces your taxable estate - How can you reduce the size of your taxable estate? There are many ways to accomplish this objective, including the use of irrevocable trusts...more

Mars Settles With FTC Over Dog Lifespan Claims

by Reed Smith on

Last week, Mars Petcare U.S., Inc. (“Mars”) settled its case with the Federal Trade Commission (“FTC”) over certain advertising claims. In 2015, the FTC initiated an investigation of Mars’ advertising claims for its Eukanuba...more

Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions

by Ward and Smith, P.A. on

Many planned communities, townhome communities, and condominiums (collectively, "Associations" since they are nearly universally governed by one) have restrictions that either prohibit or limit the number, size, and type of...more

Pets and Divorce

by Jaburg Wilk on

What will happen to my pet during a divorce? Can I get pet visitation after a divorce?...more

Center for Veterinary Medicine Releases New Guidance

by Morgan Lewis on

The center makes no bones about dog and cat food health claims. If you have been down a pet food aisle recently, you may have noticed dog and cat foods that claim to treat various conditions, such as claims to treat...more

Animal House – Can You Own Exotic Animals?

by Gray Reed & McGraw on

Phil Elliott, wide receiver for the North Dallas Bulls, posts a photograph on Instagram showing his new pet tiger hanging out in his backyard in Preston Hollow. His post goes viral and becomes a hot news topic. The next...more

Use a noncharitable purpose trust to achieve a variety of goals

Generally, trusts must have one or more human beneficiaries, but there’s an exception for certain “purpose” trusts. One popular type of purpose trust is a charitable trust. But don’t overlook the noncharitable purpose (NCP)...more

Estate Planning for Man’s Best Friend

by Tucker Arensberg, P.C. on

Did you know that you can provide for your four-legged family members in your estate plan? Plans can be as informal as an agreement with a friend or family member to care for your pet when you are unable, or as formal as a...more

Seventh Circuit Says No to Anti-Suit Injunction Pending Final Approval of Settlement

by Seyfarth Shaw LLP on

The Seventh Circuit recently weighed in on the circuit split over whether a federal court, after preliminarily approving a class action settlement but before final approval, may enjoin class members from pursuing litigation...more

Dog Owners: Beware of Divorce

Divorce takes an emotional toll on all families. For over 60% of the households in the United States, that also includes their pets. While all courts are required to address custody matters involving children, most states are...more

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