Justia Agriculture Law Opinion Summaries
Articles Posted in Animal / Dog Law
Adams Land & Cattle v. Widdowson
The Supreme Court reversed the judgment of the district court entering a declaratory judgment and permanent injunction in favor of Adams Land & Cattle, LLC (ALCC), a commercial livestock company, in this dispute regarding the meaning of a statute governing cattle brand inspection, holding that the district court erred in its interpretation of Neb. Rev. Stat. 54-1,122.ALCC and the Nebraska Brand Committee disputed whether section 54-1,122 requires direct movement from the point of origin with required paperwork to avoid a brand inspection upon entry to the registered feedlot. The district court granted declaratory relief and a permanent injunction for ALCC, and the Brand Committee appealed. The Supreme Court reversed, holding that the district court erred in its interpretation of section 54-1,122 and in granting a declaratory judgment and permanent injunction in favor of ALCC.. View "Adams Land & Cattle v. Widdowson" on Justia Law
MGG Investment Group LP v. Bemak N.V., Ltd.
The Supreme Court held that the federal Food Security Act of 1985 (FSA) was preemptive of Kentucky's Uniform Commercial Code (UCC) and that thoroughbreds and the right to breed them are farm products within the meaning of the FSA and, as a result, any security interest in those products was extinguished when they were sold to their respective buyers.The FSA abrogated a common exception in the UCC allowing for a security interest to remain when a farm product pass from seller to buyer. At issue in this case was (1) whether the FSA applies when the product at issue was a thoroughbred horse with particularly valuable breeding rights, and (2) whether breeding rights are farm products within the FSA. The Supreme Court held (1) the FSA preempts Kentucky's farm products exception; and (2) the plain language of the FSA demonstrates that thoroughbred horses are farm products within the meaning of the FSA, and breeding rights are also farm products under the FSA. View "MGG Investment Group LP v. Bemak N.V., Ltd." on Justia Law
Skolnick v. Commissioner of Internal Revenue
During the tax years at issue, 2010–2013, the Taxpayers owned a New Jersey horse farm. Their Company employed several employees, none of whom had a budget. The Company paid the Taxpayers' personal expenses and lost more than $3.5 million during the years at issue and more than $11.4 million between 1998-2013. The Taxpayers contributed capital and made loans to the Company. In 2016, the Company sold a horse for nearly $1.2 million, enabling it to report a modest overall profit.In 2016, the IRS sent notices of income tax deficiencies. The Tax Court sustained the deficiency determinations, holding that the Taxpayers could not deduct Company losses because their horse breeding activity was not engaged in for profit under Internal Revenue Code section 183 and that the Taxpayers failed to substantiate net operating loss carryforwards that allegedly arose from Company activity. The Third Circuit affirmed. The Tax Court did not clearly err when it found that adverse market conditions did not explain the Company’s sustained unprofitability and correctly considered the Taxpayers’ substantial income from other sources. The profit generated from the 2016 horse sale was tempered by the fact that it occurred after the tax years at issue and after the notices of deficiency. The expertise of the Taxpayers and their advisors was the only factor that favored the Taxpayers. View "Skolnick v. Commissioner of Internal Revenue" on Justia Law
Hopkins v. Nichols
The Hopkinses kept cattle on their Marshall County, Tennessee farm. Detective Nichols received a complaint about the treatment of those cattle, drove by, and observed one dead cow and others that did not appear to be in good health. Nichols returned with Tennessee Department of Agriculture Veterinarian Johnson. Wearing his gun and badge, Nichols knocked and. according to Mrs. Hopkins, “demanded that [she] escort them to see the cattle,” refusing to wait until Mr. Hopkins returned or until she fed her children. Johnson completed a Livestock Welfare Examination, as required by law, noting that the cattle were not in reasonable health, that they lacked access to appropriate water, food, or shelter, and that major disease issues were present; she determined that probable cause for animal cruelty existed. Nichols returned to the Hopkins’s farm several times and discovered a sinkhole containing the remains of multiple cattle. Nichols and Sheriff Lamb eventually seized the cattle without a warrant and initiated criminal proceedings. The cattle were sold.The Sixth Circuit affirmed the denial of a motion for qualified immunity in a suit under 42 U.S.C. 1983. Forced compliance with orders is a Fourth Amendment seizure; words that compel compliance with orders to exit a house constitute a seizure. While the open fields doctrine allowed the officers to lawfully search the farm, it did not give them lawful access to seize the cattle; they lacked exigent circumstances when they seized the cattle. View "Hopkins v. Nichols" on Justia Law
Leining v. Foster Poultry Farms, Inc.
Plaintiff filed suit against Foster Farms for its allegedly misleading labels and against American Humane for its allegedly negligent certification. The Court of Appeal concluded that it need not decide whether there are triable issues of fact that would defeat summary judgment. Rather, the court concluded that plaintiff has not pleaded a viable cause of action against either defendant. The court concluded that plaintiff's claims against Foster Farms are barred by federal preemption. In this case, plaintiff's direct causes of action against Foster Farms is based on the premise that its labels' inclusion of the American Humane Certified logo was itself misleading, because the chicken was not treated in a manner that an objectively reasonable consumer would consider humane. The court concluded that these causes of action are barred by the doctrine of federal preemption, based on the express preemption clause of the Poultry and Poultry Products Inspection Act. The court also concluded that the negligent certification claim against American Humane is not viable in the absence of physical injury. View "Leining v. Foster Poultry Farms, Inc." on Justia Law
In re Trenton Farms RE, LLC Permit No. MOGS10520
The Supreme Court affirmed the decision of the clean water commission approving Trenton Farms' permit to establish a twin concentrated animal feeding operation (CAFO), holding that House Bill No. 1713 (HB 1713) does not violate the original purpose, single subject, or clear title requirements of the Missouri Constitution and that there was sufficient evidence regarding the CAFO's protection from a 100-year flood.The clean water commission affirmed the department of natural resource's issuance of a permit to Trenton Farms to establish a CAFO. Hickory Neighbors United, Inc. appealed, arguing (1) HB 1713, which amended Mo. Rev. Stat. 644.021.1 to change the criteria for members of the commission, violated Missouri Constitution article III's original purpose requirement and single subject and clear title requirements; and (2) there was insufficient evidence that CAFO's manure containment structures would be protected from inundation or damages in the event of a 100-year flood, a requirement of 10 C.S.R. 20-8.300. The Supreme Court affirmed, holding (1) HB 1713 is constitutionally valid; and (2) there was sufficient evidence that CAFO structures met regulatory requirements. View "In re Trenton Farms RE, LLC Permit No. MOGS10520" on Justia Law
Waak v. Rodriguez
The Supreme Court affirmed the judgment of the court of appeals holding that the Texas Farm Animal Activity Act (the Act), Tex. Civ. Proc. & Rem. Code 87.001-87.005, does not apply to ranchers and ranch hands, holding that the court of appeals did not err.The Act limits liability for injury to "a participant in a farm animal activity or livestock show" that results from an "inherent risk" of those activities. Raul Zuniga worked full-time for Conway and Marlene Waak to work cattle on a ranch, landscape, and cut hay. Zuniga died after being trampled. Plaintiffs, Zuniga's family, sued the Waaks, on wrongful death and survival claims. The trial court granted summary judgment for the Waaks, concluding that the Act barred Plaintiffs' claims. The court of appeals reversed, concluding that Zuniga was not "a participant in a farm animal activity" for whose injuries and death the Act limits liability. The Supreme Court affirmed, holding that the Act does not cover ranchers and ranch hands and, therefore, did not shield the Waaks from liability for their negligence resulting in Zuniga's death. View "Waak v. Rodriguez" on Justia Law
Raab v. Frank
The Grossens own but do not live on, Parcel A, adjacent to Parcel B, leased by Frank. The parcels are separated by a common fence. Frank has used Parcel B for pasturing cattle since 2009 and, under his lease is responsible for maintaining the fences on the parcel. When Frank repaired the fence he did not notify the Grossens. In 2011, Frank’s cattle escaped to a nearby road, where Raab collided with a cow. Raab sued, citing the Animals Running Act. Frank filed a third-party complaint against the Grossens under the Contribution Act, citing the Fence Act, negligence, and breach of contract. The cow that injured Raab escaped through a portion of the fence the Grossens were obligated to maintain under a contract between previous owners. The circuit court approved a $225,000 settlement agreement between Raab and Frank; determined that the Animals Running Act barred any contribution from nonowners or nonkeepers of livestock and that Frank’s failure to notify the Grossens of known deficiencies in the fence barred liability under the Fence Act; and held that a breach of the fence contract could not create that liability to Raab, so the contract could not be the basis for contribution. The appellate court reversed in part.The Illinois Supreme Court held that common law does not provide a basis to hold a nonowner or nonkeeper of livestock liable in tort for damage caused by a neighbor’s animals; the Animals Running Act is not a source of a duty for nonowners and nonkeepers to restrain neighboring cattle. Since Frank has not otherwise established potential tort liability, breach of contract does not give rise to liability under the Contribution Act. View "Raab v. Frank" on Justia Law
Perez v. County of Monterey
Plaintiffs challenged a Monterey County ordinance limiting to four the number of roosters that can be kept on a property without a permit. A permit application must include a plan describing the “method and frequency of manure and other solid waste removal,” and “such other information that the Animal Control Officer may deem necessary.” A permit cannot be issued to anyone who has a criminal conviction for illegal cockfighting or other crime of animal cruelty. The ordinance includes standards, such as maintaining structurally sound pens that protect roosters from cold and are properly cleaned and ventilated and includes exemptions for poultry operations; members of a recognized organization that promotes the breeding of poultry for show or sale; minors who keep roosters for an educational purpose; and minors who keep roosters for a Future Farmers of America project or 4-H project. The court of appeal upheld the ordinance, rejecting arguments that it takes property without compensation in violation of the Fifth Amendment; infringes on Congress’ authority to regulate interstate commerce; violates the Equal Protection Clause; is a prohibited bill of attainder; and violates the rights to privacy and to possess property guaranteed by the California Constitution. View "Perez v. County of Monterey" on Justia Law
Smith v. Meyring Cattle Co., LLC
The Supreme Court affirmed the district court’s order granting a directed verdict in favor of Defendant on Plaintiff’s statutory strict liability claim under Neb. Rev. Stat. 54-601(1), holding that allegations that a ranch employee was injured as a result of the ranch’s herding dog nipping at a cow, causing the cow to charge into the employee, fall outside the strict liability statute.In granting a directed verdict for Defendant, the district court concluded that the evidence presented did not fall within the purview of strict liability under Neb. Rev. Stat. 54-601. The Supreme Court affirmed, holding that strict liability under section 54-601(1) does not encompass the act of a herding dog nipping at the heels of a cow, causing the cow to move forward and collide with a ranch employee and inflict bodily hurt on the employee. View "Smith v. Meyring Cattle Co., LLC" on Justia Law