Detailed Discussion of Veterinarian MalpracticeBy David S. FavreAnimal Law, October 2025This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed.
Member Spotlight: Kimberly BackmanAnimal Law, October 2025Kimberly Backman, an Ambassador for the Center for Animal Law Studies Global Ambassador Program, provides pro bono legal services to animal welfare non-profits and organizations; founded a non-profit dedicated to protecting animals, their, rights, and their environments; and is a 6th Congressional Volunteer District Leader for the Humane Society of the United Statse.
Estate Planning for AnimalsBy Timothy S. MiduraElder Law, July 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
Estate Planning for AnimalsBy Timothy S. MiduraAnimal Law, May 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
What’s the Law? Dogs in Hot CarsBy Elizabeth ZurekAnimal Law, May 2025Some states allow individual citizens to enter a car, including by means of breaking a window, in order to rescue an animal. In Illinois, only a law enforcement officer can do so, using “any reasonable means under the circumstances.”
Opportune Gaps in Animal Law PracticeBy Timothy Midura, CPA, JD, LLMAnimal Law, November 2024There are about 1.3 million practicing lawyers in the United States, but probably only a few hundred who specifically represent animal interests. What if that gap could be diminished? How can we bring more lawyers into the active practice of animal law, whether as a full-time endeavor or by infusing animal interests into existing legal practice areas? Let’s consider various gaps of vision, motivation, comfort, competence, and confidence.
Illinois Animal Legislation Wrap-UpBy Ledy VanKavageAnimal Law, September 2023Summaries of noteworthy animal rights bills signed into law by Governor Pritzker.
USDA Animal RulesBy Angela PetersAnimal Law, September 2023An overview of recent and proposed changes to USDA rules regarding animals, why they are necessary, and how they change the previous standards.
U.S. Supreme Court Upholds California’s Proposition 12 Preserving Landmark Protections for Pigs, Chickens, and CalvesBy Lisa VelezAnimal Law, June 2023The Supreme Court's decision in NPCC v. Ross upholds California's Proposition 12, a farm animal protection ballot measure that voters passed into law in 2018. Proposition 12 requires that calves raised for veal, mother pigs, and egg-laying hens be housed in systems that comply with specific standards for freedom of movement, cage-free design, and specified minimum floor space, including that they be provided at least enough space to stand up, turn around and extend their extremities.
Costly Critters: Municipal Liability Under the Endangered Species ActBy Amy Lynn LonerganAnimal Law, February 2023Municipal attorneys need to be aware of how a tiny animal or plant can blow a city budget, just as environmental attorneys need to be aware of how this liability issue can be leveraged to create safe habitats.
Happy Case SummaryBy Tim MaduraAnimal Law, October 2022On June 14, 2022, the State of New York Court of Appeals issued its opinion on whether an elephant, Happy, is entitled to a common law writ of habeas corpus.
Breed Discrimination in the Homeowners Insurance IndustryBy Fran Ortiz & Grace LopesAnimal Law, May 2022A discussion of the discriminatory impact of the insurance industry’s use of dog breed lists to deny homeowner and renters insurance coverage and renewals, create policy exclusions, and place limitations on coverage.
Breed Discrimination in the Homeowners Insurance IndustryBy Fran Ortiz & Grace LopesAnimal Law, April 2022A discussion of the discriminatory impact of the insurance industry’s use of dog breed lists to deny homeowner and renters insurance coverage and renewals, create policy exclusions, and place limitations on coverage.
NBCSL Resolution on Breed BiasBy Ledy VanKavageAnimal Law, April 2022In December, the National Black Caucus of State Legislators ratified Children, Youth and Family Services Resolution CYF-22-23 denouncing breed specific legislation because such laws are discriminatory in nature.
DOT Final Rule on Service AnimalsBy William GorenAnimal Law, November 2021On December 10, 2020, the U.S. Department of Transportation published its final rule to amend the Department’s Air Carrier Access Act regulation on traveling by air with service animals.
Pet Trusts: ‘Tails’ From a Corporate TrusteeBy Kathryn Van EeuwenTrusts and Estates, November 2021An overview of pet trusts, which ensure that a pet owner's furry, feathery, or scaly friends are cared for should they die while their pet is still living.
Under the IMDMA, What Is the Well-Being of a Companion Animal?By Angela Peters & David HopkinsFamily Law, February 2020Effective January 1, 2018, the Illinois General Assembly amended the Illinois Marriage and Dissolution of Marriage Act to allow parties going through a divorce to petition the court for sole or joint possession of companion animals.
Animal Law in the NewsBy Melissa A. MayeAnimal Law, August 2019Summaries of current events of interest to animal law practitioners.
Under the IMDMA, What Is the Well-Being of a Companion Animal?By Angela Peters & David HopkinsAnimal Law, August 2019Effective January 1, 2018, the Illinois General Assembly amended the Illinois Marriage and Dissolution of Marriage Act to allow parties going through a divorce to petition the court for sole or joint possession of companion animals.
