Animal Law 2012 - Where Are We Now?

Animal Law CLE
St. Christopher Hotel
114 Magazine Street, New Orleans, LA 70130
Friday, December 14, 2012
8:30 am - 5:00 pm
(registration 8:00 - 8:30 am)


$155 for Animal Law Section Members (7 CLE Credit Hours)
$165 for Non-Section Members of the LSBA (7 CLE Credit Hours)
for non-profit individuals and other individuals not seeking CLE credits

VALET PARKING AVAILABLE (please present your ticket to front desk for discounted parking price)

**Registration includes coffee and tea served throughout the day and LUNCH.

Food Provided by:

Register now for another exciting and engaging Animal Law CLE! The Animal Law Section's 4th Annual CLE which will feature panels of top animal law attorneys and scholars from around the country and Louisiana.


8:00 to 8:30 am: Registration

Animals as Property: A Study of Case Law

Marta Richards and Marie Erickson (Panel)
A comprehensive study of recent Louisiana cases, other state case law and federal cases addressing the valuation of animals. The panel will discuss opportunities for attorneys to make analogies using property law and other theories of recovery. (1 Hour)

5 minute break

9:35 - 10:35
Randy Turner
Case Study
A discussion of recent litigation currently in the Texas Supreme Court involving the "intrinsic value" of animals and the decision's possible effect on other state and federal litigation. (1 Hour)

5 minute break

10:40 - 11:40
Elizabeth Choate and Christopher Green (Panel)
Non-economic damages in Veterinary Malpractice Cases
A lively panel discussion addressing the pros and cons of non-economic damages in veterinary malpractice cases.

11:40 -12:40 Lunch - Provided in the Hotel Lobby

12:40 - 1:40
Paul Shapiro

Farm Legislation; An overview of current legislation and litigation involving confined animal feeding operations and farm animals. (1 Hour)

5 minute break

1:45 - 2:45
Ledy VanKavage

Breed Discrimination and Due Process- People love their pets, no matter what their appearance. Learn about the due process problems seen in many dangerous dog laws, and learn about innovative reckless owner laws that are on the rise. Lawsuits involving pets and police will also be discussed.

5 minute break

2:50 - 3:50
Adam Karp

Animals as Weapons & the Animal Law Solo Practitioner
When Push Comes to Shove: The Limits of Use of Force Against Animals; When Bark Comes to Bite: The Limits of Using Animals as Force. Mr. Karp will also host an open forum to discuss his solo law practice where he exclusively practices Animal Law. Sample Motions and Pleadings will be reviewed. (1 Hour)

3:55- 4:55
Carney Anne Chester, Delcianna Winders, Frederick Whitrock (Panel)

Exotic Animal Law
A discussion of the current laws and recent cases involving exotic animals, zoos and the interplay between the Federal Animal Welfare Act and local/state laws, using a recent case as an example. Mr. Whitrock will give an overview of the Louisiana Department of Wildlife and Fisheries' regulation over exotic big cats, non-human primates, and constrictor snakes.


Ledy VanKavage is the Senior Legislative Attorney for Best Friends Animal Society and is currently the Chair of the American Bar Association TIPS Animal Law Committee. Ledy VanKavage began her legal career as a judicial law clerk for the Illinois Appellate Court and the U.S. District Court for the Southern District of Illinois. After working at a St. Louis environmental law firm, Green, Hennings, and Henry, she served as an attorney advisor for the U.S. Health and Human Services. Ledy has worked extensively in the humane movement. In 1985 she organized the Madison County Coalition Against Pound Seizure, successfully stopping the sale of animals for research from her county animal control facility. She then founded the Madison County Humane Society and served as its president for eight years. She worked for the ASPCA for nine years in Illinois as Sr. Director of Legislation and Legal Training. During that time she spearheaded the passage of over 20 humane bills and during her tenure Illinois became ranked as the best state in the nation for animal cruelty laws by the Animal Legal Defense Fund. She is Chair of the American Bar Association's Tort Trial & Insurance Practice Section's Animal Law Committee. Ledy also serves on the Animal Farm Foundation Board. She has been interviewed the New York Times, MSNBC, NPR's Justice Talking, the Chicago Tribune, and the St. Louis Post Dispatch. Ledy graduated from Eastern Illinois University with a BS in Zoology and St. Louis University Law School. Ledy resides in Collinsville, Illinois with her husband Cliff Froehlich who is the Executive Director of Cinema St. Louis. Ledy and her husband have adopted three brindle pit bulls, Karma Korn, Che, and Bella and also oversee a feral cat colony in the neighborhood. (1 Hour) Topic: Breed Specific Legislation

Delcianna Winders is Counsel for PETA, Director, Captive Animal Law Enforcement, PETA Foundation and an Adjunct Lecturer in Animal Law at Tulane University Law School and Loyola University New Orleans School of Law. Prior to joining the PETA Foundation Ms. Winders was the Director of Legal Campaigns for Farm Sanctuary. From 2007 to 2009, she worked as an associate at Meyer Glitzenstein & Crystal (which Washingtonian Magazine named the "most effective public-interest law firm in Washington, D.C."), and before that served as law clerk to the Honorable Martha Craig Daughtrey (U.S. Court of Appeals for the Sixth Circuit). Winders is a graduate of New York University School of Law, where she was senior notes editor of the NYU Law Review and recipient of the Vanderbilt Medal for outstanding contributions to the Law School. She has written articles about animal law for several legal publications and presented specialty talks at conferences and law schools (including NYU, the University of Chicago, and Yale). (Panel, 1 Hour) Topic: Captive and Exotic Animals

Carney Anne Chester is Litigation Counsel for Captive Animal Law Enforcement, a specialized practice area within the PETA Foundation's legal department that focuses on captive exotic animals, particularly animals who are used for circuses and other entertainment. Prior to joining the PETA Foundation in September 2010, Ms. Chester worked at Tulane Law School where, among other responsibilities, she worked closely with Tulane's Student Animal Legal Defense Fund. Prior to that, she served as an assistant city attorney for the City of Dallas and previously worked as an associate in law firms in Texas and Massachusetts. She is a graduate of the University of California, San Diego and Tulane Law School; and holds an additional graduate degree in community advocacy with a focus on animal rights from the George Washington University. She has served as co-chair of the Dallas Association of Young Lawyers Animal Law Committee, on the Board of Directors of the Humane Society of Louisiana, has done a variety of animal rights-related pro bono, and has co-taught the animal law seminar course at Tulane Law School with her colleague, Delcianna Winders. Ms. Chester's previous presentations include discussions about the Louisiana cruelty to animals statute and its application to trauma training on live animals at Tulane Medical School during the 2010 LSBA Animal Law Section CLE, regulation of the New Orleans carriage industry for the 2010 Louisiana Animal Law Night and for a closed group at the 2010 Taking Action for Animals Conference in Washington, DC. (Panel, 1 Hour) Topic: A discussion of the current laws and recent cases involving exotic animals, zoos and the interplay between the Federal Animal Welfare Act and local/state laws, using a recent case as an example.

Adam Karp exclusively practices animal law statewide from Bellingham, Washington at the Animal Law Offices of Adam P. Karp, JD MS, Bellingham, Washington, Animal Law Attorney; www.animal-lawyer.com. Having graduated from Gonzaga University with a B.A. Honors, and University of Washington with a J.D. and M.S. in statistics, this is Mr. Karp's tenth year actively practicing law. He founded and served as first chair of the new Washington State Bar Association's Animal Law Section for 2002-2003 and has held executive committee positions since its formation. He was also a founding vice-chair of the American Bar Association's Animal Law Committee and has kept this position since 2004.

In addition to serving his sixth year as a contributing editor of the Animal Legal Report, produced by Animal Legal Reports Services, he is a long term member of the Animal Legal Defense Fund. Further, he was graduated from the Washington Level One Animal Control Academy and is a member of the Washington Animal Control Association and National Animal Control Association. He regularly writes for bar association bulletins on the topic of animal law and routinely speaks around the nation about animal law, including at Yale, Harvard, Vanderbilt, and Vermont Law School. Adam is an adjunct professor of animal law at the University of Washington School of Law and Seattle University School of Law. He has been quoted in TIME magazine, the National Law Journal, the ABA Journal, and other periodicals, including a dedicated article on his practice in the Seattle Times. He has chaired several animal law CLEs hosted by the WSBA, and has been a speaker at more than 25 CLEs and conferences around the nation all on the subject of animal law. In 2008, Mr. Karp authored "Causes of Action for Loss of or Injury to an Animal by an Animal," 38 COA.2d 281 (2008). Three times in a row, most recently surveying 2007-2008, he has co-authored the ABA TIPS Animal Law Committee's annual survey "Recent Developments in Animal Tort and Insurance Law." With positive results, he has represented clients and filed amicus curiae briefs before the Washington Courts of Appeal more than half a dozen times on the subject of animal law. Currently he has animal law appeals pending before the Washington Supreme Court, Washington Court of Appeals, and the Ninth Circuit Bankruptcy Appellate Panel. Adam is married with cats. (1 Hour) Topic: When Push Comes to Shove: The Limits of Use of Force Against Animals; When Bark Comes to Bite: The Limits of Using Animals as Force. Mr. Karp will also host an open forum to discuss his solo law practice where he exclusively practices Animal Law. Sample Motions and Pleadings will be reviewed.

Marta Richards started practice in Louisiana more than 35 years ago, spending her first fifteen years in big firm settings as a contracts, business and corporate lawyer representing banks. She is now a solo practitioner in Baton Rouge and has expanded her practice to represent individuals in many settings, including family law, employment law, personal injury, and in forensic psychiatric settings. She has also become a jack-of-all-trades animal lawyer as a result of serving as general counsel to two animal rescue organizations in Baton Rouge and as a member of the board of Baton Rouge's Friends of the Animals, and she has advised or represented other entities and persons around the state concerning animal ownership, adoption, foster care, and abuse, as well as in challenges to the operation of municipal and parish animal shelters. (1 Hour Panel) Topic: Valuation of Animals in state and federal law

Marie Erickson is the Head of Public Services at the Law Library of Louisiana. She is both librarian and lawyer, having obtained an MLS from LSU's School of Library and Information Science in 1977 and a JD from Loyola in 1982. She has been a member of the Louisiana Bar since October of 1982, and is also a member of its Solo/Small Firms and Animal Law sections. She is a member of the New Orleans Bar AssociationShe occasionally writes for the library's newsletter, De Novo, on animal law issues. She is also a member of the American Association of Law Libraries and its southeastern chapter, and the New Orleans Association of Law Librarians. She is a graduate from St. John's College in Annapolis, MD, where she studied Ancient Greek. (1 Hour Panel) Topic: Valuation of Animals in state and federal law

Chris Green is a graduate of Harvard Law School and the University of Illinois, where he created the school's Environmental Science degree program. He is a founding Vice-Chair of the American Bar Association Animal Law Committee, Chair of the ABA Veterinary Malpractice Subcommittee, and served on the Board of Advisors for the National Center for Animal Law. He is also a member of the American Veterinary Medical Law Association, the Committee on Legal Issues Pertaining to Animals-Association of the Bar of the City of New York, and the Illinois Farm Bureau. In 2004, Green wrote The Future of Veterinary Malpractice Liability in the Care of Companion Animals, which was published in the 10th Anniversary Issue of Animal Law. That same year he won First Prize at Harvard's inaugural National Animal Advocacy Competition, an event he now regularly judges. Chris has consulted on animal legal issues for CBS News, Dateline NBC, Smart Money Magazine, the Chicago Tribune, Washington Post & ABA Journal. He contributed to the book Vet Confidential: An Insider's Guide to Protecting Your Pet's Health, and frequently lectures on civil damages/animal valuation matters at law schools and veterinary colleges around the country. He was a member of the California Veterinary Medical Association's Non-Economic Recovery Task Force--helping the organization explore legislative options to address the profession's increasing liability exposure--and later acted as an advisor to members of the American Veterinary Medical Association's Task Force on the Legal Status of Animals, addressing those same issues at a national level. Chris currently divides his time between New York City and Illinois, where he manages a farm that has been in his family for 173 years. Green additionally has appeared in and produced several award-winning films, worked extensively in the music business, and hosted a weekly music video program for PBS television. (1 Hour Panel) Topic: Non-economic damages in Veterinary Malpractice Cases

Elizabeth Choate has a Bachelor of Science in Political Science and Economics and a Juris Doctor with a certificate in Government Law. She has worked multiple sessions within the Texas state legislature both as a Policy Analyst and Chief of Staff/General Counsel. Currently, Ms. Choate serves as the Director of Government Relations/General Counsel for the Texas Veterinary Medical Association (TVMA). Her responsibilities include addressing the legal questions of the membership covering a diverse range of issues, including but not limited to practice, ethics and employment law. In addition, Elizabeth helps TVMA members as they maneuver the many layers of state and federal agency regulations that govern the veterinary profession. Elizabeth also assists TVMA's leaders in determining the legislative priorities of the membership and then works diligently to lobby those priorities and to protect and promote the veterinary profession within the state legislature. This includes working to build strong relationships with and providing information to educate elected officials on the issues that are of importance to Texas veterinarians. (1 Hour Panel) Topic: Non-economic damages in Veterinary Malpractice Cases

Paul Shapiro is Vice President, Farm Animal Protection, Humane Society of the United States. Mr. Shapiro has played an integral role in numerous successful legislative and corporate campaigns to improve the plight of farm animals. Shapiro's work has helped enact farm animal protection laws in California, Arizona, Michigan, Maine, Colorado, Oregon, and Ohio. He has also worked with dozens of companies, including some of the world's top retailers, to improve animal welfare in their supply chains. He founded Compassion Over Killing in 1995 and served as its campaigns director until January 2005. While there, he worked as a farm animal cruelty investigator and led initiatives such as the successful effort to end the use of the misleading "Animal Care Certified" logo on battery cage egg cartons nationwide. Mr. Shapiro has been interviewed in hundreds of print, broadcast, and online news sources as an authority on farm animal welfare. He has also published dozens of articles about animal welfare in publications ranging from daily newspapers to academic journals. (1 Hour) Topic: An overview of current legislation and litigation involving farm animals.

Frederick Whitrock is presently General Counsel with the Louisiana Department of Wildlife and Fisheries and has been employed by the Department for over ten years. Prior to his present employment, he was an Assistant Attorney General with the Louisiana Department of Justice, representing the State Mineral Board, Office of Coastal Restoration and Management, State Land Office, and the Department of Wildlife and Fisheries. Mr. Whitrock holds a Juris Doctorate from the University of Miami, a Master of Science (Environmental Science) from LSU, and a Bachelor of Science (Oceanography) from the University of Wisconsin. (1 Hour Panel) Topic: An Overview of the Louisiana Department of Wildlife and Fisheries' Regulation Over Exotic Big Cats, Non-Human Primates, and Constrictor Snakes

Randy Turner, Former Chairman of the Animal Law Section of the Texas Bar Association, Animal Law Attorney, Bailey & Galyen, Bedford, Texas. Mr. Turner has always been an advocate for animals. He has worked as a volunteer on wildlife conservation projects around the world, including orangutan rehabilitation in Borneo, Indonesia, elephant conservation in Kenya, and black rhino conservation in Zimbabwe. He has represented and served on the boards of directors of several animal welfare organizations. He is a volunteer attorney with the Animal Legal Defense Fund. A substantial portion of his law practice is devoted to representing people who help animals. He handles the following types of animal law cases: Defense of animal rights advocates in criminal and civil cases; Representation of humane organizations and rescue groups; Claims against pet shops, breeders, and puppy mills
(1 Hour) Topic: Case Study - Intrinsic Value of Animals



We received great feedback from several of the attendees of our prior CLEs, including:

"The Animal Law CLE last year was the BEST CLE I have ever attended."

"Though nobody usually bothers to say this: Thanks for arranging one of the most engaging CLEs ever. The speakers were passionate and articulate in a way legal speakers-alas!-rarely seem to reach. I look forward to attending the next one."

"I saw no evaluation forms, but this was probably the most interesting and informative CLE I have ever taken."

"It was extremely informative and I'm glad I went. And thank you for inviting Dr. Pippin with PCRM. His presentation was so detailed and educational..."

"The best day that I have spent since before Katrina (6 years ago!)"

"The best CLE that I have ever attended!"

2011 CLE(s)
If you missed the 2010 CLE, don't despair! We are starting to plan the 2011 CLE and need your help! Do you have a suggestion for a topic or a suggested date and/or location or do you have time to serve on the CLE committee? Please email me at ariel@arieldigiulio.com if you have any suggestions or input. All ideas are welcome!