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TRENDS
IN ANIMAL LAW 2010
The objective and purpose
of the Animal Law Section's CLE "Trends
in Animal Law 2010" is to educate
Louisiana attorneys about the growing
legal area of Animal Law and the current
legal issues and legislation involving
animals with a focus on the valuation
of animals in our legal system. A further
objective is to demonstrate to attorneys
the varied ways in which animal law intersects
with other practice areas and the current
opportunities that attorneys have to extend
their practice areas by including animal
law therein.
7
Credit Hours Approved
Registration Includes:
Continental Breakfast: Freshly
squeezed orange juice, apple juice and
cranberry juice. Selection of breakfast
pastries and flaky croissants, assorted
fruit preserves, freshly brewed coffee,
decaffeinated coffee, and a selection
of Tazo teas and condiments.
Throughout the Day: Assorted soft drinks,
bottled water, freshly brewed coffee,
decaffeinated coffee, selection of Tazo
teas and condiments.
$125
$115 (section members)
AGENDA:
8:30 to 9:00 am: Registration
9:00 - 10:00 am: Frederick Whitrock,
Deputy General Counsel with the Louisiana
Department of Wildlife and Fisheries
- An Overview of the Federal Oil Spill
Act (OPA) and liability under the Act
in private and public claims; The Louisiana
Oil Spill Prevention and Response Act
(LOSPRA) and the definition of state trustees
and exceptions to the Act (fish and wildlife
valuation claims); and an explanation
of the Natural Resource Damage Assessment,
how it applies and injury assessment and
compensatory restoration under the Act.
(1 hour)
5 minute break (please note schedule
change this hour)
10:05 - 10:35 am: Charles Ballay,
Plaquemines Parish District Attorney
- Case Study: An overview of the civil
lawsuit filed against British Petroleum
by Plaquemines Parish and the legal issues
arising out of the valuation of fish and
wildlife therein. (30 minutes)
10:35 - 11:05 am: Frederick Whitrock,
Deputy General Counsel with the
Louisiana Department of Wildlife and Fisheries
- An overview of the recently passed
legislation which grants the Louisiana
Department of Wildlife and Fisheries authority
to regulate possession and importation
of exotic cats, monkeys, and snakes. (30
minutes) *RECENTLY
ADDED!
5 minute break
11:10 - 12:10 pm: John J. Pippin,
M.D., F.A.C.C., Senior Medical
and Research Adviser for the Physicians
Committee for Responsible Medicine (PCRM)
- An overview of the federal Animal
Welfare Act as it relates to vivisection
of animals in research and the limitations
for the protection of animals under the
Act. (1 hour)
Lunch 1 Hour - On your own
1:30 - 2:30 pm (Panel) - Carney
Anne Chester, Legal Fellow, PETA
Foundation (based in Louisiana); Delci
Winders, Counsel, PETA Foundation
(based in Louisiana); Julia Breaux
Melancon, Louisiana State Director,
The Humane Society of the United States
(based in Louisiana). State and Federal
Animal Laws: Limitations, Novel Uses,
and Recent Updates: The three panelists
will discuss: Updates of Louisiana animal
laws, including state cruelty and seizure
statutes; an overview of federal animal
protection laws including the exemptions
and enforcement of same; and state and
local laws in relation to the federal
laws. (1 hour)
2:30 - 3:30 pm: Chris Green, Attorney,
American Bar Association Animal Law Committee,
Chair ABA Veterinary Malpractice Subcommittee
Chair - Issues involving veterinarian
malpractice and the compensation and valuation
resulting from harm to companion animals;
the arguments for and against compensating
owners beyond the traditional "market
value" damages for harm to living
property. (1 hour)
3:30 - 4:30 pm: Mike Hodgkins,
Veron, Bice, Palermo & Wilson,
LLC (Lake Charles, Louisiana) - Case
study of the Third Circuit Court of Appeal
opinion in Smith v. University Animal
Clinic, Inc., 09-745 (La.App. 3 Cir.
2/10/10), which addresses veterinary clinics
and boarding houses as depositaries for
purposes of LSA - C.C. art. 2926 et al.;
the history of LSA - C.C. Articles 2315
and 1998 and the changes in the law that
allows for compensation therein; valuation
of lost or injured companion animals in
Louisiana. (1 hour)
4:30- 5:20 pm: Marta
Richards, Private Practice &
The Standford Law Group, (Of Counsel):
Contracts Creating Ownership of Animals:
Rights and Responsibilities Created. Topics
to be discussed: public policy issues
and related issues involving ownership
of domestic animals as pets; municipalities:
public health and safety concerns; private
owners: kennel owners, breeders, personal
pet owners; rescue groups and animal welfare
organizations; possessors of animals:
adverse possession, caretakers and foster
homes. Issues arising from contracts of
ownership: AKC papers, contracts of sale,
rescue organization adoption contracts,
review of sample contracts and review
of Animal Control animal release documents
and enforceability and limitations therein.
(1 hour)
REGISTRATION
NOW AVAILABLE! Download Form Here
Special thanks to CLE
Committee Members: Margaret Swetman, Michele
Morel and Barbara Ormsby
SPEAKER
BIOGRAPHIES:
Frederick Whitrock
is presently Deputy General Counsel with
the Louisiana Department of Wildlife and
Fisheries and has been employed by the
Department for over ten years. His duties
include legal advisor to the Department
in its role as one of the trustee state
agencies under LOSPRA. 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.
Charles J. Ballay
is the current District Attorney of Plaquemines
Parish and is currently serving his first
term. He graduated from Louisiana State
University with a B.A. in 1974 and received
his Juris Doctorate from the Paul M. Hebert
Law Center at Louisiana State University
in 1976. In 1980, Charles became an Assistant
District Attorney in Plaquemines Parish
and served as First Assistant District
Attorney from 1984 until 2006. He was
elected District Attorney of Plaquemines
Parish in 2008.
John J. Pippin,
M.D., F.A.C.C., is Senior Medical
and Research Adviser for the Physicians
Committee for Responsible Medicine (PCRM),
a nationwide charitable organization of
physicians, scientists, educators, and
laypersons that promotes preventive medicine
(especially good nutrition), conducts
clinical research, and addresses controversies
in modern medicine, including ethical
and scientific issues in education and
research. After receiving his M.D. degree
from the University of Massachusetts Medical
School, Dr. Pippin completed his internal
medicine residency, chief residency and
clinical cardiovascular fellowship at
New England Deaconess Hospital (now Beth
Israel-Deaconess Hospital) in Boston.
He was awarded a five-year Clinician Scientist
Award from the American Heart Association,
and carried out studies in nuclear cardiology
at the University of Texas Southwestern
Medical Center and the Medical College
of Virginia that produced important advances
in cardiac imaging. Dr. Pippin is board
certified in internal medicine, cardiovascular
diseases and nuclear cardiology. He has
been on several medical school faculties,
including Harvard Medical School and the
Medical College of Virginia, where he
was chosen Cardiology Professor of the
Year three times. He has held many clinical,
research and administrative leadership
positions, and he was the founding director
of the cardiovascular medicine and medical
imaging departments at Cooper Clinic in
Dallas before joining PCRM's professional
staff in 2005. Dr. Pippin has co-authored
four books and monographs, and is the
author or co-author of more than seventy
peer-reviewed publications. He has published
in numerous leading medical journals,
including Circulation, Journal of the
American College of Cardiology, and The
American Journal of Cardiology. He lives
in Dallas, Texas.
Delcianna Winders
is Counsel for the 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).
Carney Anne
Chester is a Legal Fellow for
the PETA Foundation. 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, and has done a variety
of animal rights-related pro bono. Ms.
Chester's previous presentations include
discussions about 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.
Julia Breaux
Melancon is the Louisiana State
director for The Humane Society of the
United States. She works to help animals
through legislation, corporate campaigns,
citizen advocacy, coalition building and
other projects with both local and national
scope. A native of Lafayette, Louisiana,
she graduated from Louisiana State University
in 1999. After graduation, she went to
work for the Lieutenant Governor's office
during the Blanco administration. In 2001,
she moved to New Orleans where she currently
resides.
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.
Michael Hodgkins
is an attorney with Veron, Bice, Palermo
& Wilson, LLC in Lake Charles, Louisiana.
He graduated with a B.S. in History from
Louisiana State University in 1988 and
obtained his J.D. from George Washington
University, The National Law Center, in
Washington, D.C. in 1991. He returned
to Lake Charles and practiced for six
years with Woodley, Williams law firm
before striking out on his own in 1997.
He remained a solo practitioner until
2007 when he joined Veron, Bice, Palermo
& Wilson, LLC, where he remains today.
Mr. Hodgkins practices mainly in the areas
of personal injury and medical malpractice.
He is licensed to practice in the state
courts of Louisiana and all Federal Districts
in Louisiana. He is a member of the Louisiana
Bar Association and the Louisiana Association
for Justice.
Marta Richards
has practiced law in Louisiana for almost
35 years and maintains a private practice
in Baton Rouge, Louisiana. Marta is also
of counsel at the Stanford Law
Firm. Her practice areas include representation
of individuals in psychiatric settings,
personal injury litigation and contracts
and business transactions. She has served
as general counsel to Animal Protective
and Welfare Society (APAWS), a pet rescue
organization in Baton Rouge and has consulted
with APAWS, Friends of Acadiana Animals
and other entities and persons around
the state in areas concerning animal ownership,
adoption, foster care, and animal abuse.
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