Replevin is proper action to be brought by an owner seeking return of his or her pet when the pet “ha[s] been wrongfully distained, or otherwise wrongfully taken or … wrongfully detained”. See 735 ILCS 5/19-101. In a replevin action, “the court shall issue an order of replevin if plaintiff establishes a prima facie case to a superior right of …
Illinois Family Law: The Allocation of Possession and Responsibility of Pets
Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Illinois Animal Law: Dangerous vs. Vicious Dog Definition
If you live in a village, town or city in Illinois that does not have it’s own definition of dangerous dog/animal or vicious dog/animal, then the definition set forth by the Illinois Animal Control Act, 510 ILCS 5 will apply. Let’s take a look at those two definitions. “Potentially dangerous dog” means a dog that is unsupervised and found running …
Illinois Animal Law: Keeping Dangerous Dogs in Urbana
If you have been found to have a “dangerous animal” in Urbana, Illinois, then Section 4-28 of the Urbana code sets forth a few requirements: Post a sign in a conspicuous place noting that there is a dangerous dog on the premises (sign must be at least 8 and 1/2 X 11 inches). Use a leash 3 ft or shorter …
Illinois Animal Law: Pet Shop Lemon Law
In states without a pet shop lemon law, consumers must result to relief under the Uniform Commercial Code (“UCC”), which regulates the sale of “goods”. Since pets are more than “goods”, the UCC does not provide as much protection to the consumer for pets as the state specific pet shop lemon laws do. In Illinois, the Pet Shop Lemon Law …
Illinois Animal Law: Were You Served Notice of a Dangerous or Vicious Animal Hearing in Urbana?
Did you receive notice of a dangerous dog or vicious dog hearing under the Urbana Code? Pursuant to Section 4-27, if you allegedly have a dangerous or vicious dog in Urbana, then you should be given your due process and and an opportunity to be heard; thus, the City must provide you notice of a hearing at least 5 to …
Illinois Animal Law: Has Your Dog Been Impounded in Urbana?
Under Section 4-24 of the Urbana Code, an animal can be impounded if: Is found to run at large, is lost, is apparently abandoned, or is otherwise deemed a stray; Has bitten any person or animal, or is believed to have otherwise behaved in a threatening, dangerous, terrorizing, or vicious manner; and, Has been found to be vicious. In this …
Illinois Animal Law: What is the Difference Between a Dangerous Animal and Vicious Animal in Urbana?
If you live in Urbana, Illinois, under Section 4-1 of the Urbana Code, a “dangerous animal” is defined as a an email when: either unmuzzled, unleashed, or unattended by its owner, or a member of the owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, any other public place, …
Meet the New Associate Attorney, Kate Murray
The Illinois Office is growing! Kate joined our team this spring. She is an associate attorney with Rincker Law, PLLC working primarily from the Illinois office. Kate is licensed to practice law in New York and Connecticut. She is also a candidate to the Illinois bar. Kate concentrates in all aspects of family and commercial law. A portion of her …
Overview of Mediation
I will be speaking tomorrow at the crack of down tomorrow morning to the CU Sunrise Rotary Club on mediation. For those of you who are in Central Illinois, I would the support! The presentation is at 6:45am and coffee (and breakfast!) will be provided. Here are my materials for the presentation on mediation available on my JD Supra page …
A Few Considerations For Stocker Cattle Contracts
A stocker cattle contract is used when a cattle producer wants to hire someone to feed out the progeny through weaning. There are several issues to consider when a cattle producer hires a stocker feeder after the progeny are weaned. Here are just a few considerations for the stocker cattle agreement: • Feed and Nutrition: This section should include pasture quality …
What Livestock Producers Should Know About the Veterinary Feed Directive
In June 2015, the Food & Drug Administration (“FDA”) promulgated the second Veterinary Feed Directive (“VFD”) affecting livestock producers that use medicated feed and water. The final rule became effective in October 2015 transitioning Over-the-Counter (“OTC”) drugs to be VFD through January 1, 2017. This requires veterinarians to have a Veterinary-Client-Patient Relationship (“VCPR”) and use a VFD to prescribe the …