Amicus Practice

Shook, Hardy & Bacon L.L.P. (SHB), an internationally known law firm, has an amicus practice that works with a variety of industries. A recent win by the firm?s Public Policy Group helped secure a defense victory on pet liability issues before the Vermont Supreme Court.

The amicus practice dealt with efforts to expand pet liability through the introduction of non-economic damages such as pain and suffering. The group submitted an amicus curiae brief to the court in Goodby v. Vetpharm, Inc., 2009 VT 52, on behalf of the Animal Health Institute, Federation of Dog Clubs, American Kennel Club and Pet Industry Joint Advisory Council. The amicus practice analyzed the legal and public policy implications of allowing such damages.

The amicus practice explained to the court how this proposed liability would depart from hundreds of years of settled law, allowing recovery for pets unavailable in comparable human situations and drastically increasing the cost of pet care, causing many pet owners to be unable or unwilling to provide their pets with necessary and proper medical treatment.

The court agreed, declining to adopt what it held would be ?a dramatic alteration to the law.? The court stated that while ?It is beyond dispute that our bond with pets often, if not usually, transcends their value to strangers in the marketplace? Plaintiffs fail to demonstrate a compelling reason why, as a matter of public policy, the law should offer broader compensation for the loss of a pet than would be available for the loss of a friend, relative, work animal, heirloom or memento ? all of which can be prized beyond measure, but for which this state?s law does not recognize recovery for sentimental loss.?

Reaching this decision, the Vermont Supreme Court joined many state courts reaffirming the longstanding legal principle that emotional harm damages are not allowed in litigation over pets, no matter how cherished. In the past few years, state supreme and appellate courts in nearly thirty states have reaffirmed that emotional loss in pet injury and death cases is not compensable under any legal theory.

To read the amicus brief and to learn more about our amicus practice, contact us today.