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Petland Case Moves Forward


Judge David G. Campbell of the U.S. District Court of Arizona dismissed all claims that The Hunte Corp. (Goodman, Mo.) sold sick puppies from substandard facilities to Petland Inc. (Chillicothe, Ohio) and 29 of 31 claims that Petland Inc. sold sick puppies.

The claims against Hunte, part of a lawsuit backed by a national animal rights group, were dismissed with prejudice. That means the lawsuit cannot be refiled.

However, the judge will allow the lawsuit against Petland to go forward based on the remaining two claims.

The suit, filed by plaintiffs who purchased dogs from Petland, alleges that the pet store chain misled consumers about the origin and health of its puppies. It cites the Racketeer Influenced and Corrupt Organization Act and various consumer protection laws.

The allegations that Petland and Hunte worked together to sell puppies bred in substandard facilities, or “puppy mills,” resulted from investigations in 2008 and 2009 by the Humane Society of the United States (Washington).

When the first case was dismissed on Aug. 7, 2009, the plaintiffs opted to file an amended complaint on Sept. 11, 2009. The new complaint made the same claims but added 26 new plaintiffs.

The defendants argued that the amended complaint suffered the same defects as the original (see “Legal Woes Dog Pet Stores,” August 2009 PET AGE).

Campbell’s January ruling elicited positive responses from all groups involved. HSUS said it was a victory in that the case was going forward. Petland applauded the dismissal of but two of the claims, and said the stores associated with those claims have since closed.

Steve Rook, president of Hunte, applauded the court’s decision and called the allegations baseless. “The No. 1 priority at The Hunte Corp. is the health and well-being of every puppy that we provide to loving homes throughout North America,” he said. [March 2010 PET AGE]


 

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