“The family of a man who was gored to death by a mountain goat in Olympic National Park is suing the Park Service.” [AP, National Parks Traveler, earlier]
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Posts tagged as:
animals
Timothy Egan, New York Times, on lawsuits over rogue mountain goats and other hazards of wild places:
My experience, purely anecdotal, is that the more rangers try to bring the nanny state to public lands, the more careless, and dependent, people become. There will always be steep cliffs, deep water, and ornery and unpredictable animals in that messy part of the national habitat not crossed by climate-controlled malls and processed-food emporiums. If people expect a grizzly bear to be benign, or think a glacier is just another variant of a theme park slide, it’s not the fault of the government when something goes fatally wrong.
More: Steve Chapman (most dangerous animal in the parks is the one “wearing your pants”); David Boaz.
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“City officials in Denver and in the neighboring suburb of Aurora are being sued over their enforcement of dog breed bans. The suit claims the bans violate the Americans with Disabilities Act.” [Arin Greenwood, ABA Journal]
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And community is undermined as a result, argues Thom Lambert at Truth on the Market.
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I’ve got a few thoughts up at Cato on the case of the 11-year-old Virginia girl who tried to rescue a baby woodpecker in the back yard only to learn that possessing and transporting a migratory bird is a federal offense that carries a $500 fine and possible jail term. (& Henry Joel Simmons, Right on Crime)
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A takedown letter (not, apparently, monkey-typed) is the latest development in the copyright flap that has transfixed the legal blogosphere [David Post, Jim Harper, Lowering the Bar, earlier]
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At one Argentine zoo, the degree of interaction permitted between animals and human visitors might startle U.S. risk managers. [Tyler Cowen]
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“Bureaucrats have added insult to injury for a corn farmer south of Montreal whose fields have been damaged by near-record flooding. Martin Reid says he’s been forced to buy a fishing licence to remove carp that are swimming in a metre of water on his flooded-out fields.” [London, Ont., Free Press]
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- Supreme Court disbars Bill Lerach [Richard Samp, WLF] And check out the byline of the former class-action king’s recent contribution to The Nation; do you think it omits anything material? [h/t Bob Lenzner]
- Ted Frank guessed right on outcome of Wal-Mart case but still lost big betting on it [PoL]
- After feds seize online bettors’ money, Anne Arundel County, Maryland police department crows over windfall [CEI] And c’mon Maryland, surely we in the home state of H.L. Mencken and Frederick Douglass can do better in the liberty rankings than this;
- “Wrongful-Death Lawsuit Filed After Man Killed by Rooster” [Lowering the Bar]
- Hotel union behind California bill mandating fitted sheets [Daily Caller, earlier]
- Fifth Circuit upholds constitutionality of Texas law banning barratry (stirring up litigation) [Christian Southwick, Legal Ethics Forum]
- A Linda Greenhouse column I agree with? One of us must be slipping [vagueness in criminal statutes, see related Harvey Silverglate]
You’ll need to sign a really strong liability release [St. Petersburg Times]
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- Law firm settles with employee who said required high heels led to back injury [ABA Journal]
- Stock listings fleeing U.S. for overseas, legal environment a factor [Ribstein, TotM]
- Partial solution to above? Ted Frank places a stock bet on the Wal-Mart case [PoL, more]
- Wider press coverage of hospital drug shortage [AP, Reuters, my March post]
- Trial judge up north supports certifying as class action unusual suit blaming Newfoundland for moose collisions [Canadian Press via Karlsgodt, earlier here and here]
- Academic revolt against copyright overreach [Chron of Higher Ed]
- Sues deceased grandmother over trampoline injury [Madison County Record]
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They say John Dollarhite of Nixa, Missouri “sold rabbits and guinea pigs without a license from the U.S. Department of Agriculture.” Dollarhite says he can’t afford the fine and says the business was started by his son, then a child; it “made about $200 in profit from April 2008 to December 2009 from selling rabbits for $10 or $12 apiece.” [Springfield News-Leader]
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A Mississippi court of appeals “has vindicated the honor of dachshunds everywhere” by reversing a $130,000 judgment in favor of a store customer frightened by the dog’s allegedly aggressive behavior. [Penny Pinchers v. Outlaw, PDF, via Tom Freeland and Philip Thomas] More: Eugene Volokh.
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But the case of a Calgary, Alberta tire store suggests that maybe they should be [CBC]
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“A golfer whose arm was torn off by an alligator during a round of golf in South Carolina has sued the course’s owner under the novel theory that the design of the course created an alligator hazard.” [OnPoint News]
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Safety trumps other things dept.: in recent years “school districts have begun adopting policies that in many cases limit or even ban animals in the classroom unless they’re part of science projects.” Among reasons cited: “potential liability concerns.” [Everett, Wash. Herald via Free-Range Kids ("What is the least dangerous, cutest thing we can outlaw next?"]
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Law school hypotheticals come to life: “Wang Han-chin, an electrician in central Taiwan, accused five neighbours of teaching their mynah, a parrot-like bird, to curse at him” with the epithet “clueless big-mouthed idiot” after he called the police on their noise. He claimed that the insults caused him emotional distress and distraction at work with resulting injury, but prosecutors found that he had not shown an adequate link between the bird and his injuries. [NineMSN via Lowering the Bar]
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