Posts tagged as:

animals

It’s presumably an intended effect of the recent court ruling that landlords will threaten families with eviction unless they stop keeping the dogs as pets, and that skittish insurers will hike rates on such households sharply or refuse to insure them entirely. But there is much uncertainty as to exactly which dogs count as “pit bulls”; will Maryland pet owners need to shell out for DNA testing, at $120 a pop? And is it also an intended effect of the ruling that unoffending, well-trained dogs end up being euthanized in droves? “Ohio recently repealed its statewide breed-specific legislation because it was ineffective and inequitable,” notes my Cato Institute colleague Nita Ghei. [Daily Caller, earlier]

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Canine custody, that is: Craig Dershowitz says he’s spent $60,000 suing his ex-girlfriend over who will get their dog. “It’s worth it,” he says. [NY Post via Elie Mystal, Above the Law]

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May 15 roundup

by Walter Olson on May 15, 2012

  • “Fan sues Insane Clown Posse after injury at Illinois concert” [St. Louis Post-Dispatch] “As Insanity is not a defense to the claim, the Clowns are now adding litigation counsel to their Posse.” [@colinsamuels]
  • Suit on behalf of school-cheat son “wouldn’t have been much of a story” if dad had left argument to hired gun [Mark Bennett, earlier]
  • If you can’t buy a Coke with your debit card any more, this may be why [Katherine Mangu-Ward, Reason] Related: “a ‘do-nothing Congress’ is sort of like a ‘do-nothing arsonist.’” [IowaHawk]
  • A common traditional pet

  • L.A. judge reverses much-publicized Honda small claims award [CBS Local, earlier]
  • Harris County judge deems pig “common, traditional” pet in homeowner association suit [Houston Chronicle]
  • Plaintiffs, not just defendants, can use Daubert to exclude opponents’ scientific theories that fall short of general acceptance by the relevant scientific community. Why is this news when it was clearly part of the intended and expected effect of Daubert from day one? [guestposter Mark Bower at Turkewitz]
  • “The unfair attack on ALEC” [Ted Frank and Jim Copland at PoL] More: Wendy Gramm and Brooke Rollins, WSJ.

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“Oregon officials … want federal approval to shoot a sea bird that eats millions of baby salmon trying to reach the ocean. Oregon needs federal approval to start shooting double-crested cormorants because the birds are protected under the Migratory Bird Treaty Act.” The state has previously attempted to protect the salmon fry by paying for speedboats and firecrackers to harass the cormorants, but “harassment has ‘proved insufficient.’” [East Oregonian via Balko]

P.S.: Meanwhile, “Federal prosecutors hope to use an obscure law to punish two recreational pilots whose low flying may have disturbed thousands of resting migratory birds in Iowa.” [h/t Baylen Linnekin]

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The premise is that they are a public health menace since standing water in them might afford a haven for mosquitoes that carry West Nile virus. [Gideon Kanner]

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A Bridgeport attorney for Charla Nash says the attack could have been avoided had Connecticut been tougher in enforcing its regulations. [WCBS]

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The sale of live seafood, common in Chinese food markets, can collide with blanket state regulation of wildlife sales. Virginia, for example, classifies as wildlife any animals not appearing on a list of domestic animals, even if they are raised on farms and have never lived in the wild. While the Virginia suburbs of D.C. have won fame as a hot spot for admirers of Asian food, the selection got somewhat narrower last year with the confiscation of eels, crayfish, bullfrogs and other critters from the Great Wall supermarket. Two store managers were hit with felony charges. [NY Times, Washington Post]

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“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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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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Don’t rescue that bird

by Walter Olson on August 2, 2011

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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June 22 roundup

by Walter Olson on June 22, 2011

You’ll need to sign a really strong liability release [St. Petersburg Times]

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June 8 roundup

by Walter Olson on June 8, 2011

  • 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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