Search Results for ‘maryland pit bull’

Laws that separate dogs from owners, cont’d

We’ve covered “breed-specific” legal limitations on dog ownership, which often take the form of legislated curbs on particular breeds seen as dangerous, but have also cropped up in judicial rulings designating some breeds as inherently dangerous for purposes of strict liability. As we noted in 2013, after Maryland courts established elevated liability for bites by pit bulls, the result was continued pressure by insurers and landlords for families to abandon or relinquish pets “and a resulting flow of related breeds into the animal shelter system.” Now a story from Prince George’s County, Maryland, one of the larger jurisdictions to ban pit bulls: “A pit bull who stood by her injured owner while their house was on fire is now losing her home — not to the fire itself, but to a law prohibiting pit bulls from living in the county. … Back in May, Michigan’s Hazel Park lifted its pit bull ban in the wake of public outcry, after a dog credited with saving her owner from domestic violence was subsequently thrown out of town.” [Arin Greenwood, Huffington Post]

Liability roundup

  • Kip Viscusi: current structure of tort law gives firms like General Motors reason not to investigate risks/benefits of their designs [Alison Frankel, Reuters]
  • California woman in trouble after allegedly sending “faked treatment documents and burn photos from a hospital website” to bolster hot coffee spill claim against McDonald’s [ABA Journal]
  • Despite Kumho Tire, Joiner, and amendments to evidence rules in 2000, Eighth Circuit cuts its own liberal path on expert witness admissibility [Bernstein]
  • “In the BP case, the rule of law is on trial” [Lester Brickman, The Hill, on cert petition]
  • “Fighting and Winning Against Pit Bull Defense Lawyers” [Ronald Miller]
  • Business groups savor victory in racketeering suit over concocted asbestos claims [Barrett, Bloomberg Business Week]
  • Peter Spiro adds another favorable review of Paul Barrett’s Chevron/ Ecuador book Law of the Jungle [Opinio Juris]

White House: dog breed bans a bad idea

It isn’t really the federal government’s business one way or the other, but the Obama administration is at least lending moral support to the idea that animal control laws should not single out particular dog breeds as inherently ultradangerous. A court decision in Maryland establishing elevated liability for bites by pit bulls has resulted in continued pressure for pet abandonment and a resulting flow of related breeds into the animal shelter system. [Arin Greenwood, HuffPo; earlier here, here, etc.]

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July 14 roundup

Nanny state, Virginia 1934 edition

An Alexandria tapas bar was cited for serving sangria—which violates a 1934 Virginia law against mixing wine with spirits, with penalties of up to a year in jail. Virginia Spanish restaurants, so warned, now only serve a bowdlerized version of the drink, to the dismay of customers who can get the real thing a few miles away in DC or Maryland. The legislature is contemplating a change, though a pending bill would fail to exempt the similarly illegal kir royals or boilermakers. (Anita Kumar, “Virginia’s Sangria Ban At Issue in 2 Hearings”, Washington Post, Jan. 24). (According to Instruction 33 on this bulletin, Virginia also appears to ban the pitcher of margaritas the local Mexican restaurant serves.) Left unspoken: when is someone going to bring a consumer class action against the Spanish restaurants serving faux sangrias without warning customers?

(ObJingoism: At least Virginia still has better Thai, Indian, and Vietnamese food than DC or Maryland.)

For more on the more modern food police, see Overlawyered’s Eat, Drink, and Be Merry section or my article, A Taxonomy of Obesity Litigation.

September 4 roundup