Posts Tagged ‘animals’

Liability roundup

  • “TriMet faulted Laing for failing to heed warning signs … and earbuds playing loud music. Laing’s attorneys argued it couldn’t be determined what volume the music was playing at at the time of impact.” [Aimee Green, Oregonian; $15 million jury verdict for woman who dashed in front of train reduced to $682,800]
  • “When Are Athletes Liable for Injuries They Cause?” [Eugene Volokh on Nixon v. Clay, Utah Supreme Court]
  • Former Alabama Sen. Luther Strange has written a law review article on local government abuse of public nuisance law in industrywide litigation [Stephen McConnell, Drug and Device Law] “California’s disturbing lead paint ruling is going interstate. Magistrate cites it in opioid MDL to support tribal nuisance claims under Montana law” [Daniel D. Fisher on Blackfeet Tribe v. Amerisource] Federal judge should have said no to Rhode Island climate change/public nuisance suit [Michael Krauss, Forbes]
  • “Will New York law change veterinary malpractice?” [Christopher J. Allen, Veterinary News]
  • Supreme Court’s 5-4 ruling on class action counterclaim removal in Home Depot U.S.A. v. Jackson leaves Congress to fix what Judge Paul Niemeyer called a loophole in the Class Action Fairness Act [Diane Flannery, Trent Taylor & Drew Gann, McGuireWoods, Federalist Society teleforum with Ted Frank]
  • In Missouri, logjam for liability reform breaks at last as Gov. Mike Parson signs four pieces of legislation into law [Daily Star Journal (Warrensburg, Mo.); Beck on forum-shopping measure]

May 9 roundup

  • Next sector for a boom in IP litigation: trade secrets? [Ike Brannon]
  • Creating split among federal appeals courts, Seventh Circuit rules auto-erotic asphyxiation falls under insurance policy exclusion for “self-inflicted injury.” [Volokh; Tran v. Minnesota Life Insurance Company] In its commentary, the Institute for Justice is willing to go there: “Will the Supreme Court resolve the split? Don’t hold your breath.”
  • “The county has assigned at least four prosecutors to handle the Bellevue cat case” as Miska, the most notorious cat in King County, Washington, lawyers up [KIRO, update]
  • I’m quoted in article on Supreme Court’s agreeing to consider whether 1964 ban on employment discrimination because of sex includes ban on transgender discrimination [Nicole Russell, Washington Examiner]
  • Federalist Society podcast on populist antitrust with Babette Boliek, Geoffrey Manne, William Rinehart, Hal Singer, and Joanna Tsai;
  • Did a mobile home park violate housing discrimination law by checking applicants’ lawful immigration status? Fourth Circuit ruling threatens to open “disparate-impact” floodgates Supreme Court warned of in earlier case [Ilya Shapiro and Nathan Harvey on Cato cert amicus in Waples Mobile Home Park v. de Reyes]

April 25 roundup

“Is this picture of a falcon illegal?”

Animal-welfare regulation vs. rights of expression: “State and federal falcon-speech regulations fall into four categories: (1) generally banning images of falcons in all expression that is not about falcons; (2) specifically banning commercials that feature falcons but are not about falcons; (3) limiting compensation for falcon-related expression; and (4) dictating the content of falcon education programs.” So many different First Amendment problems there, and now “a new lawsuit filed by Pacific Legal Foundation on behalf of the American Falconry Conservancy and its members aims to strike down those anti-speech regulations.” [Jim Manley, Pacific Legal]

Environment roundup

  • “Lolita the killer whale has lived at Miami Seaquarium since 1970. Do the conditions of her confinement, including sharing her tank with dolphins that engage in inappropriate sexual behavior, amount to ‘harm’ and ‘harassment’ in violation of federal statute? The Eleventh Circuit says no.” [John Ross, Short Circuit, on PETA v. Miami Seaquarium]
  • California suit about Prop 65 warnings on coffee grinds on [Sara Randazzo/WSJ, Pierre Lemieux/EconLog, earlier]
  • NYC mayor De Blasio, who recently filed long-shot suit, says he hopes to “bring death knell to fossil fuel industry” [John Breslin, Legal NewsLine] “People don’t need to smoke cigarettes, but they have needed energy for many decades,” one of many reasons suing Big Oil is different from suing Big Tobacco [Amy Harder, Axios]
  • Squirrel rescue saga: “I begged and pleaded for a few more weeks, but was essentially told I needed to release him even though it was the middle of winter.” [Christine Clarridge, Seattle Times]
  • Aluminum smelter vs. orchards: a historic instance of nuisance litigation working well as a regulatory method? [Douglas Kysar, SSRN]
  • “Privatizing Federal Grazing Lands” [Chris Edwards, Cato]

Environment roundup

July 26 roundup

  • “It’s time for our justice system to embrace artificial intelligence” [Caleb Watney, Brookings]
  • Ontario woman named vexatious litigant and barred from filing lawsuits without leave tells newspaper “to hold off on publishing her story until all of her matters before the court were concluded, or else” [Jesse McLean and Emily Mathieu, Toronto Star]
  • Psittacine hearsay? Parrot said to have repeated “don’t (expletive) shoot” in murder victim’s voice; wife convicted [AP/Detroit News] “The parrot was not involved in any court proceedings.” [Evening Standard (U.K.)]
  • Pennsylvania’s abuse-of-process law, not particularly strong in the first place, survives a challenge [Hillary Hunter, WLF]
  • No, that’s not how the law works. Sanctions next? “Baton Rouge police officer injured in deadly ambush sues Black Lives Matter” and five leaders of it [CBS]
  • “When the first section heading of an opinion is ‘Design Basics and the Art of the Intellectual Property Shakedown,’ you can probably guess how things are going to turn out for Plaintiff Design Basics, LLC.” [John Ross, Short Circuit on this Seventh Circuit case]

July 19 roundup

  • “Biometric Privacy Laws: How a Little-Known Illinois Law Made Facebook Illegal” [Jane Bambauer]
  • Organized dentists work to block legal recognition of independent dental therapist practices [Mary Jordan, Washington Post]
  • Some yearn to bring back Warren Court (or even more interventionist) antitrust doctrine. Just don’t [John McGinnis]
  • “O’Neil is the Wang of Ireland” says apparel trademark disputant [Timothy Geigner, Techdirt]
  • “Religious people should live under the same laws as everyone else” was a nice slogan while it lasted [Julie Zauzmer, Washington Post on nuns’ construction of chapel in field so as to block pipeline, plus resulting Twitter thread]
  • “Therapy animals are everywhere, but proof that they help is not” [Karin Brulliard, Chicago Tribune]