Finally, a case that joins my two legal loves: constitutional law and torts. This week, the White House was the scene of one of the most common torts in the country after the first dog, Sunny, bit a tourist in the White House. The female Portuguese Water Dog left a serious gash under the eye of the 18-year-old visitor.
When one thinks of the countries without a separation of church and state, countries like Israel, Iran, Saudi Arabia and others come readily to mind. It is often easy to forget that India struggles with the same issue as many call for the enforcement of core Hindi values. That was on display in Mewat, India when police raided roadside food stalls to confiscate beef and arrest anyone guilty of slaughtering a cow or selling the meat. This is a new local ordinance and violators can face 10 or 5 years respectively in jail.
The United States Court of Appeals for the Sixth Circuit has handed down a major ruling that will likely shock many dog owners. Judge Eric Clay wrote the opinion that police can legally shoot and kill any dog that is barking at them during a raid. Since this is a common response to intruders, it would mean that police have virtually complete discretion to kill dogs during raids. The case is Brown v. Battle Creek Police Dep’t, 2016 FED App. 0293P (6th Cir.).
Faced with widespread safety concerns, most airlines order shake downs, inspections, and enhanced monitoring. Pakistan International Airlines however had an additional safety measure: the sacrifice of a goat to ward off bad luck. The pictures on social media show smiling airline officials as they practice the barbaric superstition. It appears that some airlines have carry on policies while others have carrion policies.
“Living nativity” have long been the rage during the holidays, particularly as part of traditions like the one at St Mary’s Church on Holton Road in Wales. The scene includes live donkeys to the delight of the children. However, this year was marred by one donkey taking a bite out of one of the children — thereby bringing together two of my favorite themes: Christmas and torts. The case could come down to the question of a type of “one free bite” rule.
As I mentioned yesterday, I am visiting Orlando to give a keynote speech at the Federal Bar Association on the Supreme Court. I have brought my youngest with me for the trip. Madie and I have had a ball visiting the Magic Kingdom and Animal Kingdom on the first two days. The Association was generous enough to put us at the Waldorf-Astoria near the parks, which I will describe later for those interested in Orlando hotels.
In torts we often discussed plaintiff conduct questions such as assumption of the risk or comparative negligence. A case out of Texas shows how dominant such defenses can be in potential tort actions — negating any potential liability. Tommie Woodward, 28, suffered severe trauma after he reportedly ignored signs, staff warnings, and jumped into a Texas bayou after he taunted an alligator. You can guess the rest of the story.