Wednesday 11 May 2011

Desperate scribblings... and a pig called Florence

The context of the case is not really important in this one, more the casual asides:

"Before proceeding further, the Court notes that this case involves two extremely likable lawyers, who have together delivered some of the most amateurish pleadings ever to cross the hallowed causeway into Galveston, an effort which leads the Court to surmise but one plausible explanation. Both attorneys have obviously entered into a secret pact--complete with hats, handshakes and cryptic words--to draft their pleadings entirely in crayon on the back sides of gravy-stained paper place mats, in the hope that the Court would be so charmed by their child-like efforts that their utter dearth of legal authorities in their briefing would go unnoticed. Whatever actually occurred, the Court is now faced with the daunting task of deciphering their submissions. With Big Chief tablet readied, thick black pencil in hand, and a devil-may-care laugh in the face of death, life on the razor's edge sense of exhilaration, the Court begins..."

For the defendant, the arguments are stellar:

"Defendant begins the descent into Alice's Wonderland by submitting a Motion that relies upon only one legal authority... That is all well and good--the Court is quite fond of the Erie doctrine; indeed there is talk of little else around both the Canal and this Court's water cooler."

And to the plaintiff's arguments (including a reference to the infamous Gordon Liddy):

"Plaintiff responds to this deft, yet minimalist analytical wizardry with an equally gossamer wisp of an argument...

Ultimately, to the Court's dismay after reviewing the opinion, it stands simply for the bombshell proposition that torts committed on navigable waters (in this case an alleged defamation committed by the controversial G. Gordon Liddy aboard a cruise ship at sea) require the application of general maritime rather than state tort law. See Wells v. Liddy, 186 F.3d 505, 524 (4th Cir. 1999) (What the . . .)?! The Court cannot even begin to comprehend why this case was selected for reference. It is almost as if Plaintiff's counsel chose the opinion by throwing long range darts at the Federal Reporter (remarkably enough hitting a nonexistent volume!). And though the Court often gives great heed to dicta from courts as far flung as those of Manitoba, it finds this case unpersuasive...

However, this is all that can be said positively for Plaintiff's Supplement, which does nothing to explain why, on the facts of this case, Plaintiff has an admiralty claim against Phillips (which probably makes some sense because Plaintiff doesn't)...

Despite the continued shortcomings of Plaintiff's supplemental submission, the Court commends Plaintiff for his vastly improved choice of crayon--Brick Red is much easier on the eyes than Goldenrod, and stands out much better amidst the mustard splotched about Plaintiff's briefing. But at the end of the day, even if you put a calico dress on it and call it Florence, a pig is still a pig."

And so the introduction ends with this phrase: "Now, alas, the Court must return to grownup land. As vaguely alluded to by the parties, the issue in this case turns upon..."

However there's actually some more sarcasm in the case which I might save for another day, those who wish to read the rest of it should look for John Bradshaw v Unity Marine US Federal District Court for Southern District of Texas, June 26 2001.  

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