major_clanger | Not The Usual Legal Update...

For those of you led to believe by

bugshaw's legal travails that law is invariably dour and depressing, I offer you the following Judgement by US District Judge Samuel Kent, in which he sums up an astonishingly poorly-argued case regarding a claim for damages by a seaman:

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...

...Now, alas, the Court must return to grownup land. As vaguely alluded to by the parties, the issue in this case turns upon which law -- state or maritime -- applies to each of Plaintiff's potential claims versus Defendant Phillips. And despite Plaintiff's and Defendant's joint, heroic efforts to obscure it, the answer to this question is readily ascertained...

...After this remarkably long walk on a short legal pier, having received no useful guidance whatever from either party, the Court has endeavored, primarily based upon its affection for both counsel, but also out of its own sense of morbid curiosity, to resolve what it perceived to be the legal issue presented. Despite the waste of perfectly good crayon seen in both parties' briefing (and the inexplicable odor of wet dog emanating from such) the Court believes it has satisfactorily resolved this matter. Defendant's Motion for Summary Judgment is GRANTED.

No, for those of you wondering, I do not believe I am in any way related to the Claimant!

(This is apparently entirely genuine, as witnessed by the the way it is also cited online in pained articles by US lawyers on why judges shouldn't be so horrid to them.)

MC