For those who like judicial puns and wordplay, it’s on display in this Fifth Circuit decision on litigation between competitors in the southern Louisiana frozen confection business. [New Orleans Times-Picayune]
On my trip to San Francisco last week I was delighted finally to meet Kevin Underhill, longtime writer of one of the most consistently funny and well-written of legal blogs, Lowering the Bar. If there were any justice in the world I would link a post of Kevin’s every day or two, but for the moment I’ll just note this one from last month: For years now, China has “forbidden anyone to reincarnate without [its] express written permission.”
“We live in a nation of laws, in the same way people on “Hoarders” live in houses of cat food boxes” — David Burge on Twitter
“The Language Creation Society has filed an amicus brief challenging Paramount’s claim of copyright over the Klingon language in its lawsuit against Axanar, a fan-produced film set in the Star Trek universe….The amicus brief is peppered with Klingon words and phrases.” [Ed Krayewski, Reason] More: Ken White, Popehat. Update: suit moves forward.
The New York Times in its “Op-Docs: Verbatim” series provides re-enactments of noteworthy real-life exchanges. “In this dramatization of transcripts from a legal deposition, lawyers grapple with a plaintiff’s bizarre testimony about the destruction of his chicken’s pasture.”
A monkey, an animal-rights organization and a primatologist walk into federal court to sue for infringement of the monkey’s claimed copyright. What seems like the setup for a punchline is really happening. It should not be happening. Under Cetacean Community v. Bush, 386 F.3d 1169 (9th Cir. 2004), dismissal of this action is required for lack of standing and failure to state a claim upon which relief can be granted. Monkey see, monkey sue is not good law – at least not in the Ninth Circuit.
The only pertinent fact in this case is that Plaintiff is a monkey suing for copyright infringement.
Meanwhile, on what I suppose you could call a parallel track, from Broward County, Fla.: “Attorney Kenneth Trent says the turtles themselves have standing to sue in federal court” [AP/Fox DC]
Lawyer’s letter evicting Adam and Eve from Paradise: “If you have not vacated the property by the specified date, Messrs Michael and Gabriel (Bailiffs) Ltd. will be instructed to take possession.” [Jot 101, from 1964 magazine Arrows: 87]
The news that New York’s Gilbert & Sullivan Players have canceled a production of The Mikado because it was accused of purveying anti-Japanese stereotypes, and because there had been objections to Caucasian actors singing the parts, prompted me to write up a short piece in the new Weekly Standard on how the beloved operetta might be modernized for contemporary, social-justice-attuned ears:
So he decreed, in words succinct,
That all who flirted, leered, or winked,
Without consent-form double-inked,
Should forthwith be beheaded…
Correspondent Corey Bean contributed a verse:
My object all sublime
I shall erase the line —
aggressions and crime —
Between mere offense and crime;
The company for now is going to switch to a production of The Pirates of Penzance. “So now pirate-shaming is supposed to be okay?” Read the whole thing here.