Lawsuits (Ridiculous)

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Judge Posner Blasts Banana Lady

I'm a big fan of using images in briefs and opinions when that is appropriate, and it's hard to think of a more appropriate case than one involving a lady in a banana suit. The specific case I'm thinking of…


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Portland Pimp Has a Point (But Suit Is Still Stupid)

Everyone seems to have rushed to judgment in the case of Sirgiorgio Clardy, the pimp sentenced to 100 years in jail for, among other things, stomping someone's face while wearing Air Jordans, and who has now sued Nike for allegedly failing…




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Former Couple’s Legal Fight Now in Year Seventeen

That's seven years longer than they were married, and the case isn't over yet. The most recent case, that is. According to the report, the former spouses have been involved in at least 28 lawsuits against each other, not counting the divorce…


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I Can’t Play NHL 2008 Online Forever, Plaintiff Complains

Well, the ever-roiling, always-turbid waters of California consumer law have just coughed up yet another ridiculous creature whose slowly decomposing corpse will stink up the once-pleasant beach that is the federal docket for the next several months. (Previous sentence ©2013…


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Orly Taitz Tried to Sue the Electoral College

In the unlikely event anyone else is unclear on this, here is some information: The "Electoral College" is not an actual college. Nor is it a university or school or, in fact, a learning institution of any kind. It is…


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Trump Dismisses “Spawn of Orangutan” Lawsuit

You may recall that a couple of months ago, Donald Trump sued Bill Maher for breach of contract after Maher offered to give $5 million to charity if Trump could prove he was not descended from an orangutan. It was…


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Why Donald Trump Is Wrong (This Time)

Donald Trump's lawyer should be quite pleased with himself, because most of us will never get the chance to say this kind of thing, no matter how long we practice law:

Attached hereto is a copy of Mr. Trump's birth certificate, demonstrating that he is the son of Fred Trump, not an orangutan.

As you've probably heard, Trump the Younger is mad at Bill Maher because Maher made fun of him on the Jay Leno show. Noting Trump's offer to give $5 million to charity if President Obama would release certain documents, Maher wondered why Trump wasn't being just as transparent. Specifically, why hadn't he ever released his own birth certificate to the public? What was he trying to hide? Maher then offered to pay Trump $5 million if Trump could prove he was not descended from an orangutan. (That particular speculation was linked to the color of Trump's hair, he said.)

O-TRUMP-570Never one to back down from a fight, no matter how stupid, Trump said he was taking Maher up on his offer. He sent Maher a copy of his birth certificate (right), accompanied by the lawyer's letter quoted above, and later sued when Maher did not pay up. "He made an absolute offer. I made an absolute acceptance," Trump opined. "I showed him documentation, and he owes me $5 million, which I'm going to give to charities."

Like so much of what the Trumpster says, this is wrong.

The Hollywood Reporter has a good analysis of why it's wrong. Basically, Maher didn't make an "absolute offer." He made a joke, and so there was nothing for Trump to accept. Of course, theoretically anybody who wanted to get out of a contract could say he was "only joking" when he made the offer, so the rule is that it's considered an offer if an "objective, reasonable person" would have viewed the statement as an offer. If so, then someone can accept it and form a contract.

Probably the best-known case on this is Leonard v. PepsiCo, in which a court rejected a high-school student's claim that Pepsi owed him a fighter jet.


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UPDATE: Birthers’ Record Is Worse Than I Thought

Last week I mentioned that the lawsuit (if you can call it that) filed against me, the President of the United States, and a number of other dignitaries by birther/dentist/lawyer Dr. Orly Taitz had been dismissed. I also mentioned having seen…