The Case That Could Not Be Lost. Or Won.

Lodi v. Lodi, 151 F.R.D. 537 (S.D.N.Y. 1993), aff'd, 41 F.3d 1500 (2d Cir. 1994)

The court was confronted with a claim by a man who sued himself for mismanaging his own trust fund. The litigant acted as his own lawyer, representing both sides on appeal. He lost below and on appeal. Affirming, the appellate court wrote:

In the circumstances, this result cannot be unfair to Mr. Lodi. Although it is true that, as plaintiff and appellant, he loses, it is equally true that, as defendant and respondent, he wins! It is hard to imagine a more even handed application of justice. Truly, it would appear that Oreste Lodi is that rare litigant who is assured of both victory and defeat regardless of which side triumphs.

The opinion was fair to Lodi, even as to the assessment of costs: “[E]ach party will bear his own costs."