Friday, May 27, 2011

A name by any other name. Please.

Long-time reader, attorney Jody R. Nathan (almost a week!), contributed a list of her favorite case names and other miscellaneous decisions. Jody has an innate appreciation for symmetry and cheap laughs.

Bowlin v. Alley, 773 P.2d 365 (Okla. 1989)

Dyer v. Emergency, 91 P.3d 683 (Okla. Civ. App. 2004)

Taylor v. Inch, No. 09-3083 (10th Cir. 9/1/09)

Hamburger v. Fry, 338 P.2d 1088 (Okla. 1958)

Fairshter v. Stinky Love, Inc., No. 07-1424 (10th Cir. 12/23/08)

Elephant Butte Irrigation Dist. of N.M. v. U.S. Dep’t of Interior, 269 F.3d 1158, 1166-67 (10th Cir. 2001).

U.S. v. Friday, No. No. 06-8093 (10th Cir. 5/8/08) ("I knew there was a conspiracy; I'll bet Thursday's in on it!)

Spanx, Inc. v. Sexy Panties and Naughty Knickers, No. 08-CV-1375 (N.D. Ga. 4/9/08)

Maybe Jody is more judicial than one might suppose, because sometimes even the courts cannot resist the temptation to comment on an interesting case title. For example, in Easter Seal Society for Crippled Children and Adults of Louisiana, Inc. v. Playboy Enterprises, 815 F.2d 323 (5th Cir. 1987), the court commented at fn. 1:

"Thus, this most delightful of case names: Easter Seal Society for Crippled Children v. Playboy Enterprises; seriously rivaled, in our judgment, only by United States v. 11 1/4 Dozen Packages of Article Labeled in Part Mrs. Moffat's Shoo Fly Powders for Drunkenness, 40 F.Supp. 208 (W.D.N.Y.1941) (condemnation proceeding under Food, Drug and Cosmetic Act), and United States ex rel. Mayo v. Satan and his Staff, 54 F.R.D. 282 (W.D.Pa.1971) (leave to proceed in forma pauperis denied in view of questions of personal jurisdiction over defendants)."

The Mayo case is famous because the plaintiff sued Satan and his servants. "He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall." This was going to be a class action, but the court dismissed it because plaintiff failed to include instructions for service of process.

To round things out, Jody provides the following citation to a case that was unable to achieve membership in the list because the court wouldn't allow a name change:

Knox v. Bland, No. 10-7066 (10th Cir. 2/14/11) ("Antone L. Knox, an inmate at the Oklahoma State Penitentiary in McAlester, Oklahoma, brings this pro se civil-rights action under 42 U.S.C. § 1983 against eight Oklahoma state judges. His claims arise out of his unsuccessful attempts in state court to have his name changed for religious reasons to Ali Ishmael Mandingo Warrior Chief.")

I can't resist adding a few of my own:

United States v. 2,116 Boxes of Boned Beef etc., 726 F.2d 1481

United States v. Approximately 64,695 Pounds of Shark Fins, 520 F.3d 976 (9th Cir. 2008)

United States v. 2,507 Live Canary Winged Parakeets, 689 F. Supp. 1106 (S.D. Fla. 1988)

United States v. One Lucite Ball Containing Lunar Material (One Moon Rock) and One Ten Inch by Fourteen Inch Wooden Plaque, 235 F. Supp. 2d 1367 (S.D. Fla. 2003)

United States v. Article Consisting of 50,000 Cardboard Boxes More or Less, Each Containing One Pair of Clacker Balls, 413 F. Supp. 1281 (D. Wisconsin 1976).

Plough v. Fields, 422 F.2d 824 (9th Cir. 1970)

Silver v. Gold, 211 Cal. App. 3d 17, 259 Cal. Rptr. 185 (1989)

Death v. Graves, CGC-06-451316 (San Francisco Super. Ct., filed April 17, 2006)

United States v. Bad Marriage, 439 F.3d 534 (9th Cir. 2005)



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