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August 29, 2006

Does Pluto Have a Cause of Action?

From the WSJ Law Blog:

"We posed the question to Dan Hull of Hull McGuire, who writes the “What About Clients?” blog and has always, well, seemed a little out there. Here are his thoughts:

  • I think Pluto’s claim sounds in equity: quantum meruit. If Pluto no longer is part of the celestial contract, and apparently never really was, it at least has a beef for services rendered all these years.

  • Eminent domain: “Cosmic taking” damages under the Fifth Amendment is another theory since Pluto got bulldozed out of a long-standing scientific model.

  • Fraud, misrepresentation, or at least a detrimental reliance theory under the Restatement of Ks (2nd).

  • Even Justice Scalia might give standing to an aggrieved planet. We wait for Pluto’s phone call.

[RJ]

August 29, 2006 in News | Permalink

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