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.
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