Laura's Fun Legal Facts
From real court case decisions
__________________________
Laura Zagoria, Attorney at Law
5 BEEKMAN PLACE • FAIR LAWN, NJ • 07410
(201) 300-6712 FAX: (201) 300-6814
laura@zagorialaw.com
From real court case decisions
__________________________
Laura Zagoria, Attorney at Law
5 BEEKMAN PLACE • FAIR LAWN, NJ • 07410
(201) 300-6712 FAX: (201) 300-6814
laura@zagorialaw.com
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Careful when buying cars from the governmentAgreement between United States Customs and Border Protection and buyer of forfeited vehicle at Customs auction did not include implied-in-fact warranty that the vehicle would be free of contraband, and thus Customs was not liable for breach of warranty when buyer was arrested in Mexico following discovery of marijuana hidden in the vehicle; although sale of the vehicle was a commercial transaction, removal of contraband involved performance of a regulatory function, and Customs had disclaimed any warranty regarding the vehicle in auction catalog.
Agredano v. United States, 595 F.3d 1278 (Fed. Cir. 2010) |
Selling your SoulIt was reported in 2006 that a young man, living near Shanghai, caused himself legal trouble after putting his soul up for sale on an online auction site. The posting was eventually removed by the auctioneer and the seller was told that the posting would be reinstated only if he could produce written permission to sell his soul from “a higher authority.”
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 The Devil made me do it. |
The Devil is in the details In the case United States ex rel. Gerald Mayo v. Satan and His Staff , 54 F.R.D. 282, the Plaintiff, Mr. Mayo, brought a law suit against Satan and his minions, alleging “Satan and his servants [had] placed deliberate obstacles in plaintiff’s path . . . and on numerous occasions caused plaintiff misery" and caused his "downfall." The case was dismissed for several reasons. My favorites are: Mr. Mayo failed to tell the marshal where and how to serve the defendant with the papers regarding the litigation and that the defendant, Satan, might be a foreign prince, therefore the court may not have the authority to assert jurisdiction over him. |
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Space Patents It seems the federal government's patent infringement liability does not apply if it is done in outer space. Hughes Aircraft Co. v. United States, 29 Fed.Cl. 197 (Fed. Cl. Aug. 16, 1993) |
 I'm sorry I can't do that, Dave. |
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Look, matey, I know a dead parrot when I see one, and I'm looking at one right now.*
The court did not find the seller responsible for a dead parrot, “seems unreasonable for us to hold a seller liable for changes potentially wrought upon a ‘product’ by the purchaser, while the item was completely outside the seller’s control.” (*apologies to Monty Python) Latham v. WalMart Stores, 818 S.W. 2d 6763 (Mo. Ct. App. 1981) |
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The King vs the Donkey
The court finds that Universal Studios' rights to the film "King Kong" was not being infringed upon by Nintendo's video game "Donkey Kong," as the two trademarks are not confusingly similar. This, even though both were about a big gorilla running off with a beautiful woman. UNIVERSAL CITY STUDIOS, INC., Plaintiff-Appellant,v.NINTENDO CO.,746 F.2d 112 7095 (Oct. 4, 1984) |
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Note: These quotes summarize points of law in judicial rulings of interest and humor.
These points of law may have been changed.
Some may have been suggested by Westlaw "Headnote of the Day" and other sources.
These points of law may have been changed.
Some may have been suggested by Westlaw "Headnote of the Day" and other sources.
© 2013 by Laura Zagoria, Attorney at Law
All rights reserved.
Attorney Laura Zagoria, located in the Radburn section of Fair Lawn, New Jersey, serves clients throughout New Jersey, with particular emphasis on Bergen, Passaic, Essex, Hudson, and Morris Counties.
All rights reserved.
Attorney Laura Zagoria, located in the Radburn section of Fair Lawn, New Jersey, serves clients throughout New Jersey, with particular emphasis on Bergen, Passaic, Essex, Hudson, and Morris Counties.