Monday, August 28, 2006

Does Pluto Have A Cause Of Action?

Pluto recently has been downgraded from a planet. I have been very sad about this because Pluto has always been my favorite. I feel Pluto has been severely wronged.... but can the tiny planet sue? This post suggests Pluto could file suit under the following theories:

1.) 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.

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

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

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


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"Freedom is never more than one generation away from extinction"--Ronald Reagan