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.

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