Thursday, May 21, 2009

Your honor, Your Honor.

Allerton's Point usually defers to Decisionism for close readings and analysis of US District Court memos on Motions to Dismiss(*).

But when the ruling involves the son of a former Presidential candidate, suing an ACC school for the right play on the university's golf team, an exception must be made.

Andrew Giuliani sued Duke University and its current golf coach after Guiliani was dismissed from the golf team last spring (2008). (Giuliani had been 'recruited' to play golf by the prior coach, who died unexpectedly; Giuliani was not offered an athletic scholarship, so in essence he was 'recruited' to walk-on and tryout for the team.)

Giuliani asked the court to in essence, reinstate him to the team based on a contract theory. U.S. Magistrate Judge Wallace W. Dixon's opinion is a readable and entertaining loop through some of the 'signature holes' of North Carolina contract law in the educational setting. Bottom line: Giuliani's attempt to cobble together a contract through a combination of University policy manuals, bulletins, and assorted other documents ends up, to quote Judge Dixon, "in the drink."

Unsurprisingly, Judge Dixon finds a way to work in a Caddyshack quote into the memorandum; in dismissing Giuliani's promissory estoppel claim (which is somewhat surprisingly, not argued in his brief), Dixon quotes Carl Spackler (Bill Murray): "He's on his final hole. He's about 455 yards away, he's gonna hit about a 2 iron I think. "

At least Dixon didn't quote this section of Caddyshack dialogue:
Danny Noonan: I planned to go to law school after I graduated, but it looks like my folks won't have enough money to put me through college.
Judge Smails: Well, the world needs ditch diggers, too.

(*)- And related matters, all as described in a Memorandum Opinion, Recommendation, and Order, 1:08CV502, USDC (Middle District of North Carolina)

1 comment:

Mike Licht said...

The case hasn't done much for law or the sport, but it sure has revived the Golf Joke.