Cat paws & baby formula

March 25, 2009
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From IL reporter Michael Hoskins:

Every so often, court rulings offer hidden treasurers that tickle the mind with intrigue rather than simple legalese and legal theory. Take Wednesday's two examples from the 7th Circuit Court of Appeals. Neither appeal stems from Indiana, but attorneys and readers in general can appreciate the decisions and the humor, mystery, and just fun-natured elements contained within.

It all comes down to “cat paws” and 81,454 cans of powered baby formula.

The first case comes from the Eastern District of Wisconsin, in the appeal of grocery wholesaler Kaloti Wholesale. Judge Richard Posner is the author. But the fun comes with the full title: United States of America, Plaintiff, v. Approximately 81,454 Cans of Baby Formula, Defendant. In case you aren't sure, "defendant" is appropriately attached clarifying any confusion about who or what’s being sued here. The case itself involves a February 2007 warehouse raid that uncovered the many thousands of cans of powered baby formula, which agents believed were stolen from retailers. Labels with the "use by" date were stripped off or altered. The government filed a civil forfeiture suit that's still pending in District Court, but the appellant asked the judge for permission to sell the baby formula on grounds that its "use by" dates were approaching - 80 had already expired, and the rest are slated for expiration by year's end.

Judge Lynn Adelman denied the motion on the ground that the sale might endanger any babies who ate it, and this appeal soon followed. Judge Posner and his panel affirmed that decision.

A second 7th Circuit decision today comes out of the Central District of Illinois in Vincent E. Staub v. Proctor Hospital, an Illinois corporation. This is a military-leave suit filed under the Uniformed Services Employment and Reemployment Act, with Staub claiming the hospital wrongly fired him as an angiography technologist. He alleged the hospital discriminated against him based on his Army reservist role, not the insubordination, shirking, and attitude problems cited in his termination.

Authored by Judge Evans, the opinion begins:

"One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009. But that’s the situation in this case as we try to make sense out of what has been dubbed the “cat’s paw” theory. The term derives from the fable “The Monkey and the Cat" penned by Jean de La Fontaine (1621-1695). In the tale, a clever-and rather unscrupulous-monkey persuades an unsuspecting feline to snatch chestnuts from a fire. The cat burns her paw in the process while the monkey profits, gulping down the chestnuts one by one. As understood today, a cat’s paw is a “tool” or “one used by another to accomplish his purposes.” Webster’s Third New International Dictionary (1976). More on this a little later."

We won’t trouble you here with a synopsis of the whole opinion - you can read all about the legal issues and theory in the 21 pages. But here’s a spoiler for the ending: The panel reverses and remands the case with instructions for judgment in favor of Proctor Hospital.

These are two favorites we have for the week, but if you’re so inclined, pass along any other fun reads that you’ve noticed.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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