Legally Weird

LEGALLY WEIRD By: Lisa J. Hall

Hodges, Doughty & Carson

COMICAL JUSTICE: THEN CAME THE RAIN

In Tennessee, we are instructed by Rule 8.05 of the Tennessee Rules of Civil Procedure, which provides, “Each averment of a pleading shall be simple, concise and direct.” If our pleadings are not specific or clear enough, Rule 12.05 allows us to file a motion for more definite statement. What sets Texas apart from Tennessee is that, if a defendant states in responsive pleadings that it cannot understand the claims against it, it appears that the plaintiff may amend its petition to include an entire petition in comic book form. This happened recently in the case of Crissa-Less, Inc. d/b/a Third Planet Sci-Fi and Fantasy Superstore, et al. d/b/a Crowne Plaza River Oaks, et al.

Third Planet has been open since 1975 and holds itself out as the longest continuously running sole proprietorship comic bookstore in the country. It has been in its current location since 1988, next door to the Crowne Plaza, which allegedly seems to specialize in hosting criminal activity for all of its patrons – it has “long been a location for illicit activities.” The Crowne Plaza “towers over its humble one-story neighbor,” and its guests are alleged to often hang out on the open-air fire escape and throw all kinds of items onto the roof of Third Planet, including lit cigarette butts (which started two fires), mugs, plates, silverware, cinder blocks and luggage racks. In March of 2019, fourteen fire extinguishers landed on the roof, causing significant damage. “Then came the rain,” which damaged many one-of-a-kind collector’s items. In its third petition, Third Planet states that the defendant has stated that it “could not sufficiently understand the claims and allegations against it.” As such, Third Planet drew upon its resources and explained its claims and allegations in the way it knows best. A few excerpts are reproduced here:

Apparently, this has been done before, sort of – in 2012, Bob Kohn filed a federal amicus brief in comic-book form after being limited to only five pages by the judge in a case pending in federal court in the Southern District of New York:

We are in a profession that often seems to be resistant to change, but we also know that different people have different learning styles and that many people consider themselves “visual learners.” So, what do we make of this? I am not sure we achieve a higher point of poetic justice (comical justice?) than a comic book shop illustrating its claims in comic book form in response to the opposing party pretending that it does not understand information in written form. As I have said many times, sarcasm is the highest and best form of communication when you have to make your point. (Actually, I do tell my clients the opposite, because in real life I am responsible, but since when is kind and cooperative communication as entertaining as sarcastic and witty comebacks? Exactly.)

Crowne Plaza may well have many valid defenses to throw at Third Planet. They may, in fact, hurl them over like fire extinguishers onto a roof, creating holes in Third Planet’s claims. I certainly do not know the outcome, but I can’t wait to see what happens next.