April is Poetry Month!

Ven-Fuel was convicted of fraudulent acts,
By the Trial Court’s finding of adequate facts.
We think it likely that fraud took place,
But Materiality was not shown in this case.
So while the Government will no doubt be annoyed,
We declare the conviction null and void.

U.S. v. Ven-Fuel, Inc., 602 F.2d 747, 748 (C.A.Fla., 1979). Written by Judge John R. Brown.
Ven-Fuel had been convicted of importing fuel oil under an import license obtained by fraudulent statements, but the appellate court found the statements not material. The entire poem is 14 lines, and an elegant summary of the case.


 

April is Poetry Month! Part 2

In our last blog post we celebrated Poetry Month with a poem from Fisher v. Lowe, 122 Mich.Ct. App. 418 (1983). Here’s an Easter Egg: Westlaw, in its summary of the case, responded with a poem of their own:

A wayward Chevy struck a tree
Whose owner sued defendants three.
He sued car’s owner, driver too,
And insurer for what was due
For his oak tree that now may bear

A lasting need for tender care.

The Oakland County Circuit Court,
John N. O’Brien, J., set forth
The judgment that defendants sought

And quickly an appeal was brought.

Court of Appeals, J.H. Gillis, J.,
Gave thought and then had this to say:
1) There is no liability
Since No-Fault grants immunity;
2) No jurisdiction can be found
Where process service is unsound;
And thus the judgment, as it’s termed,

Is due to be, and is,

Affirmed.

 

April is Poetry Month!

We thought that we would never see
A suit to compensate a tree.
A suit whose claim in tort is prest
Upon a mangled tree’s behest;
A tree whose battered trunk was prest
Against a Chevy’s crumpled crest;
A tree that faces each new day
With bark and limb in disarray;
A tree that may forever bear
A lasting need for tender care.
Flora lovers though we three,
We must uphold the court’s decree.
Affirmed.

Fisher v Lowe, 122 Mich.Ct. App. 418, 419, 333 N.W.2d 67 (1983), written by J. H. Gillis for a three judge panel. The trial court had granted summary judgment for the defendant.

If the poem sounds familiar, it is based on Joyce Kilmer’s Trees.