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Wednesday, March 25, 2009

Ind. Decisions - Two interesting non-Indiana opinions today from 7th Circuit

The first, U.S. v. Approximately 81,454 Cans OF Baby Formula, is a Judge Posner opinion, but it caught my eye because of its name.

The second, Staub v. Proctor Hospital, a 21-page opinion by Judge Evans, has this intriguing introduction:

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.

Posted by Marcia Oddi on March 25, 2009 11:27 AM
Posted to Ind. (7th Cir.) Decisions