Okay, I get it—2020 has been a rough year on everybody. And we all cope in our own different ways. For lawyers and judges, of course, such coping mechanisms often manifest in our work. As a result, we get treated to some of the legal system’s stranger—and often more amusing—moments.
Earlier this year, I wrote about a 42 year-old Michigan man who sued his parents for throwing out his rather extensive collection of adult material—what U.S. District Judge Paul Maloney called “a trove of pornography and an array of sex toys.” For all of you Beastie Boys constitutional law scholars out there, David Werking’s mom “threw away his best porno mags” (Werking did not, however, allege a violation of his right to party). Werking had moved back in with his parents following a 2016 divorce. In December, the federal court granted summary judgment in the son’s favor, finding that the destruction of Werking’s X-rated property satisfied the elements of his claim for conversion. Now, the only issue remaining to be determined is damages, a figure Werking estimates is at least $25,000. As the Beastie Boys so succinctly put it, “Living at home is such a drag.”
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