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Cards against Humanity sues SpaceX
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<blockquote data-quote="Snarf Zagyg" data-source="post: 9465019" data-attributes="member: 7023840"><p>I guess I'm like Beetlejuice, except it only takes one mention? <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f914.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":unsure:" title="Unsure :unsure:" data-smilie="24"data-shortname=":unsure:" /></p><p></p><p>Okay, these are my brief thoughts as I run through this-</p><p></p><p>1. It's a complaint filed in state court in Texas. YEE-HAW! I had to deal with some Texas state civil procedure a short while ago, and it is ... well, different. So apologies if I miss some Texas-specific issues.</p><p></p><p>2. Filed in state court, although it appears that there is diversity jurisdiction. Curious to see if SpaceX tries to remove it to federal court.</p><p></p><p>3. Okay, so factually this is about a piece of land (owned by plaintiff, CAH) that someone else is using as their own without permission of the landowner (that would be SpaceX). </p><p></p><p>4. Cause of action for trespass? That seems like a slam dunk. I don't know about Texas law, but usually trespass doesn't require stuff like, um, intent. It's strict liability (subject to defenses). </p><p></p><p>5. Cause of action for nuisance? Interesting. Usually this is when an adjacent property owner's actions on their own property are interfering with your own use of your property. This goes to paragraph 18 (activities on other land), but slightly more interesting because AFAIK CAH isn't using their land currently. </p><p></p><p>6. Cause of action for unjust enrichment? Sure, this is just, "SpaceX is making money off of this, and we need to be compensated." </p><p></p><p>7. Tortious interference is the basic "This will disrupt the great relations we have with our supporters who gave us money to buy this land and keep it pristine." </p><p></p><p></p><p>There's not a lot to analyze here, other than trespass is a slam dunk and everything else is additive to that. </p><p></p><p></p><p>Don't mess with people's land.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 9465019, member: 7023840"] I guess I'm like Beetlejuice, except it only takes one mention? :unsure: Okay, these are my brief thoughts as I run through this- 1. It's a complaint filed in state court in Texas. YEE-HAW! I had to deal with some Texas state civil procedure a short while ago, and it is ... well, different. So apologies if I miss some Texas-specific issues. 2. Filed in state court, although it appears that there is diversity jurisdiction. Curious to see if SpaceX tries to remove it to federal court. 3. Okay, so factually this is about a piece of land (owned by plaintiff, CAH) that someone else is using as their own without permission of the landowner (that would be SpaceX). 4. Cause of action for trespass? That seems like a slam dunk. I don't know about Texas law, but usually trespass doesn't require stuff like, um, intent. It's strict liability (subject to defenses). 5. Cause of action for nuisance? Interesting. Usually this is when an adjacent property owner's actions on their own property are interfering with your own use of your property. This goes to paragraph 18 (activities on other land), but slightly more interesting because AFAIK CAH isn't using their land currently. 6. Cause of action for unjust enrichment? Sure, this is just, "SpaceX is making money off of this, and we need to be compensated." 7. Tortious interference is the basic "This will disrupt the great relations we have with our supporters who gave us money to buy this land and keep it pristine." There's not a lot to analyze here, other than trespass is a slam dunk and everything else is additive to that. Don't mess with people's land. [/QUOTE]
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