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Tag: raffle

Yeah! And Where Are My Lottery Winnings?

By The Wizard of Laws, Section News
Posted on Tue Mar 24, 2009 at 12:58:56 PM EST
Tags: lawsuits, lawyers, lottery, raffle (all tags)

Just when you thought every ridiculous lawsuit had already been filed, along comes Luther D. McCaskill with his attorney, Tracie Gittleman.

Apparently, McCaskill came unglued when he learned that his children had not been selected in the lottery used to select the incoming 2009-10 kindergarten class at Highmeadow Common Campus Elementary School in the Farmington Public Schools. His claim, according to the Detroit News, is that the ballots were never shaken (or stirred, presumably), and that all selections were made "off the top" without reaching into the middle or the bottom.

McCaskill and Gittleman want the Oakland County Circuit Court to issue an injunction voiding the previous lottery and requiring the school district to have a do-over.

Let's all applaud this noble effort and ponder the lessons Mr. McCaskill and his lawyer are teaching the McCaskill children:

Never accept any decision you don't like.
If you lose at a random drawing or a competition, it's not chance -- the fix was in!
If you experience adversity, don't try to make the best of things.
Always make sure your first resort is a lawsuit! (Okay, as a lawyer, I actually sort of agree with this one).

I once represented a couple that tried to raffle their house. The tickets clearly said, "X tickets must be sold or there will be no raffle" or words to that effect. Well, X tickets were not sold, so they refunded everyone's money. One ticket buyer didn't want his money back, however; he wanted the house. So he sued, asking the court to require the couple to have the raffle, even if his was the only ticket in it.

The court rightly threw that guy out on his ear, which is exactly what should happen with McCaskill. As for Ms. Gittleman, she should spend some time learning why attorneys are referred to as "counselors."

And oh yeah, I want the last lottery drawing done over!

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