Thursday, December 28, 2017
Trial by Combat
In an article published earlier this year in the Journal of Passthrough Entities, I considered the range of mechanisms for resolving disputes in business organizations. That article, Rock Paper Scissors Lizard Spock and Other Innovative Dispute-Resolution Mechanisms (HERE IS A LINK to that article) included a discussion of trial by combat. Therein, I noted that the recent Delaware decision had rejected trial by combat as an acceptable means of resolving disputes, and is well noted the problem that could arise under various state laws against dueling.
By happenchance, I recently stumbled upon a short article discussing a New York case in which an attorney, who was alleged had assisted a client in an undertaking a fraudulent conveyance, demanded the right to protect his honor by a trial by combat. While the court would not ultimately award that remedy, it was acknowledged a trial by combat, at least in the view of that judge, remains available under New York law.
HERE IS A LINK to that article.