A New York lawyer accused of aiding a fraudulent transfer* has taken his cue from Game of Thrones and demanded the right to settle his case in a trial by combat. Attorney Richard Luthmann of the Iron Islands… sorry, of Staten Island has been accused of aiding a client in committing fraudulent transfer. He has filed papers with the State Supreme Court claiming his right to fight to the death to clear his name. “Defendant invokes the common law writ of right and demands his common law right to Trial By Combat as against plaintiffs and their counsel, whom plaintiff wishes to implead into the Trial By Combat by writ of right,” reads his court filing.
Luthmann argues that the U.S. has never actually outlawed the practice. “No American court in post-independence United States to the undersigned’s knowledge has addressed the issue, and thus the trial by combat remains a right reserved to the people and a valid alternative to civil action.” The Supreme Court has yet to rule on Luthmann’s claim. At the very least, it might do some good and actually prevent petty lawsuits. After all, would you want to face this guy just because you didn’t like the fact that your neighbor’s bushes are blocking your view?
*Fraudulent Transfer is a wrongful transfer of assets that need not be intentional and the remedy is simply to unwind the transaction. The Plaintiff’s frivolous complaint does not allege a cause of action that requires intent.