/ May 22, 2009

Giuliani Will Probably Lose Breach of Contract Suit Against Duke University Golf Team

In his memorandum opinion making continuous references to playing golf, U.S. Magistrate Judge Wallace Dixon recommended that Andrew Giuliani (son of former New York Mayor Rudy Giuliani) lose his breach of contract suit against Duke University. Giuliani claims that the Duke University golf coach manufactured accusations against him in order to kick him off the golf team when he was a junior in 2008.

Among the numerous golf puns is a paragraph where Dixon compares Giuliani’s argument to a scene from Caddyshack*:

“Plaintiff’s promissory estoppel claim, which was not argued in his brief, brings to mind Carl Spackler’s analysis from the movie Caddyshack (Orion Pictures 1980): ‘He’s on his final hold. He’s about 455 yards away, he’s gonna hit about a 2 iron, I think.’ North Carolina does not recognize affirmative claims of promissory estoppel…”

Above the Law did a great job of collecting media golf references in reporting the Giuliani story:

ESPN: Giuliani’s lawsuit against the school did not make par.

NY Daily News: Andrew Giuliani…ended in the rough this week.

The News and Observer: …Andrew Giuliani’s case belongs in the drink.

Read this opinion on Fastcase here. If you don’t have a subscription, feel free to use a free 24 hour trial.

Source: NY Times

*Watch Bill Murray’s original performance of Judge Dixon’s Caddyshack quote here.

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