“Paine’s World”

Judge James C. Paine

U.S. District Judge James C. Paine – A totally awesome dude.

[U.S. District Judge James C. Paine, Southern District of Florida, passed away in 2010 after 28 years of distinguished service on the federal bench.]

In a 1992 case, U.S. District Judge James Paine (or maybe a law clerk) took pains to spice up an order rejecting federal removal jurisdiction by managing to work in several references from the movie “Wayne’s World.”

These include subheadings like “Hurling Chunks” and “NOT!”, and the observation that the attempted removal of the case from state to federal court “is untimely and is a defect deemed ‘way’ improvident.”

He concluded his trip to Wayne’s World as follows: “In short, Prime Time’s most bogus attempt at removal is ‘not worthy’ and the Defendants must ‘party on’ in state court.”

To which we say, “WHOA, Judge Paine, was, like, a totally awesome judicial dude!”

Noble v. Bradford Marine, Inc., 789 F. Supp. 395 (S.D. Fla. 1992). Thanks to Melissa Williamson.

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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