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Date: Wed, 21 Mar 2001 11:15:02 -0500
From: "Stephen A. Scott"
Subject: Re: Judge Judy
To: Lionel Smith

My recollection is that she found for the plaintiff (the guy in the audience who had bought the ticket from the original purchaser) and against the defendant (who had originally bought the ticket with his credit card and received the refund).

I disagree with her decision. Seinfeld himself might have had a right of recovery against the original purchaser, on the ground that the refund was paid in error. He might then give the same amount to the man in the audience, though I think he could not be compelled to carry out even a previously-announced promise of benefaction or incomplete act benefaction. But there seems to me no acceptable basis for saying that, in any sense, defendant had plaintiff's money.

Will try to find the tape and copy it for you shortly.

Date sent: Wed, 21 Mar 2001 10:51:34 -0500
From: Lionel Smith
Subject: Judge Judy

Hi Stephen,

The general consensus among restitution lawyers seems to be that it is difficult to permit the claim. We are now collectively desperate to know what the learned judge decided.

Thanks,

Lionel