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Sinus tabby A woman who claimed that she is allergic to her ex-husband’s cat cannot prevent their two children from visiting their father’s home. Acting Supreme Court Justice Hope S. Zimmerman of Nassau County, N.Y., found no “legal or factual basis to exclude the children” from their father’s apartment. The feline in question, an 18-month-old orange and white male tabby named Indie, was acquired by Stanley Mandel in 2006 after he moved out of the home he shared with Susan Mandel. Susan Mandel is allergic to dogs, cats and certain foods. She testified that she was hospitalized with a “severe attack brought on by exposure to the cat” through the couple’s teenage sons. Stanley Mandel testified that she did not object to the children visiting him at the home until he stopped paying the mortgage on the marital residence. The judge said she could no find no legal precedent to cover the situation. Some case law ordered parents who smoked to refrain from lighting up at home, so as not to expose the kids. However, she found that Indie’s presence offered no basis for similar restrictions. Instead, the judge said that Susan Mandel should “make a change of clothes available in the garage for the children.” In turn, the children will take “the reasonable precaution” of changing their clothes before re-entering their home after visits with their father. � New York Law Journal Wit and whimsy of Justice Scalia U.S. Supreme Court Justice Antonin Scalia may be thriving in the limelight these days, but he has his limits: He’s not interested in becoming vice president on Senator John McCain’s ticket. “C’mon, ask my wife. I’m a lousy politician,” Scalia said in an interview with NPR’s Nina Totenberg as part of the publicity tour for his new book. “That’s not my . . . style.” Said Totenberg, “You’d put your foot in your mouth, you think?” To which Scalia replied, “No, I wouldn’t put my foot in my mouth. I might say what I thought.” Scalia has certainly been doing that in interviews with 60 Minutes, NPR and the ABA Journal about the book he co-authored with Bryan Garner, called Making Your Case: The Art of Persuading Judges. Book sales clearly have benefited from the avalanche of publicity. As of its publication date early last week, Making Your Case had reached No. 6 on the Amazon.com best-seller list, just edging out Hungry Girl, a sort of chick-lit cookbook. A day earlier, Scalia’s book was No. 522. As humorous as he himself can be, Scalia advises advocates to use humor sparingly, if at all. In his interview with the ABA Journal, Scalia said, “You may not be as good a humorist as you think because appropriate humor takes a real sense of what you can get away with.” He added: “And secondly, not every judge has a sense of humor.” But when a judge uses humor from the bench, Scalia’s advice is unimpeachable: “You should laugh at their jokes.” � Legal Times Cruel and unusual An inmate awaiting trial for murder is suing his jailers, complaining that he has lost more than 100 pounds because of the jailhouse menu. Broderick Lloyd Laswell isn’t happy that he’s down to 308 pounds after eight months in the Benton County, Ark., jail. He has filed a federal lawsuit complaining the jail doesn’t provide inmates with enough food. Laswell weighed 413 pounds when he was jailed in September. “If we are in a small pod all day [and] do next to nothing for physical exercise, we should not lose weight,” the in pro per suit says. “The only reason we lost weight in here is because we are literally being starved to death.” � Associated Press

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