Disputed Wiffle Ball sold
Last week the Supreme Court decided in a 7-2 decision to uphold a lower court ruling (Whitfield v. Plainco) that essentially forces the litigants to auction a Wiffle Ball and split the proceeds. The ball in question is a 73rd home run Wiffle Ball hit off the bat of Wiffle Ball slugger CM Vallancourt.
In his testimony, plaintiff Brian Whitfield claims that he first had possession of the ball that was knocked free from his hands after being caught in a scrum of two inebriates. Defendant Jarvis Plainco disputed Whitfield's assertion as "rely[ing] on NFL style replay footage to determine the rightful owner of the ball."
The Judge in the case decided to split the difference and split the earnings of the Wiffle ball, a decision that the Supreme Court upheld, with only Scalia and Thomas dissenting. Justice Scalia, in a scathing dissent, asserted that the Court was taking sides in a "culture war," by "recognizing the Wiffle Ball as a potentially significant piece of Americana." Clarence Thomas agreed: "I agree," he said.
The ball was auctioned on eBay for $4.50 plus shipping, an amount not expected to cover the legal expenses of the litigants. "I didn't expect [the Ball] to sell for so much money," said Vallancourt. "I mean it's just a Wiffle Ball that I was hitting around and these two fools start fighting for it. I had to go out and buy a new ball afterward."
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