--- title: "This is how ‘trial by combat’ is totally legal in New York State" description: "In August 2015, Staten Island attorney Richard A. Luthmann motioned a New York State court to allow \"Game of Thrones\" style trial by combat to decide one of his cases. During a lawsuit, Luthmann [allegedly advised a client]() to liquidate…" date: "2019-11-07" modified: "2021-09-09" authors: - name: "Blake Stilwell" job_title: "Editor-In-Chief, Air Force Veteran" link: "https://www.wearethemighty.com/authors/blake/" url: "https://www.wearethemighty.com/popular/this-is-how-trial-by-combat-is-totally-legal-in-new-york-state/" categories: - "Entertainment" --- # This is how ‘trial by combat’ is totally legal in New York State ![]() In August 2015, Staten Island attorney Richard A. Luthmann motioned a New York State court to allow "Game of Thrones" style trial by combat to decide one of his cases. During a lawsuit, Luthmann [allegedly advised a client]() to liquidate his assets and move the funds to where the people suing him couldn't get to them. --- So those people decided to sue Luthmann, who wasn't happy about it. He [asked a judge to sanction an official trial by combat.]() ![]() *I know someone who'd go for it...* His intent was to settle the civil case in "a fight to the death between either party or champions of the party" while highlighting how silly the plaintiff's lawyers were. And less than six months later, the right to a trial by combat was upheld by the New York State Supreme Court. In a 10-page brief, Luthmann details the rights of trial by combat in Medieval England and England's American colonies. The motion to ban the practice was blocked by Parliament in 1774 and was not restricted by the Constitution. Luthman also contends the practice is protected by the Ninth Amendment, which protects the rights mentioned specifically elsewhere in the Constitution. ![]() *Pictured: Justice.* Luthmann wrote in a brief to the New York State Supreme Court: "The allegations made by plaintiffs, aided and abetted by their counsel, border upon the criminal, as such, the undersigned respectfully requests that the court permit the undersigned to dispatch plaintiffs and their counsel to the Divine Providence of the Maker for Him to exact His divine judgment once the undersigned has released the souls of the plaintiffs and their counsel from their corporeal bodies, personally and or by way of a champion." The idea of the request was to initially highlight how ridiculous it was for the party suing Luthmann's client to then sue the counsel for his client for offering legal advice for $500,000. In March 2016, Supreme Court Justice Philip G. Minardo upheld not just Luthmann's right to request a trial by combat to settle the dispute, but also the legality of trial by combat [and its protection under the Constitution of the United States](). Sadly for the entertainment world, Justice Minardo resolved that Luthmann's civil suit would be settled in court, either by a judge or jury. "I believe that the court's ruling is based upon my adversaries' unequivocal statement that they would not fight me," [Luthmann told Staten Island Live](). "Under my reading of the law, the other side has forfeited because they have not met the call of battle. They have declared themselves as cowards in the face of my honorable challenge, and I should go to inquest on my claims." ## Author Blake Stilwell is We Are The Mighty's Editor-in-Chief, covering military news, entertainment, and history, along with veteran education, employment and entrepreneurship. He is a former U.S. Air Force combat cameraman with degrees in Graphic Design, Television and Film, International Relations, Public Relations, Business Management and Middle Eastern Affairs. After leaving the military, he began working in film and television production in New York and Los Angeles, work that included ABC News, NBC Olympics, and HBO Sports. He then spent two years in Washington with White House Communications, before joining the Near East Foundation. At NEF he served as an International Development Fellow, then Communications Officer, and finally, Media Officer for the Middle East and Africa. Based in the Palestinian Territory, he coordinated strategic communications between eight country offices, international media, and government and NGO partners. He began a career focused on writing and editing in 2015 with We Are The Mighty. He left in 2019 for Military.com, but returned as Editor-in-Chief in 2025. Blake’s work has been seen on CBS News, Fox News, CBC, The Chicago Tribune, Task & Purpose, Military Times, Recoil, Skillset, American History, and was shockingly even used in a Supreme Court argument. He is an avid traveler and small business owner in Ohio, where he spends most of his energy fixing up a very old house. ### Author social links [Facebook]() [Twitter]() [Instagram]() [LinkedIn]()