columnizing html5 elements in ie8

[mmelon]

I have some <figure> tags in the markup I am columnizing. To style these in ie8 I am using

<!--[if lt IE 9]>
<script src="http://html5shim.googlecode.com/svn/trunk/html5.js&quot;&gt;&lt;/script&gt;
<![endif]-->

When I call

$('.columnWrapper').columnize({width:300, lastNeverTallest: true,doneFunc: function() {keepRhythm()} });

with the above included in the head, I get

'nodeType' is null or not an object.

with the html5 shim removed all is fine.

For now am going to replace <figure> with <div class="figure"> but a fix would be brilliant.

Kind regards,
Mike

[adamwulf]

are the conditional comments inside the code you're columnizing? if so, can you move that include to the or elsewhere in the body. i suspect the conditional comments are causing the issue