day 13 - ridiculous lawsuits
Flickr User: greyanemone.
Administrative judge Roy Pearson, who became infamous for terrorizing a dry cleaners with a $54 million suit and lost now complains that he shouldn't have to pay their legal fees:
A judge who lost a $54 million lawsuit against his former dry cleaner is fighting the cleaners' attempts to collect attorney fees from him.
Roy L. Pearson filed an opposition to the defendants' motion for attorneys' fees Friday, saying he shouldn't have to pay the $82,907.50 that the Chung family owes to defend themselves against his 2005 lawsuit.
His opposition "is yet another example of his irrational crusade against the Chungs. His arguments are meritless," defense attorney Chris Manning wrote in an e-mail.
It will probably cost the Chungs tens of thousands of dollars in legal fees to try to collect from this idiot. That he can manipulate the legal system to further harass these poor business people is proof that our tort system needs to be severely overhauled.
Here are all my articles on tort reform.
Here is the caption for the photo above:
Reading a book about frivolous/crazy lawsuits, titled 'The True Stella Awards.' Stella was the lady that burned herself with McDonald's coffee and made a successful lawsuit out of it. There are many such lawsuits filed every year, costing billions of dollars tying up the courts. The author of this book champions tort reform and the return of reason. He created the website stellaawards.com.
Shadowscope has the video.
Ruminations of a Christian Conservative Geek and Friends,
Pants Judge May Lose Job
Judge Pearson was appointed as a District Administrative Law Judge in 2005 for an initial two year term. The city commission (Commission on Selection and Tenure of Administrative Law Judges) that reviews the sitting judges for reappointment for an additional ten year term has notified Judge Pearson he may not be reappointed. Pearson has the opportunity to file a rebuttal and then appear before the commission at the next meeting in September.
54 million dollar pants
Photo Credit: Institute for Legal Reform
Truth, Justice & Peace,
No Pants, No Job
Although parties usually each pay their own legal fees, the court can award attorneys fees to be paid if the case is deemed to be frivolous. I would think that this case is a classic case of frivolous litigation, so I would not be surprised if court makes an award in favor of the Chungs.
But that may be moot in the end, since I would be shocked if Pearson ever pays the award. As I noted in They Beat the Pants off Him, an attorney fee award would likely be a hollow victory for the Chungs, since Pearson has few, if any assets to pay the award.
Especially since it now looks like he'll be out of a job in the near future.
On July 24th, the Institute for Legal Reform and the American Tort Reform Association co-hosted a fundraising event for the Chungs, the dry cleaners who were victims of the frivolous $54 million pants lawsuit. Up to that point, over $70,000 had been raised.
Although the judge ruled in the Chungs' favor, the plaintiff is widely expected to appeal that decision, increasing the cost to the Chungs even further. Make a donation to the Chungs' legal defense fund today and send a strong message in support of the Chungs and against frivolous lawsuits.
What hardly makes sense is that during the trial, Pearson confessed to having less than a few thousand dollars in the bank and was collecting unemployment while he was also reportedly an Administrative Judge collecting a salery of $100,512 yearly.
UPDATEThe Chungs have offered to drop their request for Pearson to pay for their legal fees if he will drop the case altogether and quit the appeals. But this moron, lowlife bastard has rejected this generous offer and filed an appeal anyway:
14 Aug 2007,
Pearson Files Intent to Appeal in Pants Suit
Yesterday, the Chungs withdrew their petition to be awarded more than $80,000 in attorney fees, saying they had raised enough to cover their expenses through fundraisring, and that they hoped Pearson would accept the gesture as an "olive branch" to put the case behind all of them. Chris Manning, attorney for the Chungs, issued a statement reacting to the filing:The Chungs continue to be baffled by Mr. Pearson’s actions but are very confident they will prevail on appeal and end this case once and for all....
Mr. Pearson had a choice today – to make peace and acknowledge the Chungs’ amazing generosity in absolving him of paying their fees or to continue with this ridiculous case and meritlessly appeal.
Mr. Pearson, unfortunately, chose desperate irrationality over common sense and decided to appeal—unnecessarily costing the parties’ more wasted time and the DC taxpayers more wasted money.