Another frivolous lawsuit - $65 mill for a pair of pants...

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Lalanae
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Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Lalanae »

http://news.yahoo.com/s/ap/20070503/ap_ ... llar_pants

This really pisses me off. The guy suing should be counter-sued, lose his job, and thrown in jail. I'd be pleased if he was beaten to a pulp too.
WASHINGTON - The Chungs, immigrants from South Korea, realized their American dream when they opened their dry-cleaning business seven years ago in the nation's capital. For the past two years, however, they've been dealing with the nightmare of litigation: a $65 million lawsuit over a pair of missing pants.

Jin Nam Chung, Ki Chung and their son, Soo Chung, are so disheartened that they're considering moving back to Seoul, said their attorney, Chris Manning, who spoke on their behalf.

"They're out a lot of money, but more importantly, incredibly disenchanted with the system," Manning said. "This has destroyed their lives."

The lawsuit was filed by a District of Columbia administrative hearings judge, Roy Pearson, who has been representing himself in the case.
Pearson did not return phone calls and e-mails Wednesday from The Associated Press requesting comment.

According to court documents, the problem began in May 2005 when Pearson became a judge and brought several suits for alteration to Custom Cleaners in Northeast Washington, a place he patronized regularly despite previous disagreements with the Chungs. A pair of pants from one suit was not ready when he requested it two days later, and was deemed to be missing.

Pearson asked the cleaners for the full price of the suit: more than $1,000.

But a week later, the Chungs said the pants had been found and refused to pay. That's when Pearson decided to sue.

Manning said the cleaners made three settlement offers to Pearson. First they offered $3,000, then $4,600, then $12,000. But Pearson wasn't satisfied and expanded his calculations beyond one pair of pants.

Because Pearson no longer wanted to use his neighborhood dry cleaner, part of his lawsuit calls for $15,000 — the price to rent a car every weekend for 10 years to go to another business.

"He's somehow purporting that he has a constitutional right to a dry cleaner within four blocks of his apartment," Manning said.

But the bulk of the $65 million comes from Pearson's strict interpretation of D.C.'s consumer protection law, which fines violators $1,500 per violation, per day. According to court papers, Pearson added up 12 violations over 1,200 days, and then multiplied that by three defendants.

Much of Pearson's case rests on two signs that Custom Cleaners once had on its walls: "Satisfaction Guaranteed" and "Same Day Service."

Based on Pearson's dissatisfaction and the delay in getting back the pants, he claims the signs amount to fraud.

Pearson has appointed himself to represent all customers affected by such signs, though D.C. Superior Court Judge Neal Kravitz, who will hear the June 11 trial, has said that this is a case about one plaintiff, and one pair of pants.

Sherman Joyce, president of the American Tort Association, has written a letter to the group of men who will decide this week whether to renew Pearson's 10-year appointment. Joyce is asking them to reconsider.

Chief Administrative Judge Tyrone Butler had no comment regarding Pearson's reappointment.

The association, which tries to police the kind of abusive lawsuits that hurt small businesses, also has offered to buy Pearson the suit of his choice.

And former National Labors Relations Board chief administrative law judge Melvin Welles wrote to The Washington Post to urge "any bar to which Mr. Pearson belongs to immediately disbar him and the District to remove him from his position as an administrative law judge."

"There has been a significant groundswell of support for the Chungs," said Manning, adding that plans for a defense fund Web site are in the works.

To the Chungs and their attorney, one of the most frustrating aspects of the case is their claim that Pearson's gray pants were found a week after Pearson dropped them off in 2005. They've been hanging in Manning's office for more than a year.

Pearson claims in court documents that his pants had blue and red pinstripes.

"They match his inseam measurements. The ticket on the pants match his receipt," Manning said.
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Post by Boogahz »

The lawsuit was filed by a District of Columbia administrative hearings judge, Roy Pearson, who has been representing himself in the case.
This is the part that pissed me off the most after reading the entire story.
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Post by Truant »

Yeah, the fact that a judge was the one behind the lawsuit was what blew my mind.

Like any of his associates are going to hear that trial and not kick him in the balls afterwards in the breakroom.
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Post by Vaemas »

That's fucked up.
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Post by Winnow »

Does Korea have a mafia? They need to get involved if so!
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Post by Swoned »

Apparently this guy Pearson has let his role as an administrative judge to to his head. I really don't see what could compell someone to pursue such a ridiculous lawsuit. I mean, the Chungs even offered to settle for $12,000.

The Chungs should file a counter-suit against this judge on the basis of being a complete asshat.
Last edited by Swoned on May 3, 2007, 1:33 pm, edited 1 time in total.
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Post by Hesten »

I wonder if i can sue the judge because i read about the case and want to follow it on the net. Ill need computer cost, time spend, power consumption, snack costs, and so on.

Itll be just a relevant lawsuit as his is.
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Post by Keverian FireCry »

If someone fucked me over after taking my pants I'd marry them, not sue them.
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Post by Winnow »

Maybe the judge just wanted to say, "I've got 65 million, in my pants"
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Post by kyoukan »

Truant wrote:Yeah, the fact that a judge was the one behind the lawsuit was what blew my mind.

Like any of his associates are going to hear that trial and not kick him in the balls afterwards in the breakroom.
are you joking? they are probably high fiving him for "messing with a bunch of fucking chinks."

the legal system in your country is completely broken all the way up to the level of judges. it would be hilarious if it did not ruin the lives of honest hardworking people.

most judges I've come across with in Canada are completely beneath my contempt as well though.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Dregor Thule »

A judge on Monday ruled in favor of a dry cleaner that was sued for $54 million over a missing pair of pants in a case that garnered international attention and renewed calls for litigation reform.

District of Columbia Superior Court Judge Judith Bartnoff ruled that the Korean immigrant owners of Custom Cleaners did not violate the city's Consumer Protection Act by failing to live up to Roy L. Pearson's expectations of the "Satisfaction Guaranteed" sign that was once placed in the store window.

"Plaintiff Roy L. Pearson, Jr. takes nothing from the defendants, and defendants Soo Chung, Jin Nam Chung and Ki Y. Chung are awarded the costs of this action against the plaintiff Roy L. Pearson, Jr.," the ruling read.

Pearson, an administrative law judge, originally sought $67 million from the Chungs after he claimed they lost a pair of suit trousers and later tried to return a pair that he said was not his. He arrived at the figure by adding up years of law violations and almost $2 million in common law claims. Pearson later dropped demands for damages related to the pants and focused his claims on signs in the shop, which have since been removed.

Chris Manning, the Chungs' attorney, countered that no reasonable person would interpret the signs to be an unconditional promise of satisfaction.

The two-day trial earlier this month drew a standing-room-only crowd, including many Korean and international media outlets covering the story. It even overshadowed the drunken driving trial of former Mayor Marion Barry.

The Chungs also said the trial had taken an enormous financial and emotional toll on them and exposed them to widespread ridicule.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Nick »

Good! =D> =D> =D> =D> =D>
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Boogahz »

"Plaintiff Roy L. Pearson, Jr. takes nothing from the defendants, and defendants Soo Chung, Jin Nam Chung and Ki Y. Chung are awarded the costs of this action against the plaintiff Roy L. Pearson, Jr.," the ruling read.
I haven't had time to look up any more info on this, but am I assuming correctly that this means the plaintiff will have to pay the attorney fees for the shop-owners?
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Fash »

Boogahz wrote:
"Plaintiff Roy L. Pearson, Jr. takes nothing from the defendants, and defendants Soo Chung, Jin Nam Chung and Ki Y. Chung are awarded the costs of this action against the plaintiff Roy L. Pearson, Jr.," the ruling read.
I haven't had time to look up any more info on this, but am I assuming correctly that this means the plaintiff will have to pay the attorney fees for the shop-owners?
you are correct, sir. I hope it's expensive too.. there should be considerable punishment for ridiculous litigation.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by cid »

Should cost him his job as well. Talk about abusing ones power.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Boogahz »

cid wrote:Should cost him his job as well. Talk about abusing ones power.
That was the general idea I heard from the talking heads and their "experts" over the weekend as well.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Sueven »

I'm not sure that attorneys fees are included in 'costs.' I haven't read much about it, but the two things are distinct, so it's possible that they're not coextensive in this case.

As for him losing his job, I agree he should, but I'm not positive he will. He's an Administrative Law Judge, which is different than a traditional judge, and their job status is determined differently. If he had an elected judgeship, it'd be easy to get rid of him, as I can't imagine he wouldn't be voted out. However, I don't think that D.C. does judicial elections, and it's irrelevant anyway, because ALJ's aren't selected in the same manner that traditional judges are. The initial article posted on this thread said that Pearson was up for a 10 year re-appointment. Assuming that he wasn't fired at that point, I don't know how anyone could go about removing him from his position. At this point, he hasn't technically done anything other than lose a lawsuit, and it's hard to justify firing someone for trying to protect their legal rights via litigation-- no matter how obviously absurd and exploitive that litigation might have been.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Boogahz »

Bartnoff awarded court costs to the Chungs, who have spent tens of thousands of dollars on the case. They are attempting to have their attorney's fees paid by Pearson.
CNN.com answered my question.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Kaldaur »

Yeah, the court costs were awarded to the Chungs. They will, however, have to file a separate motion to receive payment for their attorney fees.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by masteen »

Kaldaur wrote:Yeah, the court costs were awarded to the Chungs. They will, however, have to file a separate motion to receive payment for their attorney fees.
The good news is that their lawyer will be VERY motivated to win that, as I imagine getting cash from a fat-cat judge is easier than a family of Koreans who've been dragged through the legal mud.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Sueven »

Apparently the mayor held off on the re-appointment until the resolution of the lawsuit. Thus, it's possible that he will lose his job.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by miir »

Update...

http://news.google.com/news?hl=en&q=Roy ... a=N&tab=wn
Lost pants, lost $54 million lawsuit, lost job: DC judge who sued over missing slacks ousted


Associated Press - November 14, 2007 4:03 AM ET
WASHINGTON (AP)

A D.C. judge who lost his pants, then lost a lawsuit over the pants, has now lost his job.

Officials in Washington decided not to reappoint Roy Pearson to his post as an administrative law judge in the city. He served for two years and his term expired in May. Officials revealed the decision in response to a Freedom of Information Act request from The Associated Press. Other news media reported the decision last month, citing sources.

Pearson had taken a business called Custom Cleaners to court earlier this year over a missing pair of pants, saying the cleaner didn't live up to his expectation of "Satisfaction Guaranteed."

Pearson demanded repayment for the pants, as well as damages for inconvenience, mental anguish and attorney's fees for representing himself. The total he came up with was $67 million.

He later lowered his request to $54 million, but still lost the suit.
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Re: Another frivolous lawsuit - $65 mill for a pair of pants...

Post by Lalanae »

well there is justice after all!
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