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Ex-Administrative Judge Loses Appeal in $54M Lost Pants Suit

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BlueJessamine Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 10:49 AM
Original message
Ex-Administrative Judge Loses Appeal in $54M Lost Pants Suit
Source: ABA Journal

A former administrative law judge who claims a dry cleaners lost his pants now faces another loss: the appeal of his $54 million lawsuit against the establishment.

The District of Columbia Court of Appeals affirmed a decision in favor of the cleaners, the Legal Profession Blog reports.

Former administrative judge Roy Pearson had claimed Custom Cleaners failed to live up to its “satisfaction guaranteed” promise when it lost his pants, but a Washington, D.C., judge ruled there was no violation of consumer protection law. On appeal, Pearson argued the promise was "very subjective" and with "no parameters at all."

The appeals court opinion (PDF) said Pearson failed to establish that the signs constituted false or misleading statements, and also said he did not even meet his burden of proof to establish the cleaners lost the pants. Pearson had claimed the pants eventually returned to him were not his, but the court noted many of the pants he took to the cleaners over the course of a few weeks had previously been worn by Pearson's son.

The appeals court said the trial judge showed “basic common sense” when she ruled that the “satisfaction guaranteed” sign should be considered in terms of how it would be understood by a reasonable consumer. The court cited a Wisconsin case holding that the phrase “quality satisfaction guaranteed” is a classic example of puffery on which no one would rely.



Read more: http://www.abajournal.com/news/ex-administrative_judge_loses_appeal_in_54m_lost_pants_suit/
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 10:52 AM
Response to Original message
1. This guys is the like birth cert. nuts.
Hopefully he's done. It would be even better if he were forced to pay the launders legal bills.
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hlthe2b Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 11:00 AM
Response to Reply #1
2. Why isn't he being penalized for frivolous lawsuits...?
I thought the previous judge had nailed him, but I can't recall the details...
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azureblue Donating Member (412 posts) Send PM | Profile | Ignore Thu Dec-18-08 11:02 AM
Response to Original message
3. Let's see
Abuse of process. Abuse of the courts. Abuse under color of authority. Vexatious litigation. Maybe SLAPP. This judge ruined the guy's business with legal fees and bad publicity- I hope the judge gets sued and has to pay for a new business for the dry cleaner. I hope the dry cleaner turns around & sues for $54 million- he'll get it.
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Rebubula Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 11:11 AM
Response to Reply #3
5. Sadly
The dry cleaners packed up and moved back home. This whole incident broke their bank and spirit.

Roy Pearson is a douche of the highest level.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 11:07 AM
Response to Original message
4. Now isn't that a heart-breaker! Boo-hoo. Poor guy can't get his $54 million.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 11:12 AM
Response to Reply #4
7. He was never getting his $54 million.
The launders don't have it. He should have taken his $80 and moved on.
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 11:11 AM
Response to Original message
6. No Justice, No Peace
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 02:38 PM
Response to Original message
8. I hope they sue the pants off him
:P
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