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John Edwards

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iliana
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USA


25 posted 09-12-2007 02:30 AM       View Profile for iliana   Email iliana   Edit/Delete Message      Find Poems  View IP for iliana

"Although I think the accusers SHOULD be held accountable for frivolous lawsuits, I can also see the other side."

Mike, laws have been on the books in this state for well over 20 years to punish (financially) anyone filing a frivolous lawsuit, particularly the attorney who files it.  Wonder if they don't have that law in Florida, too.  One just never hears about the other side of the coin much because the U.S. Chamber of Commerce, big corporations, insurance and pharmaceutical industry, big builders/construction, railroads, all of them have dumped huge amounts of money into the massive advertisements in all forms of media (including privately held publications) to tilt the scales in their favor.  The goal is to do away with any risk of doing business, a situation that both you and I, as private business owners, would love.  However, you and I (at least I know I won't and suspect you would never consider it either) would never lower our standards, products or ethics for the almighty buck.  The problem with that (taking out any risk of doing business) would be (and is in some cases already) that once the bridle (the potential for litigation) is taken off, the horse runs wild; e.g., OSHA standards are not met, industry standards of production are not met, etc., etc.  Shareholders always want a better bottom line.  

Mike, I wanted to add, that I was blind to all these things before I got involved in the field, myself.....so....I do actually understand where you are coming from.  *smiles*

[This message has been edited by iliana (09-12-2007 03:02 AM).]

Balladeer
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26 posted 09-12-2007 08:14 AM       View Profile for Balladeer   Email Balladeer   Edit/Delete Message      Find Poems   Click to visit Balladeer's Home Page   View IP for Balladeer

hmmm...I wonder if that lawyer fellow who tried to sue the cleaners that lost his pants for 50+ million paid for the costs? It doesn't get more frivolous than that but, last I heard, the cleaners customers were trying to pitch in to help them with the legal expenses incurred...
iliana
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27 posted 09-12-2007 01:02 PM       View Profile for iliana   Email iliana   Edit/Delete Message      Find Poems  View IP for iliana

I thought that was actually a judge.  And, yes, I agree with you that was a stupid case from what we've heard.  You know, judges (many of them) get god-complexes, don't you?
http://www.msnbc.msn.com/id/18471265/

Sounds like he was trying to make this a class action lawsuit, too.  

And here is how it ended.  Justice prevails.  
http://www.washingtonpost.com/wp-dyn/content/article/2007/06/25/AR2007062500443.html

You know, Mike, if the dryclearner had just reimbursed the guy for his pants to start with, then this wouldn't have happened.  But as the old saying goes, "You never want to make a Judge angry."[/URL]

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28 posted 09-12-2007 02:26 PM       View Profile for Balladeer   Email Balladeer   Edit/Delete Message      Find Poems   Click to visit Balladeer's Home Page   View IP for Balladeer

Just reimbursed him for his pants? He offered him 12,000 bucks!
iliana
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29 posted 09-12-2007 02:27 PM       View Profile for iliana   Email iliana   Edit/Delete Message      Find Poems  View IP for iliana

No, they didn't offer anything until the lawsuit was filed.  

"On May 3, he brought in a pair of pants that he planned to wear three days later. But on May 5, they were not ready, and the day after, they were nowhere to be found.

What happened next is perhaps the most significant factual dispute.

Pearson claims that the pants still weren't at the cleaners May 7 and that Soo Chung promised to keep looking. When he returned a week later, Chung tried to give him what she said were the missing trousers. But Pearson said they were not the pants he had left to be altered. Not only was the pattern different, but the pants proffered as his also had, of all things, cuffs. Only once in his adult life, he said, had he worn cuffed pants, and never, he suggested, would he have so altered his treasured Hickey Freeman suit.

Pearson wrote the Chungs, demanding $1,150 to buy a new suit. When the Chungs did not respond, Pearson swung into action, filing a lawsuit that would eventually make him the talk of the town and fodder for late-night comedy."  [exerpted from Article referenced above]

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30 posted 09-12-2007 02:29 PM       View Profile for Balladeer   Email Balladeer   Edit/Delete Message      Find Poems   Click to visit Balladeer's Home Page   View IP for Balladeer

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

That's a comment from your link. How can they be out a lot of money if they won the case then?

Bartnoff ordered Pearson to pay the Chungs' court costs -- likely to be a few thousand dollars -- to cover fees for filings, transcripts and similar expenses. But even bigger troubles loom. She said she will consider making Pearson also pay the couple's attorneys' fees arising from the two-year legal battle. With the legal costs likely to exceed $100,000, however, the Chungs aren't counting on Pearson being able to pay, Manning said

That is from your second link. Justice prevails???? I hardly think so....I'm sure the Chungs don't either. She's going to "consider" making Pearson pay? First , there should be nothing to consider. Second, if she were going to do it, she would just do it, not talk about considering it. As Ayn Rand claimed, "Delay is the past tense of denial". (when asked what that meant by a reporter, Rand said "I'll tell you later", smiled and walked away )

iliana
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31 posted 09-12-2007 02:41 PM       View Profile for iliana   Email iliana   Edit/Delete Message      Find Poems  View IP for iliana

The cost of the legal defense.  Like I explained before, defendants usually have to pay by the hour and it is the defense attorneys who charge that way, rarely the plaintiff's attorney (except in commericial/business litigation).  The article goes on to say that the Plaintiff Judge Pearson will probably be required to reimburse them for the legal fees, and definitely all costs of the litigation -- so he is the one who is going to be out of pocket more than $100,000, not the defendants.  I guess that's what some people pay for the price of ego -- least that's how I see it.
iliana
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since 12-05-2003
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USA


32 posted 09-12-2007 02:45 PM       View Profile for iliana   Email iliana   Edit/Delete Message      Find Poems  View IP for iliana

The way it works, Mike, is if the Judge rules that Judge Pearson has to pay the legal fees, which I bet she would if she inkled that way; then a judgement for that will be entered with the court.  That judgment lets the plaintiffs off the hook as to paying their defense attorney and then it is up to the defense attorney to collect the debt.  If this defense attorney collected that money in advance from his clients, then he should reimburse it, plain and simple, at least the way I see it.  However, not everything is plain and simple in this business.  

I joked about this case with an attorney a few weeks ago, actually.  We both agreed we would not be surprised if the plaintiff in this case wasn't paid under the table by some tort reformer entity to make this big stink just to draw negative attention to litigation once again. I doubt that that is what happened really....that was just a joke.  *smile*

Oh, and btw, every state's laws are different to some degree.  In my state, the loser in this case would most probably have been bound to pay all costs and attorney's fees in a case like this.  Actually, in my state, this lawsuit would never have made it to Court to start with.  I don't know the laws of the District of Columbia ('course not a state at all, but probably has it's own set of laws).    

There are attorneys who do pro bono work.  This is a case that someone should have taken on pro bono, no doubt in my mind.  With as much press as surrounded this case, I just have to wonder why no one stepped up to the bat and offered to take the case for the defendants pro bono or why they did not go through legal aide.  Maybe, they had big egos, too, and thought they would get a better defense if they paid for it?

And the moral of this story is:  Caveat emptor.  (For both the consumer who chose the wrong place to get his pants altered and the drycleaners who hired an attorney who charges such fees that would bankrupt them.)

PS:  In the legal field, when a judge says they will "consider it" usually means a positive outcome, at least from what I've seen.  It also can mean that this is a separate ruling which she has to take under consideration, meaning that this element has to be done separately after her review and is simply a procedural thing.  If she had said, "no comment" or nothing at all, then it would be bad news for the defendants more than likely.  I'd be curious how this turned out.  

PPS:  This is what happened.  
http://en.wikipedia.org/wiki/Pearson_v._Chung

Stupid, stupid lawsuit really.  We can agree on that.  



[This message has been edited by iliana (09-12-2007 11:39 PM).]

 
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