Saturday, August 11, 2007

No Pants, No Job


Every once in a while, I get one of those stories that I just can't let go.

The Case of the Missing Pants, a/k/a Roy Pearson's quest to strike it rich after his dry cleaner lost his pants, while masquerading as an ALJ in DC, is definitely one of them. See, e.g. Hell Hath No Fury . . ., Another Pair of Pants, and Zippo for a few previous posts. He is one of those lawyers that either gives lawyers a bad name or makes the rest of us look good in comparison. Being of the optimistic sort, I prefer the latter view.

In the latest installment, Pearson has filed his response to the cleaners' motion for attorneys fees, after he was soundly beaten in court. The Washington Post notes, in Judge Tries to Avoid Paying Legal Bills Of Cleaners He Sued Over Missing Pants:

In a filing yesterday in D.C. Superior Court, Administrative Law Judge Roy Pearson said he should not be forced to pay legal fees to the dry cleaners he sued over a missing pair of pants.

A case that took nearly two weeks to decide could hardly be considered frivolous, Pearson said in a 65-page brief. The trial judge's written verdict did not take such a charitable view of Pearson's case, dismissing his allegations outright.
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. As the Post reported the other day, Litigious Judge's Future Unclear:
A city commission has voted to formally notify Administrative Law Judge Roy Pearson that he may not be reappointed to the bench, according to a government source.
For an interesting piece on Pearson, see Pants Judge Could Be on His Last Leg. The Legal Times article noted:
In an interview last week with Legal Times, Butler said that Pearson “is an annoyance like a mosquito bite.” “The pants lawsuit was actually not unexpected, knowing the personality. Up to that time, I was still pretty sure he was not going to make a good judge,” Butler says. “That’s almost like another straw added to the others.”
See also, Roy Pearson: From Pseudo-Judge To Ex-Pseudo-Judge?.

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