Judge tosses $54 million suit over missing pants
POSTED: 12:11 p.m. EDT, June 25, 2007
WASHINGTON (CNN) -- A judge in the District of Columbia has dismissed a case against a dry cleaner who was sued for $54 million in damages over a pair of missing pants.
Roy L. Pearson, an administrative law judge, originally sought $67 million from the Chung family, owners of Custom Cleaners. He claimed they lost a favorite pair of his suit trousers and later tried to give him a pair that he said was not his.
Custom Cleaners did not violate the city's Consumer Protection Act by failing to live up to Pearson's expectations of the "Satisfaction Guaranteed" sign displayed in the store window, Superior Court Judge Judith Bartnoff ruled.
Pearson claimed that a sign was an unconditional warranty that required the defendants to honor any claim by any customer without limitation.
He calculated the amount of damages by estimating years of violations, then adding almost $2 million in common-law claims for fraud.
The Chungs denied Pearson's allegations and insisted that the pants were the same pair he brought in to be altered in May 2005.
Pearson represented himself during a two-day trial earlier this month and claimed millions of dollars in attorney fees and millions more in punitive damages for what he claimed was fraudulent advertising.
The Chungs' attorney argued that no reasonable person would interpret the sign to mean an unconditional promise of satisfaction, and Bartnoff agreed.
In a 23-page finding of fact, Bartnoff wrote: "A reasonable consumer would not interpret 'Satisfaction Guaranteed' to mean that a merchant is required to satisfy a customer's unreasonable demands or accede to demands that the merchant has reasonable grounds to dispute."
Pearson had "not met his burden of proving that the pants the defendants attempted to return to him were not the pants he brought in for alteration," the judge concluded.
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.
"Judge Bartnoff has spoken loudly in suggesting that, while consumers should be protected, abusive lawsuits like this will not be tolerated," the Chungs' attorney, Christ Matting, said. "Judge Bartnoff has chosen common sense and reasonableness over irrationality and unbridled venom."
Soo Chung said during the trial that "economically, emotionally and healthwise as well, it has been extremely hard for us." She started the business with her husband after they moved to the United States in 1992.
It's not known whether Pearson will appeal the ruling.
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- Omega_Destroyer
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I called it.
And the chickens. Those damn chickens.
- Omega_Destroyer
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- winterfate
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What does an ALJ do exactly?
As for that news article...sheesh!
54 million for pants, what were they made of?!
As for that news article...sheesh!
54 million for pants, what were they made of?!
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You need to take the pain, learn from it and get back on that bike... - stefan
Sometimes the hearts most troubled make the sweetest melodies... - winterfate
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What? JUSTICE being served? NOOOOOOOOOOOOOOOOOOOOOOO................
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- Thelonious
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This is BS... and the US seems like a lot of BS to me... at least from the legal point of view... How can someone go to court over a pair of pants, people?!!!!
How can you waste the time of all those people, pay attorneys and all just for something like that... Not to mention the abundance of trials with STUPID claims that actually succeed...
god... and we were talking about rape in another thread... jeez... no wonder nothing works there...
Nevertheless, I think it must really pay being a lawyer in that country...
How can you waste the time of all those people, pay attorneys and all just for something like that... Not to mention the abundance of trials with STUPID claims that actually succeed...
god... and we were talking about rape in another thread... jeez... no wonder nothing works there...
Nevertheless, I think it must really pay being a lawyer in that country...
- Omega_Destroyer
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HUH?... like, when did I ever bash except this time?... hmmm...I'm sick of your continuous bashing of the US okrane. We are all aware of how strongly you dislike my country, so please stop bringing it up.
I see you've edited that... still my question still holds... regardless of the French attitude towards the US, I would like an example when you asked me not bash your country???I'll ask you once more okrane, please stop bashing my country all of the forums; we are all aware of French sentiment towards the US.
- Omega_Destroyer
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Judging by the tone of your response, I guess it wasn't you who trashed the US multiple times. Or if it was, I didn't say anything. My apologies, I posted too rashly.
Last edited by Omega_Destroyer on 26 Jun 2007, 14:45, edited 1 time in total.
And the chickens. Those damn chickens.
it's ok... no harm done...
I am not the one doing the US bashing around here... I cannot say and am for or against the US...
still, you have to admit, the news there is certainly a proof of some flaws in the american legal system... so that's why the colorful remarks...
sorry if it seemed inappropriate....
I am not the one doing the US bashing around here... I cannot say and am for or against the US...
still, you have to admit, the news there is certainly a proof of some flaws in the american legal system... so that's why the colorful remarks...
sorry if it seemed inappropriate....
- Omega_Destroyer
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No need to apologize okrane. I was the one who was out of line. But let us put this past us.
Anyways, going back to the case about the judge and the pants, US citizens were outraged by such a ridiculous suit. I would not be surprised to see that judge getting disciplined for such abuse of the system. It's certainly not a perfect system, but at least there is some tort reform out there.
And to answer your question Fate, an Administrative Law Judge tries Administrative cases. It's fairly self-explanatory. Instead of going through the courts, agencies (which have executive, legistlative, and judicial power [which raises all sorts of Seperation of Powers issues]) are allowed to hear cases that fall withing their legislative authority. For example: The Federal Communications Commission is in charge of handling the contnet of TV programs and they promulgate rules that act as guidelines. (Adminstrative rules, properly enacted, have the force and effect of a law passed by the Legislature). If you are found in violation of an agency order, you have to first go before an agency and plead your case. If you lose then you can take it to an appellate court to challange the validity of that agency's rule making authority.
Anyways, going back to the case about the judge and the pants, US citizens were outraged by such a ridiculous suit. I would not be surprised to see that judge getting disciplined for such abuse of the system. It's certainly not a perfect system, but at least there is some tort reform out there.
And to answer your question Fate, an Administrative Law Judge tries Administrative cases. It's fairly self-explanatory. Instead of going through the courts, agencies (which have executive, legistlative, and judicial power [which raises all sorts of Seperation of Powers issues]) are allowed to hear cases that fall withing their legislative authority. For example: The Federal Communications Commission is in charge of handling the contnet of TV programs and they promulgate rules that act as guidelines. (Adminstrative rules, properly enacted, have the force and effect of a law passed by the Legislature). If you are found in violation of an agency order, you have to first go before an agency and plead your case. If you lose then you can take it to an appellate court to challange the validity of that agency's rule making authority.
And the chickens. Those damn chickens.
- theLuckyDragon
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@okrane
No legal system is without its flaws. And ours has many, that's to be sure. But, it's obviously not too bad and works for the most part, because the US is one of the best places in the world to live, despite all of our b*tching about it.
No legal system is without its flaws. And ours has many, that's to be sure. But, it's obviously not too bad and works for the most part, because the US is one of the best places in the world to live, despite all of our b*tching about it.
"What men are poets who can speak of Jupiter if he were like a man, but if he is an immense spinning sphere of methane and ammonia must be silent?" - Richard P. Feynman
- Omega_Destroyer
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Look, the US is not a perfect society... far from it. But none of the other nations can claim right to perfection either. Do you like it when Americans (and others) judge a country based on their behaviour at futbol/football matches?
US will (and does) get bashed since it is a well known society both for it's size and for it's "superpower" status that it has since WWII. I'm sure that China get's a pretty good bashing too, especially since it is the main contender for "superpower" now, as well as India will as it's population and GNP continue to grow to rival China.
One important thing to remember is perception is a two way street. Just because you see something on TV or on these boards (man sues for 54M for pants) don't assume that every one in my country sues people - we backlashed that prick so good that he'll probably never hear his first case on the bench. We also aren't Paris Hilton, the fat people on The Biggest Loser, or President George Dub-ya Bush.
We do not have the monoply on crazy people, but we do have a fair share. Go sell ultra-patriotism somewhere inside your borders - it just won't work on an international melting pot like Celestial Heavens (unless we're talking Nature versus Death).
(jumps off soap box)
US will (and does) get bashed since it is a well known society both for it's size and for it's "superpower" status that it has since WWII. I'm sure that China get's a pretty good bashing too, especially since it is the main contender for "superpower" now, as well as India will as it's population and GNP continue to grow to rival China.
One important thing to remember is perception is a two way street. Just because you see something on TV or on these boards (man sues for 54M for pants) don't assume that every one in my country sues people - we backlashed that prick so good that he'll probably never hear his first case on the bench. We also aren't Paris Hilton, the fat people on The Biggest Loser, or President George Dub-ya Bush.
We do not have the monoply on crazy people, but we do have a fair share. Go sell ultra-patriotism somewhere inside your borders - it just won't work on an international melting pot like Celestial Heavens (unless we're talking Nature versus Death).
(jumps off soap box)
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If I were a flower, I'd be a really big flame-throwing flower with five heads.
If I were a flower, I'd be a really big flame-throwing flower with five heads.
Now this is retarded...
Knock-out name for baby girl
Baby Autumn Brown has a name to live up - in fact she has over 25 of them.
The little girl's mother Maria, in keeping with her boxing-mad family's bizarre tradition, decided to give her 25 middle names - all culled from the greatest exponents inside the ring.
Her full name, which left register office staff in Perton, Wolverhampton reeling is: Autumn Sullivan Corbett Fitzsimmons Jeffries Hart Burns Johnson Willard Dempsey Tunney Schmeling Sharkey Carnera Baer Braddock Louis Charles Walcott Marciano Patterson Johansson Liston Clay Frazier Foreman Brown.
Maria told the city's Express and Star: "The whole thing came about because both my mum and dad are obsessed with boxing and have a bit of a daft sense of humour.
"When I was young I couldn't ever remember my name. It took me to the age of 10 to memorise it all."
The 33-year-old mother added: "I'm hoping Autumn has a good sense of humour with her name. It's never done me any harm though."
I, for one, am dying to find out what colour they paint Michael's toenails.
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