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n3ptne
Joined: 14 Sep 2005 Location: Poh*A*ng City
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Posted: Fri May 11, 2007 5:46 pm Post subject: $65 Million Pair of Pants |
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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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DrewAgain
Joined: 07 Dec 2004 Location: Canada
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Posted: Wed Jun 27, 2007 9:22 am Post subject: |
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Here's the latest:
http://www.koreatimes.co.kr/www/news/nation/nation_view.asp?newsIdx=5405&categoryCode=117
Quote: |
Dry Cleaner Owners Win 'Missing Pants' Lawsuit.
Korean-American owners of a dry cleaner, who on Monday won a $54 million lawsuit over a missing pair of trousers, said they are willing to forgive the man who dragged them through a nightmare over the past two years, Yonhap news agency reported in Washington.
"Whether it's a victory or a loss, there are nothing left but scars," Yonhap quoted Chung Jin-nam as telling reporters after the court ruling that frees them of any compensation to the plaintiff.
Roy L. Pearson, an administrative law judge, had sued Chung, his wife and son after a pair of trousers from his suit went missing at the Customs Cleaners he is running. He accused the defendants of not living up to the store sign "Satisfaction Guaranteed" and sought daily fines of $1,500 under the Washington, D.C., consumer protection law.
"A reasonable consumer would not interpret 'Satisfaction Guaranteed' to mean that a merchant is required to satisfy a customer's unreasonable demands or to accede to demands that the merchant has reasonable grounds to dispute," the court ruling said.
Pearson initially sought $67 million, but later dropped demands for damages from the missing pants and focused on violation of the store sign.
The court said the Chungs need not pay the plaintiff and instead ordered Pearson to pay the defendants' court costs, which amounted to just over $1,000. Recovery of Chungs' attorney fees, in the tens of thousands of dollars, will be considered later.
The Chungs said they don't intend to counter-sue for damages against Pearson. Their attorney, Chris Manning, said it is highly likely Pearson will appeal.
The Chungs brought with them the pants that they tried to return to Pearson, who claimed it was not the right pair.
"We will keep it in the store and give it back to him if he wants it," the husband said through a translator.
"If not, we will donate it."
The wife, asked if she will accept Pearson as a customer again, said, "If he wants our store, then we will accept (him)."
The American Association for Justice welcomed Monday's outcome, calling it a wise decision by the court.
"Opponents of our civil justice system should pay heed to this decision _ it clearly shows that the system works to deny outrageous and ridiculous claims," it said in a statement.
The U.S. Chamber of Commerce's Institute for Legal Reform (ILR) applauded the ruling and said it sent a strong message by ordering Pearson to pay the defendants' legal bills.
"Businesses large and small across America every day must deal with extortionist plaintiffs' lawyers like Judge Pearson," it said in its statement.
"Some will say this outcome proves the system worked, and justice was served. To the contrary, this case only proves that the system is truly broken and in bad need of repair."
ILR is planning a fundraiser in Washington, D.C., on July 24 to collect donations to help the Chungs. |
Thoughts on the workings of American litigiousness? |
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Wangja

Joined: 17 May 2004 Location: Seoul, Yongsan
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Posted: Wed Jun 27, 2007 3:36 pm Post subject: |
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I think this fellow, a low-level administrative judge, on only around 100,500 USD a year with maxxed credit cards, is no longer a judge. |
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