Perceptions OF america's JUSTICE SYSTEM

He's Baaa-ck Part II  --  News & Views 2008

About Roy L. Pearson, Jr.

Roy L. Pearson, Jr. News & Views 2007
54 Million Dollar Pants on Trial

Frivolous Lawsuit Remedies
By: Victims-of-Law

Judge Judith Bartnoff's Verdict

Decision in Pearson v. Chung 05 CA 4302 [84KB] -- 2007

 Judgment in Pearson v. Chung 05 CA 4302 [18KB] -- 2007

He's Baaa-ack Part II -- News & Views 2008

May 2008

Pants Suit' Judge Suing for Job, $1M in Damages

The Associated Press

5-6-08 -- A former judge who lost a $54 million law suit against a dry cleaners over a missing pair of pants is suing to get his job back and at least $1 million in damages. . . . In the suit filed in federal court, Roy Pearson he was wrongfully dismissed for exposing corruption within the Office of Administrative Hearings, the department where he worked. In court documents, Pearson said he was protected as a whistle-blower and that the city used the fact that he was being "vilified in the media" to cut him out of his job. . . . In a response to a Freedom of Information Act request from The Associated Press, the city's general counsel wrote that Pearson's term as an administrative law judge expired in May 2007, and the D.C. Commission on Selection and Tenure of Administrative Law Judges voted not to reappoint him.

About Roy L. Pearson, Jr. . . .

He is an African American lawyer and administrative law judge in Washington, D.C. His undergraduate degree was earned at Lake Forest College and his J.D. at Northwestern University School of Law. Upon graduation, he first taught at, then became assistant director of, the clinical program at the Georgetown University Law Center. Pearson passed the bar for the District of Columbia in 1978 and bar for the U.S. Supreme Court in 1985.

From 1978 to 2002, Pearson was the attorney for the Washington Neighborhood Legal Services Program, serving as the Assistant Director for Legal Operations from 1989 onwards.

From 2003 to 2005, he was a contract hearing examiner for the Office of Police Complaints, and on May 2, 2005, Pearson was appointed as an administrative law judge for Washington D.C.

Pearson has been on the board, or served as counsel for numerous Washington D.C. community organizations, including the Columbia Heights Youth Club, Fort Lincoln Civic Association, Black Seeds, Inc. Washington Council of Lawyers and the National Council of Black Lawyers.

Pearson has became famous (infamous) for suing a small dry cleaning service for $65,462,500, alleging it lost a pair of his pants. Previously the cleaners had offered $12,000 to settle the complaint.

At one point, D.C. Superior Court Judge Neal Kravitz stated that "the court has significant concerns that the plaintiff is acting in bad faith." However, he didn't do anything to give relief to the defendants.

Pearson has a litigation history; commenter Monica points to
this reported opinion stemming from his divorce.

Appellate Court opined when upholding legal fees awarded to Pearson’s ex-wife: The trial court made specific findings concerning the award of attorney's fees, including that the litigation was disproportionately long despite the relative simplicity of the case and that husband "in good part is responsible for excessive driving up of everything that went on here including threatening both the wife and her lawyer with disbarment as a member of both the D.C. bar and Virginia bar," which created "unnecessary litigation."  Accordingly, we cannot say the trial court abused its discretion in awarding attorney's fees to wife.”

The 67 Million Dollar Pair of Pants Video on YouTube

Click to read the Joint Pretrial Statement in the $65,000,000 dry cleaners lawsuit.

Pearson, Roy L Jr
3012 Pineview Ct NE
Washington, DC 20018-1617

(202) 269-1191

Email: roypearsonjr@verizon.net

Roy L. Pearson, Jr. News & Views 2007

Click headline for full article

DISTRICT OF COLUMBIA  

November 2007

D.C. Officials Confirm Removal of Judge Who Brought $54 Million Pants Lawsuit

The Associated Press 

11-14-07 -- A judge who lost a $54 million lawsuit against his dry cleaner over a pair of missing pants has lost his job, District of Columbia officials confirmed. . . . Roy Pearson's term as an administrative law judge expired May 2 and the D.C. Commission on Selection and Tenure of Administrative Law Judges has voted not to reappoint him, Lisa Coleman, the city's general counsel, wrote Nov. 8 in response to a Freedom of Information Act request from The Associated Press. . . . Pearson was one of about 30 judges who worked in the Office of Administrative Hearings, which handles disputes involving city agencies. He had held his position for two years. . . . The Washington Post and The (Washington) Examiner, citing sources familiar with the case, reported the commission's decision last month. Coleman refused to release a copy of a letter to Pearson informing him of the decision, saying it is considered a personnel matter. . . . Pearson's lawsuit in D.C. Superior Court claimed that Custom Cleaners, owned by South Korean immigrants, did not live up to Pearson's expectations of "Satisfaction Guaranteed," as advertised in store windows.

October 2007

Judge Who Lost Pant Suit Loses Job

By Keith L. Alexander, Washington Post Staff Writer 

Roy L. Pearson Jr., the administrative law judge who lost his $54 million lawsuit against a Northeast Washington dry cleaner, lost his job yesterday and was ordered to vacate his office, sources said. . . . Pearson, 57, who had served as a judge for two years, was up for a 10-year term at the Office of Administrative Hearings, but a judicial committee last week voted against reappointing him. . . . The panel had a seven-page letter hand-delivered to Pearson about 3:30 p.m., directing him to leave his office by 5 p.m. Pearson's term ended in May, at the height of his battle with the dry cleaners. Since then, he has remained on the payroll, making $100,000 a year as an attorney adviser. . . . A source familiar with the committee's meetings said Pearson's lawsuit played little role in the decision not to reappoint him. . . . Instead, the committee said it had reviewed Pearson's judicial decisions and audiotapes of proceedings over which he had presided and found he did not demonstrate "appropriate judgment and judicial temperament," according a source who spoke on condition of anonymity because of the sensitive nature of the case. . . . Sources said Pearson also was criticized for displaying a "combative" nature with supervisors and colleagues and for failing to comply with policies in drafting opinions. . . . Administrative law judges hear cases involving city agencies and commissions.

Judge Set to Lose Job, Sources Say

Panel Reportedly Votes Against Reappointment

By Keith L. Alexander, Washington Post Staff Writer

10-24-07 -- Roy L. Pearson Jr., whose $54 million lawsuit against a Northeast Washington dry-cleaning shop was rejected in court, is about to lose his job as an administrative law judge, sources said last night. . . . A city commission voted yesterday against reappointing Pearson to the bench of the Office of Administrative Hearings, which hears cases involving various D.C. boards and agencies. Pearson, who was up for a 10-year term, had tried to hold on to the job. . . . The commission's discussions are not public. Sources familiar with the deliberations said the panel hasn't drafted a letter formally notifying Pearson of its decision. Until that is done, the sources said, the decision is not final. The letter could be sent early next week, according to the sources, who spoke on the condition of anonymity because of the sensitive nature of the case. . . . The Commission on Selection and Tenure of Administrative Law Judges first notified Pearson in August that it might not reappoint him, several weeks after he lost his civil suit against the dry cleaners. Yesterday's vote came after months of discussions, including two recent hearings in which Pearson defended his two-year record on the bench.

Why Does the Pants Judge Still Have His Job?

DCist

10-10-07 -- Just when we has stopped thinking about Judge Roy Pearson and his humiliating $54 million pants law suit for a second, the Examiner steps forward to ask the most important question of all: Why on Earth is Pearson still collecting a paycheck? . . . At the beginning of August, the panel that will ultimately decide Pearson's fate sent the beleaguered judge a letter letting him know his job was in jeopardy, but stopped short of actually firing him. At the time, they indicated they would make a final decision in about a week. That was two months ago. . . . Scott McCabe at the Examiner says the the panel still needs to hold a meeting to give Pearson one last chance to argue his case for keeping his job, which pays him $100,000 a year and would last for a 10-year term should he be reappointed. If such a hearing has even been scheduled, officials are refusing to reveal the date to reporters. . . . Isn't it time to call shenanigans on these guys? We know it's difficult to fire a judge, but what's the hold up with even holding the necessary hearing?

September 2007

Targets of Judge's $54 Million Suit Over a Pair of Pants Calling It Quits

New York Lawyer, By The Associated Press

9-20-07 -- The owners of a dry cleaner who were sued for $54 million over a missing pair of pants have closed and sold the business involved in the dispute. . . . The Chungs' attorney, Chris Manning, is citing a loss of revenue for Custom Cleaners and the emotional toll of defending the lawsuit. . . . The trouble began in 2005 after a pair of pants the plaintiff brought to the cleaners in Northeast Washington went missing. But a week later, the Chungs said the pants had been found. Roy Pearson, an administrative law judge, said those were not his pants and decided to sue. . . . The lawsuit originally demanded $67 million but was reduced to $54 million. A judge rejected it in June. . . . Manning said the Chungs have closed two of their three dry cleaning businesses since the lawsuit began.

August 2007

Agency Employing Pants Judge to be Reviewed

DCist

8-22-07 --Roy Pearson, the famed Pants Judge, has just under a week to respond to the letter he received from his employers earlier this month informing him that his job was in jeopardy. Knowing Pearson as we now do, it seems likely the Office of Administrative Hearings, which has employed him as an administrative law judge for the District (Pearson is currently serving as an attorney adviser to the OAH while his contract is under review, but is still on payroll), will receive a zealously argued, impassioned plea from the judge stating why he should be able to keep his job. But while the OAH waits for his response, they'll have other matters to deal with: The Examiner reports they're the subject of a thorough review by the The D.C. Inspector General.

Judge Says Cleaners' Bid Not Frivolous

By Henri E. Cauvin, Washington Post Staff Writer

8-17-07 --The judge who sent Roy Pearson packing gave him a final sendoff yesterday. . . . In a written order, D.C. Superior Court Judge Judith Bartnoff offered her take on the efforts by the Northeast Washington dry cleaners to collect attorneys' fees stemming from Pearson's failed lawsuit over a pair of pants. They were hardly frivolous, as Pearson had claimed, she said. . . . Ordinarily, awarding attorneys' fees against a consumer plaintiff such as Pearson would be unusual, Bartnoff said. . . . "But this is an unusual case, in which the plaintiff attempted to take what was at best a misunderstanding about one pair of pants and expand it to a claim of $67 million, based on legal theories that -- once they clearly were articulated -- were unsupported in fact or in law," the judge said. . . . On Monday, in a bid to bring the case to an end, the owners of Custom Cleaners withdrew their demand for attorneys' fees and asked Pearson to forgo his plans to appeal the verdict against him.

D.C. Judge Files Appeal Over Missing Pants

Brendan Smith, Legal Times 

8-15-07 -- D.C. administrative law judge Roy Pearson Jr. won't give up after losing his $54 million lawsuit against a local dry cleaner over a missing pair of pants. . . . Pearson filed an appeal Tuesday with the D.C. Court of Appeals, although the Chung family on Monday withdrew its motion seeking to compel Pearson to pay more than $82,000 in attorney fees. The Chungs have raised close to $100,000 through fundraisers and donations to help cover their legal fees and business losses after international media attention focusing on the case. . . . Pearson is soldiering on after losing a two-day bench trial in June where he wept over his missing pants, which he'd had altered because he gained weight while he was unemployed before becoming an administrative law judge in 2005. . . . Chris Manning, the Chungs' attorney, released a statement Tuesday: "The Chungs have done everything possible to put this nightmare behind them and return to their normal lives. They have won resoundingly at trial, raised donations from gracious private donors to pay for their litigation costs, let Mr. Pearson off the hook for personally paying their expenses and extended an olive branch to Mr. Pearson in hopes that he would end this matter and not appeal." . . . Manning added that Pearson has chosen "desperate irrationality over common sense and decided to appeal, unnecessarily costing the parties more wasted time and the D.C. taxpayers more wasted money."

Pearson to Appeal Pants Verdict

By Henri E. Cauvin, Washington Post Staff Writer

8-14-07 -- A day after the dry cleaners he sued tried to make peace, D.C. Administrative Law Judge Roy Pearson filed official notice today that he plans to appeal the verdict against him to the District's highest court. . . . The owners of Custom Cleaners in Northeast Washington had hoped to head off Pearson by filing court papers withdrawing their demand for tens of thousands of dollars in attorneys fees and prevailing on him to let the case lie. . . . But today, a day before the deadline for filing his notice of appeal, Pearson -- whose $54 million suit arose from a dispute over a pair of pants that he claimed went missing -- submitted the requisite paperwork to the D.C. Superior Court. . . . So, for now at least, the case of Pearson v. Chung will remain alive, sustained by a two-page filing and a $100 fee. The filing doesn't guarantee Pearson will follow through. The case could be settled before either side ever finalizes its filings and long before arguments in court.

Dry Cleaners Cut Plaintiff Some Slack

By Henri E. Cauvin, Washington Post Staff Writer

8-14-07 -- The dry cleaners aren't pressing their case against the Pants Judge. . . . In a surprise turn yesterday, the small-business owners sued by D.C. Administrative Law Judge Roy Pearson withdrew their demand that he pay nearly $83,000 for their legal bills, saying that enough money had been raised from supporters to cover the expenses and that they want to end the fighting. . ..  The cleaners want Pearson, who could soon be out of a job, to do the same. . ..  In the motion filed in D.C. Superior Court, the owners of Custom Cleaners ask Pearson, who lost his famous $54 million lawsuit two months ago, to call a halt to the legal proceedings. If he intends to appeal a judge's rejection of his lawsuit over a supposedly missing pair of pants, he has until tomorrow to file notice. . . . "With their losses and expenses now almost completely recouped, all Defendants want to do is make this case go away," Christopher Manning, an attorney for Soo Chung and her family, wrote in the seven-page motion. "Defendants' lives have been devastated and they want nothing more than to quietly return to running their dry cleaning business."

Judge Tries to Avoid Paying Legal Bills Of Cleaners He Sued Over Missing Pants

By Henri E. Cauvin, Washington Post Staff Writer

8-13-07 -- The Pants Judge wants to keep the dry cleaners he sued out of his pockets. . . . In a filing 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. . . . An order that Pearson pay attorney fees would be unusual, but the case against Custom Cleaners, a family-owned business on Bladensburg Road NE, was about as odd as they come.

Judge Who Sued Over Lost Pants May Now Lose Reappointment

Brendan Smith, Legal Times 

8-6-07 -- Administrative Law Judge Roy Pearson Jr. became the poster boy for frivolous lawsuits with his unsuccessful $54 million lawsuit against a dry cleaner over a lost pair of pants. But questions about his temperament and demeanor as an administrative law judge had surfaced long before a media firestorm engulfed him this year. . . . Since his initial two-year term expired in May, Pearson has been sidelined from the bench and is still earning his $100,512 salary working as an attorney adviser at the D.C. Office of Administrative Hearings. A commission that reappoints administrative law judges at the OAH is expected to vote today on the first step toward denying his appointment to a full 10-year term. . . . Chief Administrative Law Judge Tyrone Butler has complicated that process by offering shifting recommendations of neutral, positive, and finally negative about Pearson's reappointment, according to internal documents obtained by Legal Times. . . . Given their history, it's hard to imagine why Butler would have anything positive to say about Pearson. Less than three months after starting work in May 2005, Pearson sent a 14-page letter to then-Mayor Anthony Williams urging him "to inquire into whether corrupt ethics, demonstrably poor judgment and failed leadership constitute 'good cause' to remove Chief Judge Butler."

Commission Weighs Future of Litigious Judge

By Raw Fisherfrom Marc Fisher's Blog

8-3-07 -- By the middle of next week, Roy Pearson, the D.C. administrative law judge who sued his neighborhood dry cleaners for $54 million and lost, will receive a letter that starts the process that could put him out of a job. . . . City sources said a marathon meeting of the Commission on Selection and Tenure of Administrative Law Judges ended late Monday with agreement to meet again next week to finalize wording of a letter explaining the panel's doubts about granting Pearson a 10-year term on the bench. Pearson's initial term expired at the end of April, at the height of his legal battle against the Chung family, owners of Custom Cleaners on Bladensburg Road NE.

July 2007

Judge won’t reconsider $54 million pants suit

But man who sued D.C. dry cleaner for lost garment is expected to press on

NBC News and news services

A customer who sued his dry cleaner for $54 million over a missing pair of pants has been denied in his efforts to get the judge in the widely mocked case to reconsider her decision. . . . Roy L. Pearson, a local administrative law judge, argued last week that District of Columbia Superior Court Judge Judith Bartnoff failed to address his legal claims. Bartnoff had ruled that the business owners did not violate the city's consumer protection law by failing to live up to his expectations of a "Satisfaction Guaranteed" sign once displayed in the store. . . . Pearson's motion for reconsideration was turned down after Bartnoff found that he had not "presented any new argument or authority that warrants reconsideration of the Court's prior ruling," NBC reported Thursday.

Pants Suit Plaintiff Asks Judge to Reconsider

By Bill Miller, Washington Post Staff Writer

7-13-07 -- Roy Pearson isn't giving up his legal battle against the dry cleaning business he claims lost his pants. Late last night he asked the judge who ruled against him to reconsider his $54 million lawsuit. . . . Pearson filed court papers urging D.C. Superior Court Judge Judith Bartnoff to take another look at his case against Custom Cleaners. Bartnoff rejected the claims in a ruling June 25 , saying Pearson had not shown that the Northeast Washington shop violated the city's consumer protection laws.

Couple Asks Judge To Order Plaintiff To Pay Legal Fees

By Henri E. Cauvin, Washington Post Staff Writer

7-9-07 -- A dry cleaning business is turning the tables on a man who unsuccessfully sued the firm for $54 million, asking a judge to order him to cover $83,000 in legal fees. . . . The motion, filed in D.C. Superior Court, comes less than two weeks after a judge denied Roy Pearson's claim over a pair of pants that allegedly went astray. Pearson accused Custom Cleaners of failing to honor the "Satisfaction Guaranteed" sign posted at the shop. . . . Attorneys for the business's owners, Soo and Jin Chung, wrote that Pearson, an administrative law judge, conducted himself in an outrageous manner since the dispute began in spring 2005. . . . "From his outrageous demands for compensation . . . to his amazingly voluminous discovery and motions practice to his unconscionable continual disregard for the Court's Orders, Plaintiff's motives have been clear -- quite simply, to harass Defendants and to attempt to utterly destroy their lives," attorney Christopher Manning wrote. . . . As a lawyer and an administrative law judge, Pearson should have known better, Manning said. . . . "Instead of honoring our judicial system, the plaintiff decided to use his intimate knowledge (and unreasonable interpretations) of District of Columbia laws to harass and exploit hard working South Korean immigrants who work in excess of 70 hours a week to live the American dream," he wrote. . . . Now Pearson must face consequences, Manning said, adding, "Simply put, Defendants ask the Court to compensate the parties who have truly suffered throughout this bizarre odyssey -- the Chungs."

He's baaaa-ack:

The $54 Million Pants Suit That Won't Die

By Mark Fisher

7-6-07 -- Roy Pearson, the D.C. administrative law judge who filed, fought and lost a $54 million lawsuit against the Korean immigrants who own his neighborhood dry cleaners, chose the Fourth of July holiday to make it clear that he will not be going away. . . . Despite a clear finding by D.C. Superior Court Judge Judith Bartnoff that Pearson's case against Custom Cleaners had no merit and that the cleaners' possible misplacing of a pair of Pearson's pants was not worth a penny to the plaintiff, Pearson is back. He wrote to defense lawyer Christopher Manning this week to let the Chung family know that Pearson plans to file today a motion arguing that Bartnoff failed to address Pearson's legal claims and asking the judge to reverse her verdict in the case. . . . Manning, who has said that the Chungs have already been wiped out financially by the need to defend themselves against Pearson's two-year legal jihad, responded to Pearson by asking that he end the misery for the Chungs, who face legal bills of more than $100,000. Manning asked Pearson to consider moving on, for the Chungs' sake and for his own.

A kick in the pants

Maybe the missing-trousers case was so compelling because it was more than just another frivolous lawsuit.

LA Times Editorial

7-4-07 -- A JUDICIAL DECISION in Washington last week reverberated not just across the United States but throughout the world. We're referring not to the Supreme Court's decision on racial integration in public schools but to a ruling by the heretofore obscure D.C. Superior Court Judge Judith Bartnoff. . . . Bartnoff is the judge who ruled against Roy L. Pearson, a sort-of colleague (he's an administrative law judge) who had gone to court demanding $67 million — later reduced to $54 million — from a dry cleaner he claimed had lost a pair of his trousers. From Ireland to China to Australia, newspapers editorialized about Pearson's comeuppance. The glee was bipartisan and cross-ideological. The conservative Washington Times lavished praise on Bartnoff even though, as it noted, she was a Clinton appointee.

Frivolous Lawsuit Remedies

Victims-of-Law Commentary

6-30-07 -- There are court rules, state and federal statutes not to mention an abundance of case law allowing judges to dismiss frivolous law suits shortly after they are filed. We should not overlook the fact the DC judges handling this case permitted it to go out of control resulting in outrageous legal fees for the Chungs.

There are a number of groups that want to enact ‘tort reform’ and are using this case as the “poster child” for a “flawed legal system ravaged by greedy trial lawyers.”

While it was not surprising that Judge Bartnoff awarded court costs to the defendants (it became a high profile case), it’s a drop in the bucket compared to what the Chungs had to suffer emotionally and monetarily in our “flawed legal system.” It is the system itself that caused this case to drag on for almost two years. Was it because the plaintiff was an attorney and a DC administrative law judge? We think that may have had a lot to do with it.

It’s a well known fact that non-attorney Pro-se cases get little attention from judges no matter how meritorious. It’s thrown out either through a summary judgment procedure or as a frivolous suit with almost no hesitation.

The only ones who know the truth are those that have seen hundreds of cases thrown out and read the judicial decisions that were rive with falsehoods or outright distortions and generally lack mention of the actual allegations.

Yes, our flawed legal system needs to be changed, but not by ramming more laws down the throats of the citizenry. The people only want attorneys and judges to actually adhere to the “rule of law” as written, including obeying the state and federal constitutions and statutes as well as rules of court and evidence. It's the only fair way.

In the end the Chungs may prevail but at what price? One only has to recall the Duke case in North Carolina. Three young men had their lives ruined and the emotional and monetary damages went totally out of control. Unfortunately, this is a lot more common than the average person realizes.

No one should be "above the law."

Attorneys fees still climbing for Chungs

by John O'Brien

6-27-07 -- A litigation nightmare ended in a dream ruling for Jin and Soo Chung. Now there's the matter of the bill. . . . The Chungs were awarded court costs and ordered to pay nothing by Washington D.C. Superior Court Judge Judith Bartnoff, but the Korean couple who was sued for $54 million for misplacing a pair of pants still has a six-figure bill with attorney Chris Manning of Manning & Sossamon. . . . A possible appeal might push the tab even higher for the Chungs, who have considered moving back to South Korea. . . . "I think the likelihood of appeal is very high," Manning said. "Mr. Pearson has said as much on numerous occasions."

Pants Verdict: Judge Stuffs The Pants Man

By: Marc Fisher

In an extremely cautious and detailed ruling, D.C. Superior Court Judge Judith Bartnoff this morning said that Administrative Law Judge Roy Pearson deserves not a penny of the $67 million that he once demanded in compensation for a mixup at his neighborhood dry cleaners. . . . But astonishingly, Bartnoff said not a word in her decision about Pearson's handling of the case, or about the size of his demand, or about the bizarre scale of his legal assault on the immigrant family who own Custom Cleaners on Bladensburg Road NE. . . . Perhaps the judge didn't need to: She spoke with her actions instead, awarding the Chung family the costs of the case--an unusual move in a civil case in which each side would ordinarily be expected to pay their own costs. (But awarding costs is not the same as awarding attorney's fees--the big financial blow in any legal matter--and Judge Bartnoff said she would make that decision at a later date.) The Chungs were laid low by Pearson's two-year pursuit of the case; their legal fees wiped out their savings and forced them to consider moving back to their native land of South Korea. In addition, as the Chungs' lawyer, Christopher Manning, pointed out this morning, the Chungs still face the potentially enormous and almost certain costs of defending themselves against an almost-inevitable appeal of Bartnoff's decision by Pearson.

Why Judge Pearson's Lawsuit Matters

Posted by Carter Wood

6-20-07 -- Judge Roy Pearson's lawsuit against his drycleaners for losing his pants induces an equal amount of outrage and mockery, but it's important to remember that this kind of legal excess is not that unusual. U.S. businesses and citizens are constantly bedeviled by litigious cranks and cranky litigators. Small business owners are especially vulnerable to frivolous but destructive lawsuits. . . . Don Brunell, president of the Association of Washington Business, Washington state's chamber of commerce, addresses that sad fact and its consequences in an excellent op-ed in The Daily Columbian: . . . There is a mistaken assumption that a small proprietor slapped with a lawsuit simply lets his insurance company handle it. Wrong. Many business owners shoulder the costs themselves out of fear of higher premiums or the risk that their insurance company will cancel their coverage. Some start-up businesses simply cannot afford liability insurance. In fact, the [Institute for Legal Reform] study shows that, in 2005, small business owners paid $20 billion out of their own pockets for court costs and out-of-court settlements. . . . Finally, the smallest businesses, those with revenues of less than $1 million, paid $31 billion in lawsuit-related costs. Let's put that in perspective. These businesses, which represent just 6 percent of total business revenues, paid more than 20 percent of the national tort tab. These lawsuits really do hit the "little guy" who struggles to make ends meet.

The Great American Pants Suit
A judge pins a $67 million value on a pair of trousers--his own.
By Walter Olson, Wall Street Journal

6-18-07 -- When attorney Roy Pearson filed suit demanding $67 million from the Chung family, whose Washington dry cleaners had mishandled his pair of trousers, he must have felt he was sitting pretty. Menacing a merchant who's annoyed you with terrifyingly high legal penalties--that's the way to show who wears the pants, right? . . . Mr. Pearson probably had no idea that his Great American Pants Suit--the trial of which just wound up in a Washington courtroom last week, with a verdict expected this week--would stir commentary around the world and come to symbolize the extent to which lawsuits in America can serve as a hobby for the spiteful and a weapon for the rapacious.

It's nice to see that even the organized plaintiffs bar piously deplores Mr. Pearson's abuse of the law. It would be even nicer if they agreed to stop opposing reforms that would give the Chungs of the world a fighting chance the next time around.

Pearson's Boss: Dude's Too Crazy to Be a Judge

DCist

If the results of our poll yesterday are any indication, ordinary people feel pretty strongly that administrative law Judge Roy Pearson is a few sandwiches short of a picnic, and really ought not to be a judge anymore. Finally, the Examiner brings word that Pearson's employer agrees with that sentiment.

Pants lawsuit could cost D.C. judge his $100,000 job

by Scott McCabe and Dan Genz, The Examiner

Administrative law judge Roy Pearson leaves court after the second day of his trial in Washington on Wednesday. Jin and Soo Chung are being sued by Pearson for $54 million for what he calls "misleading signage" at their dry-cleaning business. . . . The boss of Roy L. Pearson Jr., the administrative law judge whose $54 million pants lawsuit has turned the D.C. legal system into a punch line on late-night talk shows, has recommended that the city deny Pearson another term on the bench, D.C. government sources said Thursday. . . . In a letter to the three-person commission that will decide whether Pearson gets reappointed, District of Columbia Chief Administrative Judge Tyrone T. Butler said Pearson does not deserve a 10-year term to the post, which pays more than $100,000 a year. . . . “My sense is that the commission will not reappoint him,” a D.C. government source said. . . . Butler’s letter reverses his previous recommendation in support of Pearson that he sent to the commission before the pants suit case gained worldwide notoriety.

Trial Began  June 12, 2007

TRIAL ENDED JUNE 14th

Judge Judith Bartnoff said she would rule by the end of next week after attorneys delivered their closing arguments on Wednesday the 13th.

Wearing Down the Judicial System With a Pair of Pants

By Marc Fisher, Washington Post

Don't look for Roy Pearson to be out shopping for new suit pants this weekend. At the end of the $54 million pants suit in D.C. Superior Court yesterday, Judge Judith Bartnoff said she wouldn't issue a decision until next week but nonetheless gave a strong hint of her direction. . . . After listening to Pearson argue for hour upon hour that he was somehow protecting the interests of all Washingtonians by using the D.C. consumer protection law to punish Custom Cleaners for allegedly losing a pair of his pants, Bartnoff said: "This is a very important statute to protect consumers. It's also very important that statutes like this are not misused." *****How does such a case get to trial? How does one man get to make a laughingstock of the system? Judges chipped away at Pearson's case for two years, limiting the witnesses he could call, trimming his claims. But Pearson prevailed by burying the court in paperwork and bringing up arguments just plausible enough to allow him a hearing. Nobody wants to be on the wrong end of a Pearson lawsuit; that fear lets him charge ahead.

Man suing over trousers aims to fund more cases

By Andy Sullivan

(Reuters) - The judge who sued his dry cleaning shop for $54 million over a lost pair of trousers said as the trial wrapped up on Wednesday that he would use any winnings he might get to encourage others to follow suit. . . . Roy L. Pearson, an administrative judge for the District of Columbia, said he only needed $2.5 million for himself to cover the emotional distress he suffered after Custom Cleaners misplaced a pair of pants he brought in for alteration. . . . The remainder, he said, would be used "as an incentive for other attorneys in private practice to take on these kinds of cases."

DAY TWO -- 6/13/07