Lawsuits That Make You Want to Slap Someone
Posted on Jun 18, 2007 in Personal Injury
Paris is still in jail today; her dad came to visit yesterday afternoon – it was, after all, Father’s Day. Sister Nikki is telling all who’ll listen that Paris isn’t in jail for DUI … she’s in jail for driving on a suspended license.
Meanwhile, Kristy Swanson was arrested last night in Ontario, for assaulting her boyfriend’s ex-wife. She’s filed a counter charge against the ex. And, discovery proceeds in the pants lawsuit — an administrative law judge is suing Custom Cleaners for $65 Million because they ruined a pair of his pants. One pair. According to a Canadian Press report, Judge Pearson actually cried on the stand last week, as he described the loss.
Then, there’s the Port St. Lucie case, where the owner of the Delmonico Grill has sued the Scripps Treasure Coast Newspapers, and its restaurant reviewer – a woman named Patricia Smith – because they gave the Grill a bad review (here’s the review).
Now, this isn’t the first time a newspaper has been sued because there’s been a bad review and the restaurant claims to have lost business because of it. Port St. Lucie’s own Hometown News reports on other cases in Dallas, and in Pennsylvania. Dallas had a re-do and the case was dropped.
Interesting about the Port St. Lucie case — it’s still going on, because it survived a motion to dismiss just like the pants case. And it’s getting attention from as far away as Britian, where the Guardian saw fit to report about the case. Of course, the Guardian was very British about the whole thing – the article concludes with:
“I was forgetting, of course, that the US’s famous right to free speech is circumscribed by the right of people to sue over virtually anything. Oh yes, and then there are the ambulance-chasing lawyers as well.”
Let me just point out that, yes, there are lawyers who’ll take a case without depth (I’m being tactful here). There are also lots and lots of folks shopping around for attorneys to file lawsuits for them.
Lawyers are forbidden to sue based upon frivolous, or meritless, claims. They can face monetary penalties for doing so; in most jurisdictions, they can also have their law licenses suspended.
Early on, in these types of cases, motions are filed to dismiss them. Both the $65 Million pants case in Washington D.C. as well as the Delmonico Grill restaurant review have passed that test. The judges found them to be legitimate controversies.
So, while Paris may seem silly and Judge Pearson is weepy and the Delmonico Grill may or may not serve fresh bread and produce, there are legitimate legal issues involved in each of them. They’ve all survived judicial review.
Makes you want to slap someone, right? The question is just who.�