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GH85Carrera 03-05-2010 06:44 AM

This is why we hate lawyers
 
Lawyer Threatens Suit Over Coat - March 4, 2010

legion 03-05-2010 06:48 AM

@$$hat seems like an appropriate term here.

VINMAN 03-05-2010 06:55 AM

That's similar to recent case where some judge sued a dry cleaner for 65 millions dollars over a $40 pair of pants they lost. He claimed that their sign in the window said " satisfaction guaranteed", and he wasnt happy with the srvice. He dragged them through court for over a year.

He basicaly bankrupted the poor couple that owned it. I hope the $cumba& burns in hell.


Linky....
http://abcnews.go.com/TheLaw/story?id=3313923&page=1

boba 03-05-2010 06:58 AM

Quote:

Originally Posted by legion (Post 5219099)
@$$hat seems like an appropriate term here.

+1000

It also seems to me that he admitted to negligence in the oversight of said property in his letter. Case Dismissed.;)

Neilk 03-05-2010 06:59 AM

I hope the letter is a hoax, otherwise, his partners will be thrilled at the negative publicity.

legion 03-05-2010 07:03 AM

Quote:

Originally Posted by VINMAN (Post 5219108)
That's similar to recent case where some judge sued a dry cleaner for 65 millions dollars over a $40 pair of pants they lost. He claimed that their sign in the window said " satisfaction guaranteed", and he wasnt happy with the srvice. He dragged them through court for over a year.

He basicaly bankrupted the poor couple that owned it. I hope the $cumba& burns in hell.


Linky....
Judge Rules in Favor of Dry Cleaners in $54 Million Pants Lawsuit - ABC News

I believe the judge got in quite a bit of trouble over this as well--as he should have.

masraum 03-05-2010 07:08 AM

It's a shame that they can't have some guy give him the $800 and then beat the snot out of him.

Another issue with personal responsibility. You forgot the damn coat, it's your damn fault.

asshat is good, douchenozzle is another appropriate name for this guy.

Dueller 03-05-2010 07:16 AM

Quote:

Originally Posted by legion (Post 5219117)
I believe the judge got in quite a bit of trouble over this as well--as he should have.

Ya think? He lost reappointment to his federal judgeship (which is under appeal for wrongful dismissal). Over $180K was raised for the dry cleaners defense fund, much from lawyers on both sides of the tort reform argument. So even lawyers rose to the occasion for this embarassment to the bar. Their total legal bill was "only" %85K so they did OK, I suppose.

An interesting side note was that the dry cleaners had an earlier dispute with him over lost clothing back in 2002. They paid him for the lost clothing and banned him from their business. He pleaded with them to allow him to continue using them as they were the only cleaners in his neighborhood.

As to the pants lawsuit, he took it all the way to DC Court of Appeals and abandoned it since cert was unlikely by SCOTUS.

He was also sanctioned in his own divorce suit the sum of $12K for filing frivolus motions and delaying litigation.

tcar 03-05-2010 07:19 AM

Quote:

Originally Posted by Neilk (Post 5219115)
I hope the letter is a hoax, otherwise, his partners will be thrilled at the negative publicity.

Many operate under the slogan; "I don't care what you say about me, just spell my name correctly".

gassy 03-05-2010 07:24 AM

You're all missing the point that it was a Polo jacket and it had a plaid lining.

cmccuist 03-05-2010 07:28 AM

About the missing jacket - he has to prove that the jacket not only existed, but that he brought it into the pizza place. How's he going to prove that? We only have his word that the jacket was left there. Does he have any witnesses? He's hoping the pizza place will settle to avoid legal costs.

legion 03-05-2010 07:32 AM

He's also prove that the people he is suing knew the jacket was there and failed to take possession, or stole the coat, or allowed it to be stolen.

Dueller 03-05-2010 07:40 AM

Quote:

Originally Posted by cmccuist (Post 5219158)
About the missing jacket - he has to prove that the jacket not only existed, but that he brought it into the pizza place. How's he going to prove that? We only have his word that the jacket was left there. Does he have any witnesses? He's hoping the pizza place will settle to avoid legal costs.

You can be your own witness...not necessary to corroborate. But still...his theory is a bit off base. This wasn't a bailment as there is no indication they accepted delivery of the coat. Assuming arguendo they somehow did accept it and it was a bailment, then its obviously solely for his benefit and in such cases the bailee would only be responsible for gross negligence such as mis-delivery. But like I said no indication a bailment.

Certainly no contract involved so that theory is out. Tortious conversion...that's a stretch. Tough to prove someone knew it was his and converted to their own use. That leaves negligence. To prove the tort of negligence you have to show 1) Duty owed 2) breach of that duty 3) proximate cause of damages (loss) AND 4) Damages. While he may have suffered damages (loss of coat), it will fail on the duty portion. Must have all 4 elements to prove recovery under tort theory. Even if they did you would have the defense of contributory negligence or comparative fault of the dapper polo wearing lawyer.

Class dismissed;)

McLovin 03-05-2010 07:43 AM

Quote:

Originally Posted by tcar (Post 5219150)
Many operate under the slogan; "I don't care what you say about me, just spell my name correctly".

This is not that type of situation. If this gets any traction in the normal press (like the pants case got), this will not turn out well for this guy, personally or professionally.

Times must be really tough for that guy.

If I were the airport, I'd send him a letter and dare him to bring such a ridiculous lawsuit.

boba 03-05-2010 07:46 AM

Quote:

Originally Posted by Dueller (Post 5219180)
You can be your own witness...not necessary to corroborate. But still...his theory is a bit off base. This wasn't a bailment as there is no indication they accepted delivery of the coat. Assuming arguendo they somehow did accept it and it was a bailment, then its obviously solely for his benefit and in such cases the bailee would only be responsible for gross negligence such as mis-delivery. But like I said no indication a bailment.

Certainly no contract involved so that theory is out. Tortious conversion...that's a stretch. Tough to prove someone knew it was his and converted to their own use. That leaves negligence. To prove the tort of negligence you have to show 1) Duty owed 2) breach of that duty 3) proximate cause of damages (loss) AND 4) Damages. While he may have suffered damages (loss of coat), it will fail on the duty portion. Must have all 4 elements to prove recovery under tort theory. Even if they did you would have the defense of contributory negligence or comparative fault of the dapper polo wearing lawyer.

Class dismissed;)

So, being a lawyer and supposed to know the above, could we call his action attempted extortion?

porsche4life 03-05-2010 08:08 AM

It's attempted douchebaggery at a minimum.... that should carry a 5yr penalty really....

nostatic 03-05-2010 08:11 AM

Quote:

Originally Posted by boba (Post 5219197)
So, being a lawyer and supposed to know the above, could we call his action attempted extortion?

I think Felony Asshattery is a better term.

VINMAN 03-05-2010 08:22 AM

I can just picture the guy sitting on the holding cell bench, next to some violent murderer, and the guy asking him what hes in for. "First Deg. Asshattery", he replies . As the murderer looks at him in disgust and moves away from him...

Rick Lee 03-05-2010 08:23 AM

Quote:

Originally Posted by porsche4life (Post 5219228)
It's attempted douchebaggery at a minimum.... that should carry a 5yr penalty really....

Gawd, would the world be a better place with a law like this. Felony asshattery would have a mandatory minimum too.

Rick Lee 03-05-2010 08:27 AM

The guy doesn't deserve to get his coat back. But how hard would it be to locate the surveillance camera footage of his coat being scooped up by someone? At least that would likely prove some random coat thief took it and not an employee of the airport, who would surely know they're being watched.


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