Lohan v. E-Trade
Actress Lindsay Lohan alleges a TV ad featuring a "milkaholic" baby named Lindsay used her name and personality for advertising purposes without her consent.
Irvin v. Mustafa
NFL Hall of Famer Michael Irvin files a countersuit against a woman who accused him of rape, alleging she is a "morally-bankrupt individual" who is trying to ruin his career.
Robbins v. Lower Merion SD
High-school student accuses a school
district of spying on him and other students
by remotely activating webcams contained in school-supplied laptops.
Peterson v. Grisham
10th Circuit finds John Grisham did not defame three Oklahoma law enforcement officials in a book about the wrongful convictions of two men for a rape-murder.
lc_search
LC_DayByDay

 Feb   March 10   Apr

SMTWTFS
   1  2  3  4  5  6
  7  8  910111213
14151617181920
21222324252627
28293031 
Julianna Walker Willis Technology
LC_BySubject
OnTheMap

rss

LC_ExtraPoints

• Owners of Who Dat?, Inc. sue the NFL and the New Orleans Saints for trademark infringement, seeking to protect the mark that "has become one of the most recognizable in all of America and quickly became well-known around the world."
Who Dat?, Inc. v. NFL Properties

• Army bomb disposal expert sues the makers of "The Hurt Locker" for plagiarizing his life story. The film is "nothing more than the exploitation of a real life honorable, courageous, and long serving member of our country’s armed forces, by greedy multi-billion dollar 'entertainment' corporations."
Sarver v. The Hurt Locker

• Former patient sues the Cincinnati hospital where he was sexually assaulted by a transgender nurse. The nurse's "employment while masquerading as a member of the female gender in a hospital environment involved an unreasonable risk of harm to others."
Evans v. University of Cincinnati

• Federal judge enjoins the City of Phoenix from enforcing a noise ordinance against "sound generated in the course of religious expression," finding the right of churches to ring bells outweighs "the City's interest in preserving the peace and tranquility of its neighborhoods."
St. Mark Roman Catholic Parish v. City of Phoenix

• 5th Circuit says a Texas city's junked vehicle ordinance applies to a cactus planter made out of wrecked Oldsmobile 88. "Irrespective of the intentions of its creators ... the car-planter is a utilitarian device, an advertisement, and ultimately a 'junked vehicle.'"
Kleinman v. City of San Marcos

• Oklahoma City bomber Terry Nichols notifies a federal judge that he has gone on hunger strike, saying he is "prepared to die if necessary because he is done allowing his body to be defiled by [ ] refined and dead foods."
Nichols v. Federal Bureau of Prisons

• Texas judge finds the makers of a film about Rin Tin Tin did not infringe on the trademarks of a breeder of German Shepherds. "Defendants['] title 'Finding Rin Tin Tin: The Adventure Continues" is a fair use of the term 'Rin Tin Tin.'"
Rin Tin Tin, Inc. v. First Look Studios

• Illinois appeals court says the contact sports exception to negligence liability does not apply to the case of an athletic trainer who was struck in the eye by a hockey puck while refilling water bottles. Michael Weisberg "suffered injuries as a result of alleged conduct that was not inherent to the sport of hockey."
Weisberg v. Chicago Steel




Alltop_125x125.jpg

ADVERT

Free no win no fee claims advice for personal injury.


Judge Loses Missing Pants Suit, Could Lose Shirt Print

 

Soo and Jin Nam Chung

A Washington, D.C., judge has found the customer completely wrong in the $54 million case of the missing suit pants, awarding a judgment to the defense that could end up costing plaintiff Roy C. Pearson dearly.

Pearson, an administrative law judge, insisted the case was not about the pants that his dry cleaner allegedly lost, but the “Satisfaction Guaranteed” sign they displayed in their store. The sign, he argued, was an unconditional warranty that required Custom Cleaners to satisfy him in any way he saw fit.

“Nothing in the law supports that position,” D.C. Superior Court Judge Judith Bartnoff said in her decision following a two-day bench trial. “To the contrary, a claim of an unfair trade practice properly is considered in terms of how the practice would be viewed and understood by a reasonable consumer.”

Even the other Custom Cleaners customers who testified on behalf of Pearson had not adopted his “expansive interpretation,” she noted, concluding that

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.

Bartnoff ordered Pearson to pay the defendants' court costs. She will rule later on a motion for attorney's fees –- which defense counsel has estimated at about $100,000 and will hinge on whether Bartnoff finds the plaintiff a vexatious litigant.

The judgment also won't help Pearson's career. Since he became a symbol of lawsuit abuse, the American Tort Reform Association has urged D.C. officials not to reappoint him to the bench and the National Labor Relations Board has called for his disbarment.

Pearson sued the owners of Custom Cleaners -- Soo and Jin Nam Chung -- after they rejected his demand for $1,150 in compensation for the pants. He originally sought $65 million in damages under the D.C. Consumer Protection Procedures Act, alleging it was an unfair trade practice for the Chungs to offer an unconditional guarantee that they did not intend to honor.

Soo Chung, Bartnoff said in her ruling, testified that she understood “'Satisfaction Guaranteed' to have the common sense meaning that if a customer has a problem, Custom Cleaners will do its best to fix the problem ... and if the problem cannot be fixed, Custom Cleaners will compensate the customer for the value of the clothing.”

The Chungs have attempted to return a pair of pants to Pearson but he has insisted they are not his. Bartnoff ruled that Soo Chung's

explanation that she recognized the disputed pants as belonging to Mr. Pearson because of the unusual belt inserts was much more credible than his speculation that she took a pair of unclaimed pants from the back of the store and altered them to match his measurements.

 

Other Pearson v. Chung Sources

By Matthew Heller
6/25/07

 
rc_insidestories
  • Perfume Allergy Case Settles for $100,000

    A Detroit city planner with an allergy to perfume is savoring the sweet smell of legal success after the city agreed to pay her $100,000 and be more sensitive to the chemically sensitive.
    Read more...
  • Teen's Suit Puts Mug-Shot Publisher Against the Wall

    A new publication in Lincoln, Neb., milks mug shots for humor. But a teenager whose arrest photo appeared in Cuffed doesn't see the funny side of it and has sued the publisher for misappropriating his image.
    Read more...
  • BA Settles 'Reckless' Baggage Handling Suit

    Limiting its liability to a group of only 13 airline passengers, British Airways (NYSE: BAY) has settled a first-of-its kind lawsuit that accused the airline of being “inexcusably reckless” in its handling of passengers' baggage.
    Read more...
  • Judge Says "Gay" Still Defamatory in Texas

    What one court has called “a veritable sea change in social attitudes about homosexuality” has evidently not reached Texas where a judge ruled that an airport security guard can sue a radio show host for calling him “gay” on the air.
    Read more...
  • Mom Says Hospital Gave Her Wrong
    Baby to Nurse


    Because of a hospital's error, Jennifer Spiegel became an involuntary wet nurse to another woman's newborn son. Now she is suing the hospital for its malpractice in providing her with the wrong baby to breastfeed.
    Read more...
  • Case Over MySpace Page Chills Student Speech

    Several recent court rulings have been protective of off-campus student speech -– with the exception of a very shaky decision that a dissenting judge said “vests school officials with dangerously overbroad censorship discretion.”
    Read more...
  • Motorist Who Flipped off Cop Gets $50K From City

    The citation of a motorist for displaying his middle finger to a police officer -– what a judge described as a “somewhat innocuous” gesture -- turned out to be quite expensive for the City of Pittsburgh as it agreed to pay $50,000 to the bird-flipper.
    Read more...
RC_OnFile

Vance v. Rumsfeld
Subject: Detainee abuse
Document: Opinion

Churchill v. Univ. of Colorado
Subject: Academic freedom
Document: ACLU amicus brief

KBR/Halliburton v. Jones
Subject: Sexual assault
Document: Petition for review

Olson v. Baron Cohen
Subject: Verbal assault
Document: Statement of decision

North Face Apparel v. The South Butt
Subject: Trademark infringement
Document: Answer to complaint

more

RC_OnTrial

Spears v. Allergan, Inc.
Court: Orange County (Calif.) Superior
Subject: Botox death
Verdict: Defense

Patterson v. Hudson Area Schools
Court: USDC, E. Mich.
Subject: Student harassment

more


RC_OnTheDocket

McClain v. Pfizer, Inc.
Date: 3/2/10
Court: USDC, Conn.
Hearing: Jury trial in case over unsafe lab conditions.

Sherman v. McDonald's Corp.
Date: 3/23/10
Court: Washington County (Ark.) Circuit
Hearing: Jury trial in case over nude photos.

more