Businesses “More Likely to Sue Frivolously” trumpets Bizarro-Overlawyered and Greedy Trial Lawyer, quoting a Public Citizen report. Except not even the Public Citizen report supports this claim, and no mathematically-literate person reading the report could think so.
Posts Tagged ‘pro se’
Pro se suits: don’t blame lawyers, right?
Every so often someone suggests that poorly conceived pro se (self-represented without a lawyer) lawsuits can’t count as a symptom of an overlawyered society, since lawyers aren’t involved in them, right? I left a comment at Evan Schaeffer’s site the other day about this question and reproduce it here:
I agree that it’s fair to point out that many dubious legal claims are advanced by unrepresented pro se litigants, and also fair to point out that most lawyers would have advised against pressing many of these claims, and thus would have played a socially beneficial role had they been called into the case by the claimant.
I don’t agree that the moral is that such cases have no logical link to public discontent with the legal profession. Our system is set up so as to encourage marginal pro se claims (like marginal claims generally) through liberal rules of civil procedure that make it easier to get into court, rules on causation and damages that make longshot theories seem worth a try, lack of loser-pays, and so forth. These ground rules were largely developed by, and are certainly jealously guarded by, the profession that administers and makes its living from them, and that profession is assuredly not the hatters, the cobblers, or the cigar makers.
Suit: Your niece is ugly
A Massachusetts family is suing a Maryland family over what they call an arranged marriage for their 37-year-old son, Pranjul K. Pandey. The Pandeys called off the marriage after travelling to New Delhi when they decided the bride was too homely. (The former lawyer for the bride’s family denies that there was an arranged marriage, and that the meeting was informal.) The suit seeks $200,000 for fraud, violation of civil rights, and emotional distress. Among the defendants is Emergent BioSolutions Inc., a Gaithersburg company that employs the uncle of the woman in question. One can’t blame the lawyers for this one: the plaintiff, Vijai B. Pandey, previously convicted of bank fraud, is a frequent litigant, and has filed this case pro se. (Marla A. Goldberg, “Family sues over ‘ugly’ bride”, MassLive.com/The Republican, Jul. 5 (via Romenesko)).
Why the Jessica Cutler case matters
For some reason, we haven’t yet covered the Washingtonienne libel suit, where Little Rock law professor Robert Steinbuch revealed he was “R.S.” by filing suit against the infamous blogger, causing Judge Paul Friedman to comment, “I don’t know why this guy thought it was smart to file a lawsuit and lay out all of his private intimate details in an appendix to the complaint.”
Now Wonkette reports that Cutler’s third set of attorneys in the litigation Robert Steinbuch has filed against her, and has not yet retained new attorneys. Why might you care? Because Steinbuch, who waited until May 16, 2005 to complain about a May 4, 2004 blog post, is planning on arguing that every new blog post restarts the statute of limitations for a plaintiff wishing to complain about a blog. (T.R. Goldman, “A Man Scorned”, Legal Times, May 22). If Cutler defends against this argument pro se, Judge Friedman could be induced into an erroneous ruling that makes life difficult for bloggers everywhere. And there’s no reason that Steinbuch’s logic wouldn’t equally apply to computer databases like LEXIS that “republish” mainstream media articles upon request. One hopes Friedman will see through the Steinbuch argument.
18-year legal malpractice suit
Adeline Scomello of Suffolk County, N.Y. engaged five attorneys to represent her in divorce proceedings, and sued all five for legal malpractice. Now a judge has finally thrown out, with strong words as to its lack of merit, her pro se suit against lawyer #2 in the series — a suit that lasted for eighteen years. Dismissing her 329-page application for reargument, Supreme Court Justice Jeffrey Arlen Spinner wrote that New York’s public policy of “unfettered access to the courts” must give way at some point. (Mark Fass, “Judge Halts Pro Se Litigant’s ‘Abusive Litigation Practices’ Against Divorce Lawyers”, New York Law Journal, May 11). (Corrected to fix typo in litigant’s name).
“Man Charged In Prostitution Ring Sues Clients”
Partners in crime dept.: “A Dutch man who served time in jail and was deported for running one of the largest escort services in the Southeast has sued six former customers.” Arthur Vanmoor, 46, who used aliases such as “Big Pimpin’ Pappy” and whose South Florida enterprise “accounted for up to 90 percent of the escort service listings in Broward County’s 2002 Yellow Pages”, claims his customers got him in trouble by breaking the law and violating their contracts with him. “To pay the $245-per-hour escort fee, the men signed a credit card slip that said, ‘Cardholder states that this transaction is not for illegal activity,’ said Vanmoor’s attorney, Montgomery Sibley.” (AP/NBC6.net, Feb. 27).
Montgomery Sibley, attorney for Vanmoor, appeared on Tucker Carlson’s “The Situation” Mar. 1 to explain his client’s case; see this amusing account with video. A Google search reveals that a Florida attorney named Montgomery Blair Sibley, proceeding pro se, sued federal judicial officials including the nine members of the U.S. Supreme Court (including “Steven” Breyer) demanding a million dollars in damages from the Justices individually for various purported offenses which included not granting certiorari review to a domestic dispute Sibley was involved in. Sibley took his case up to the Eleventh Circuit (PDF), but did not prevail.
According to the South Florida Sun-Sentinel, “Vanmoor is known for his litigious nature. In the past decade, he has been a plaintiff or defendant in 29 lawsuits in Broward County alone. He has sued businesses that challenged him, police departments that investigated him, an assistant state attorney who prosecuted him and journalists who reported on him.” (Sean Gardiner, “Man charged in Broward prostitution ring sues his clients”, Feb. 27). The alleged johns have not been named in the latest round of news coverage, so far as a cursory search of coverage reveals. One wonders whether the possibility of such publicity might be one factor influencing the prospective settlement value, if any, of the new round of suits.
“Stop beaming rays at my head”
Creatively resolving grievances without resort to legal process:
As time went on [at my first job after law school, at the federal courthouse in Kansas City, Mo.], I met all manner of people who had business for the court. We met several people who complained that some government department or other was beaming invisible rays at their heads. One of these poor souls came in on a quiet Friday afternoon, so another clerk and I took him over to the Lexis terminal, at that point an imposing stand-alone console about the size of a small desk. We turned it on, typed in “Stop beaming rays at John Doe’s head,” hit “enter” and turned it off. Doe left happily, the voices in his head now silent, and we returned to our duties, knowing that we had helped one American citizen obtain justice in an imperfect world.
(Tom Alleman, “Are Pro Se Suits Ridiculous, Per Se?”, Texas Lawyer, May 9).
Fieger Update: Gilbert v. Ferry
You may recall the $21 million verdict thrown out by the Michigan Supreme Court last year (Jul. 24) because of misconduct by Geoffrey Fieger at trial. (Gilbert v. DaimlerChrysler (Mich. 2004); parties’ briefs; Brian Dickerson, “Judges use Fieger tactics to rebuke him”, Detroit Free Press, Jul. 26; yclipse blog). Fieger had had a buddy “expert” social worker testify that the alleged harassment caused Gilbert’s pancreatitis, and told the jury that Gilbert was like a “Holocaust victim.”
After losing, Fieger responded by filing ethics complaints against the four justices who ruled against him, and, when that didn’t work, filed a civil rights lawsuit in federal court against the justices. This tactic, far more often seen performed by unstable pro se litigants than by prominent trial attorneys, was, as could have been expected, rejected by the trial court and then by the federal court of appeals. (Gilbert v. Ferry (6th Cir. Mar. 10, 2005), affirming 298 F. Supp. 2d 606 (E.D. Mich. 2004)) (via yclipse).
“Judge throws out lawsuit over summer homework”
Another widely noted pro se suit comes to grief: Wisconsin judge Richard J. Sankovitz has thrown out the lawsuit filed by 17-year-old Peer Larson and his father arguing that mandatory summer homework should not have been assigned in the honors math class Larson wanted to take (see Jan. 21). “Had the Larsons done a bit more homework, they would have discovered that the people of our state granted to the Legislature … the power to establish school boards and the state superintendent and to confer upon them the powers and duties the Legislature saw fit,” wrote the judge in his order (PDF, courtesy Courthouse News). (AP/Janesville, Wis. Gazette, Mar. 9).
Judge tosses “Fear Factor” suit
“A judge threw out a lawsuit in which a viewer sued NBC for $2.5 million, contending that he threw up because of a ‘Fear Factor’ episode in which contestants ate rats mixed in a blender. U.S. District Judge Lesley Wells called Austin Aitken’s lawsuit frivolous and warned him against appealing.” The handwritten suit (see Jan. 7) was pro se. (“Judge Nixes Viewer’s ‘Fear Factor’ Lawsuit”, AP/Fox News, Mar. 10).