Law Office of Mark Rosenfeld - January/February 2020

WHO WEARS THE PANTS? LADY JUSTICE!

HOW ONE JUDGE LOST A FRIVOLOUS LAWSUIT AND HIS DIGNITY

After losing an article of clothing from a dry cleaner, most would say “c’est la vie” and move on. At most, someone might leave a bad review and ask for a few dollars to cover the loss, but for one administrative law judge, that wasn’t enough. He decided instead to launch an all-out legal battle.

trousers untarnished. Even so, Pearson argued that he didn’t need to prove the pants were lost or damaged to satisfy his “satisfaction guaranteed” claim. Unfortunately for the judge, the court found his position to be ridiculous and ordered him to pay the dry cleaner’s attorneys’ fees. In response, Pearson sought that his own attorneys’ fees be covered to oppose this motion. In the end, Pearson did pay the dry cleaner’s legal fees, but the case isn’t the only thing he lost. The verdict also cost the judge his job and any semblance of professional dignity. Ten years after the case closed, the District of Columbia Board on Professional Responsibility sought a 90-day suspension. As the board put it, Pearson “failed to conduct an objective appraisal of the legal merits of his position. He made and continues to make arguments that no reasonable attorney would think had even a faint hope of success on the legal merits.” From a legal standpoint, we’d call this judge’s behavior “dissatisfaction guaranteed.”

Roy Pearson, a Washington, D.C., judge at the time, sought $54 million to cover the loss of his pants after his dry cleaner lost them. He argued that the “same-day service” sign located in the window of the dry cleaners meant that the company had to provide same- day service. However, Pearson never specified a specific time he needed his clothes returned. He also insisted that the “satisfaction guaranteed” sign meant that the cleaners had to satisfy a customer’s wishes without limit. Based on those arguments, he claimed the signs were fraudulent.

After the initial allegations, the dry cleaners scoured their business to find the pants and, to their credit, found the judge’s

BAD DRIVING

One Age Group is Causing the Most Trouble on the Road

Which age group do you think ranks as the worst drivers in America? According to the

said, “Some of the drivers ages 19–24 believe that their dangerous driving behavior is acceptable.”

AAA Foundation for Traffic Safety, the answer is millennials. Motorists between the ages of 19–39 are the worst when it comes to getting out on the open road.

Another troubling statistic that came from the report revealed that “nearly 12% of drivers ages 19–24 reported feeling that it is acceptable to drive 10 mph over the speed limit in a school zone.” But before you think millennials take all the blame, drivers ages 40– 59 are also guilty of speeding, running red lights, and texting while driving. In fact, over 75% of people in this age group have done so in the last month. This group comes in third behind older millennials (ages 25–39), 79% of whom engage in dangerous driving habits. The 2017 Traffic Safety Culture Index, another AAA report, revealed that just over half of all drivers routinely drive 15 mph over the posted speed limit on highways, and 10 over on residential streets. On top of this, about 25% of drivers believe it is okay to drive 15 mph over the limit. The takeaway is that practically all drivers engage in poor driving habits. The best thing any of us can do is drive defensively and keep our eyes on the road and on other drivers.

The AAA Foundation’s report stated, in reference to drivers between the ages of 19–24, “Eighty-eight percent of young millennials engaged in at least one risky behavior behind the wheel in the past 30 days.” Risky behaviors are defined as speeding, running red lights, texting while driving, and driving under the influence. The report also noted that traffic-related deaths increased by 7% in 2015, which marks the largest increase in more than 50 years — a number that has been steadily increasing overall.

The problem, it seems, is rooted in attitude. Dr. David Yang, executive director with the AAA Foundation for Traffic Safety,

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