Ex-Judge Who Sued Dry Cleaner for $67M Over Lost Pants Hit With 90-Day Bar Suspension
The D.C. Court of Appeals said Roy Pearson Jr. had "chosen at every step of the disciplinary process, including as recently as his oral argument in this appeal, to levy accusations against disciplinary counsel, the board, the hearing committee, and this court."
June 04, 2020 at 07:06 PM
4 minute read
The original version of this story was published on National Law Journal
A three-judge panel of the D.C. Court of Appeals on Thursday imposed a 90-day suspension from the practice of law on a former District of Columbia administrative law judge who unsuccessfully sued a dry cleaner 15 years ago for more than $67 million for allegedly losing a pair of his pants.
Judges John Fisher, Catharine Easterly and John Steadman said in an unsigned opinion that they agreed with findings by the District of Columbia Board of Professional Responsibility that former Judge Roy Pearson Jr.'s 'litigation tactics went beyond aggressiveness and crossed the boundary into abusiveness.'"
The panel ruled that Pearson had violated professional conduct rules prohibiting frivolous litigation and the interference with the administration of justice.
"It is also true that, as a technical matter, some of Pearson's theories presented a matter of first impression," the panel said. "But the lack of a definitive holding precluding a legal theory does not mean that it cannot be frivolous."
Pearson, who represented himself in the disciplinary proceedings, was not immediately reached for comment Thursday evening. Pearson formerly was a judge with the District's Office of Administrative Hearings.
Pearson claimed that the owners of Custom Cleaners in D.C. lost a pair of suit pants and tried to give him a pair that weren't his. He sued the owners in 2005, raising fraud and consumer protection claims. The case went to a bench trial in 2007 and his claims were rejected. The D.C. Court of Appeals upheld that decision in 2008.
During the litigation, the dry cleaner owners made three offers to settle, the largest being $12,000. Pearson rejected all three.
Pearson's claims, according to the panel, "continually expanded throughout litigation and his liability and damages theories became more clear—and more outlandish—as the case progressed." The panel described the total damages figure as "shocking in itself; simply put, Pearson asked the trial court to award him $67,292,000 because of his dissatisfaction with defendants' dry cleaning services. But the constituent parts of that $67,292,000 total are equally troubling."
The "constituent parts," the panel said, included $90,000 to rent a car because he allegedly needed to patronize another dry cleaner; $3 million in emotional distress damages, and $10,000 immediately for ongoing services by the dry cleaner that he sued.
In 2016, a hearing committee of the professional responsibility board recommended a 30-day suspension with a stay for a two-year probation period. But the board in 2018 rejected that suggestion as too lenient.
Before the D.C. Court of Appeals, Pearson argued that the long delay between the Pearson v. Chung litigation and the initiation of the disciplinary proceedings required dismissal of all charges.
But the panel said that "because Pearson v. Chung is a matter of public record, as are the legal arguments that Pearson made, the motions that he submitted, and the damages that he demanded, we are unable to discern any impairment of Pearson's defense that resulted from the delay. The delay, while troubling, does not rise to the level of a due process violation."
The D.C. Court of Appeals panel found Pearson's lack of disciplinary history was a mitigating factor. And the court said that even if Pearson's "actions were heartfelt," as quoted from an earlier case, that does not mean they were "innocuous."
"Pearson has chosen at every step of the disciplinary process, including as recently as his oral argument in this appeal, to levy accusations against disciplinary counsel, the board, the hearing committee, and this court," the appellate panel said. "The ongoing nature of Pearson's conduct indicates that a 90-day suspension is appropriate."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: After a 74-Day Trial, Shook Fends Off Claims From Artist’s Heirs Against UMB Bank
An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
‘It's Your Funeral’: Avoiding Doing Damage to Your Client’s Case With Uncivil Behavior
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250