Demagoguery By David (Nieporent)
David Nieporent at Overlawyered had an update on Roy Pearson's bogus pants lawsuit. As with many of his posts, it's rife with demagoguery and factual omissions.
Contrary to what we had speculated, it appears that Pants Judge Roy Pearson still has a job and may continue to do so. According to an unnamed D.C. official, and exemplifying the attitude with which the tort reform movement is fighting, "I don't think it's appropriate not to reappoint someone just because they file a lawsuit. You can't retaliate against someone for exercising their constitutional, First Amendment right to file a lawsuit to vindicate their rights." (No, but you can retaliate against someone for filing a frivolous lawsuit.) Meanwhile, as a face-saving publicity stunt, the American Trial Lawyers Association filed an ethics complaint against Pearson; really, Pearson isn't doing anything that ATLA doesn't endorse in other situations.
Source: Overlawyered: Updates - May 17
First, I agree wholeheartedly that this lawsuit is frivolous. So does David. But neither he nor I can discipline Roy Pearson. Until a judge does make the judicial determination that this lawsuit is frivolous, vexatious, or otherwise inappropriate, Pearson is nothing more than a litigant in a civil lawsuit and there is no legitimate reason to terminate him for this lawsuit. Terminating him now sets a dangerous precedent; should your bosses be able to terminate you for firing any lawsuit they determine to be frivolous? No. Pearson should keep his job unless and until the judge in his case makes the determination that the case is frivolous, vexatious, malicious, or otherwise improper. Once that determination is made, however, Pearson should be out on his ass.
Second, Nieporent's attack on the ATLA is without factual basis, and is nothing more than another of Nieporent's knee-jerk reactions against trial lawyers. This wasn't a face-saving stunt in any way, if for no other reason than the ATLA was not affiliated with or otherwise associated with Pearson or this lawsuit. One of the reasons this case shocks us is because Pearson is a judge. If any group of people need to "save face" then, it's not trial lawyers, but judges. Moreover, ATLA members are giving money to the Chungs. I wonder if Nieporent has written them a check yet.
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