Drudge Retort: Red Meat for Yellow Dogs
Thursday, November 20, 2008

The U.S. Supreme Court refused to hear Jarek Molski's appeal, letting stand a federal judge's ruling barring the disabled man from filing any further litigation on top of the 400 suits he's already filed.

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mitch

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Look, I know that 400 lawsuits seems excesive, however, I don't believe there is nothing in the Constitution about limits to individuals filing lawsuits. Again, the judges and justices are not acting according to the Constitution, but rather are imposing their own personal opinion on a case. This is judicial activism at it's worst, stripping a citizen of his right to sue.

How about if instead of picking on disabled people the courts and the government enforces the ADA? Radical idea, I know.

there is nothing

there is anything

there is something

If his suits were phony, I'd agree. But, if these cases all had merit, or even most, then there is no reason to stop the law from being enforced.

He may have been a frequent filer, but so are lawyers who specialize.

I don't agree unless his claims were phony. There are some who won't accept a legal "no" for an answer. They lose every court case. But, when you're right and the court has ruled your way, too (meaning you won court cases), the law should be supporting you and the judges should be hearing the cases.

He should not have had his rights stripped, however i think if he was just filing frivolous suit after suit then the judges should force him to pay court costs and something to the defendant for their hassle. Take away his ability not his rights. AS it is now all they have done is essentially told him to have someone else file them, if these lawsuits are unfounded then they should be stopped but not by the removal of rights.

I'm surprised that he was stripped of the right. Usually, I've seen them just make you file your claim in a special way so the court can review it beforehand to be sure it isn't more junk.

I agree about making them pay the cost, but if the person can't pay the cost, then what? Bar them from filing until they can pay?

"Bar them from filing until they can pay?"

If the case was indeed frivolous, then yes if you abuse the system you should not be able to use it until you make right what you did wrong. That obviously cannot apply to criminal proceedings.

I did not read the article.

400 lawsuits? C'mon.

They guy sounds like a big pain in the ass to me.

Fuck him!

A new disability? He has lost the use of his right to litigation. We'll have to create a system that is frivolous accessible.

Molski, who has used a wheelchair since a motorcycle accident two decades ago, sued restaurants, bowling alleys, wineries and other retail outlets for insufficient handicapped parking, misplaced handrails and other violations of the disabilities act, demanding that business owners be fined $4,000 for every day their facilities failed to meet exacting federal standards.

Fear of adverse judgments compelled many to settle out of court, earning the Polish-born plaintiff hundreds of thousands of dollars in less than two years.

Makin' a livin' gamin' the system. Gotta stop somewhere...

Makin' a livin' gamin' the system. Gotta stop somewhere...

400 sounds like a nice round number to stop at .

I guess they could see through his agenda --- using his disability to abuse the system. Common sense won.

I'll agree with the idea that people shouldn't be able to file 1,000,000 lawsuits at the same time on two conditions:

1. They are completely without merit.

2. Corporations have to follow the same rules. They can't just file bullshit motion/lawsuit after bullshit motion/lawsuit to keep legitimate complaints tied up in court that they know full fucking well that they will lose if the victim doesn't just give up or run out of money.

"The judge's order applied only to the Central District of California, which includes Los Angeles. " per the link

This guy is a Vexatious litigant, pure and simple.

Problem is he is only being scrutinized in LA.

He can still go to other parts in CA and file away.

----------

I have handled many many ADA claims.

One guy had filed 60 lawsuits here in San Diego and another couple filed 200 between here and HI.

The one guy never went into the businesses he sued. He drove by and then sued. These were seaside businesses and the suits were over parking and signage and ramps. The ADA gave 10 years or something (enacted in 1988 ?) to make changes to premises to comply--or if they did remodeling they had to do upgrades.

He would also collect the money thru the Federal courts and most of the money went to the local SD ADA Chapter.

The lawsuits were bs for the most part.

Another guy went thru the phone book and sued every single Der Wienerschnitl (sp?) because of the fronts of these businesses had that Order Window with the shelf and claimed it was too high for his wheelchair. And bathroom access doorways were too narrow (which is a legitimate breach).

The funniest was the guy who sued the local porn shop with the movie peep show booths. He claimed the viewer was too high and there wasn't one set for wheelchair heights. He further claimed disgorgement of profits since they would have to take two booths to make one accessible to wheelchairs. He found all the local porn shops were the same and included them all in the lawsuit.

----

But this guy can continue to sue--it has to be approved. But he only needs to drive over to Santa Barbara or San Bernardino or here and he can keep abusing the system.

I think--last I heard San Diego was requiring an ADA lawsuit plaintiff to notify the business in writing of the problem before they can file a suit.

What makes these lawsuits so expensive is that the defendant has to pay the plaintiff's attorney fees and costs, including expert fees. It's in the law.

So the attorney charges like $350-$500 an hour and the penalities are set rates in the law. The attorney would get or claim $10,000 minimum for filing the suit (a boiler plate form), a few phone calls and maybe a trip to the federal courthouse, meet with the judge, reach an agreement and be done.

And there is no insurance policy that covers this unless they bought the policy. And you know that if the carrier is willing to sell this kind of coverage it is because the insured will never need or use it.

larry is gonna be pissed.

400 suits seems a bit much. Unless access was impossible he really shouldn't sue. I am sure most small businesses would make accommodations to help disabled customers without being sued.

When you file a frivilous lawsuit and loose, you should have to pay all of the costs for both sides. Maybe a lawyer should have to go to jail for filing a frivlous suit. Our corts are so tied up in bullshit that they never will se the light.

Surely he must have been a democrat!

What about the RIAA Filing literally thousands of suits to extort money? The darling of you right wingers, yet you cheer their suing of thousands of ordinary people. Scumbags.

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