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Question of the Week

What’s the Most Outlandish Claim You’ve Seen Filed in Court?

Posted Dec 29, 2008 3:45 PM CST
By Molly McDonough

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In the blogosphere, there's no shortage of nutty lawsuit stories. Entire blogs are devoted to the subject. Overlawyered is one of the most prolific. And Above the Law had this gem about a woman who sued a hospital because she claimed doctors there stole her idea for the cure for cancer.

We couldn't be completely left out of the mix, so we've jumped in from time to time to note claims that might be considered, at minimum, over the top ... at least if one doesn't know all the backstory.

Two of our favorites were the Nebraska lawmaker's lawsuit against God (and the answer), and the South Carolina inmate who pleaded for new counsel because he didn't want a "lady attorney."

This made us wonder about wild allegations you've come across.

So tell us ...

What's the most outlandish claim you've seen filed in court?

Answer in the comments section below.

Read last week's Q&A about favorite euphemisms.

Our favorite answer from last week:

Posted by Lou: "At a previous firm there was a 'Termination Assistance Program' or 'TAP.' Employees were not fired, they were 'tapped.' It gave me a vision of employees sitting at their desks and the HR person 'tapping' them on the shoulder with a sword as if knighting them. In actuality the 'package' was very generous."

Comments

1.

B. McLeod
Dec 30, 2008 1:28 AM CST

It is difficult to identify any one as the most outrageous.  The top category, though, is pro se suits, state and federal, filed by persons with mental issues.  These are often incomprehensible, and I have seen prayers for relief ranging from a few thousand dollars and fees to “a million, trillion dollars.”  It is not uncommon for the pleadings to contain terms and expressions that do not lend themselves to detailed description or repetition on this site.  Also, the opening pleading often signals that the plaintiff may be willing to accept a substantially discounted sum to spare the defense the dire peril of facing them at trial.  I often wonder if some of them may have been “plaintiffs’ class counsel” in Big Law firms, prior to their breakdowns.

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2.

Attorney
Dec 30, 2008 7:48 AM CST

Any suit filed by Jonathan Lee Riches.

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3.

Allen Sheketovits
Dec 30, 2008 7:58 AM CST

I once defended a formal complaint from a woman who sued because management “forced [her] to remove the 16”  color TV she had brought in and kept under her desk (and watched) each day between 10am and 4:00 pm—taking time out, of course for lunch. 

The woman was not even disciplined for watching TV 5 hours a day under her desk, but felt the agency discriminated against her by forcing her to bring the TV home. 

Now she had to figure out what happened on all of the soap operas!  Terrible…and it took 3 years for her to get the TV out after the first complaint came in to the OGC’s office. 

I think the lazy woman “retired” by now.  Oy’!

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4.

JPW
Dec 30, 2008 8:27 AM CST

A federal mail fraud suit, filed by an attorney who ran on a local marathon team.  Team won a charity fundraiser race.  They were allowed to select their own trophies from a catalogue.  When the direct shipped, pottery trophies arrived broken, and the charity advised them to contact the shipper, suit followed.  Fraud claim based on event brochure received in the mail advertising trophies for the winners.  Total value of the trophies?  About $125.

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5.

Attorney
Dec 30, 2008 9:04 AM CST

Montgomery Blair Sibley, the now-suspended attorney from Florida who also represented the now-deceased Washington Madam, sued 7 members of the U.S. Supreme Court for some made up cause of action for refusing to grant Cert in his divorce case.  The Supreme Court denied Cert, citing the U.S. Statute, in that there was no quorum since most members were disqualified from ruling, as they were mostly all Defendants.

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6.

R
Dec 30, 2008 9:48 AM CST

I defended my agency against a pro se lawsuit brought by a plucky little old lady - first name of Thelma - who claimed to have been injured well over 20 years earlier. She refused to believe that there was such a thing as a statute of limitations.

She did all her own legal research and filed countless motions, stringing legal citations and quotes together with no apparent rhyme or reason: contract cases, criminal law, you name it.

She was completely fearless. We had a settlement conference in front of a kindly judge who tried to explain that she could become liable for attorney fees, but she held her ground and said what’s right is right.

My favorite motion was her “Motion to Squash.” Thankfully, it was denied.

She finally agreed to drop her lawsuit (with each side responsible for its own costs - she was judgment-proof anyway) on one condition: that I take her out to lunch. I readily agreed.

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7.

Attorney
Dec 30, 2008 10:27 AM CST

Any lawsuit filed by pro se plaintiff, Amanda Ajuluchuku…

For a small sample of her work, this was excerpted from a North Carolina District Court’s denial of her motion to proceed in forma pauperis:

Plaintiff alleged a disability she suffered when she “fell down a flight of stairs, I injured my brain in the process. My head was split into two parts.  As a consequence, I lack motor skills. Playing the piano at the age of four rewired my brain and accorded me minimal motor skills. Seizures and fainting spells are
symptoms of my disability.”

To add insult to injury, after successfully defending the lawsuit filed against my client, she sued me personally in Federal Court for $9 trillion dollars - alleging that I flew to her home in Texas, stole her mail, rang her doorbell, and ran away - all in violation of the ADA.  What?!?  Fortunately, the district court prohibited her from proceeding and withdrew the lawsuit from the docket.

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8.

R
Dec 30, 2008 10:42 AM CST

“She sued me personally ... alleging that I flew to her home in Texas, stole her mail, rang her doorbell, and ran away ...”

Well, DID you? ;-)

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9.

Anne Golden
Dec 30, 2008 11:24 AM CST

It seems to be very popular to talk about meritless lawsuits, but I’ve never seen a list of meritless defenses raised by defendants.  The frequent lists of ludicrous complaints are, in my opinion, just another weapon from the right-wing “tort reform” lobby.  Ultimately, the anti-plaintiff fallout harms many people who have real, meritorious claims.

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10.

James E, Barlow
Dec 30, 2008 11:26 AM CST

I had a court appointed defense attorney whose client told her he was possessed by devils file a motion for a court appointed exorcist.  I will not reveal the attorneys name because she is still around.

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11.

Daniel Reitman
Dec 30, 2008 11:31 AM CST

In a fraud case, the defendants filed to remove to federal court on the grounds the agreement was entered into across state lines and therefore implicated interstate commerce.  Unfortunately, they did not have diversity.

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12.

Intern
Dec 30, 2008 11:53 AM CST

I am writing my law review article on the frivilous filing of UCC financing statements. Inmates file UCC financing statements against public officials as a form of harrassment. Their argument? Their names are copyrighted and trademarked and the court used the name without permission.

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13.

Former CA5 Clerk
Dec 30, 2008 1:04 PM CST

While clerking at the 5th Cir. many years ago, I saw an appeal by an inmate who sued prison officials for removing valuable coins from his head.  As “proof,” he submitted hand sketches of the inside of his head “showing” the coins that had been there and removed against his will.  His appeal was of course rejected, and he was invited not to file any more appeals without prior court approval.

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14.

B. McLeod
Dec 30, 2008 1:08 PM CST

The inmates are not alone.  Unsuccessful pro se litigants, in addition to filing new claims against the attorneys personally (as referenced by #7 above) often also resort to the bogus “liens,” targeting parties, witnesses, attorneys and even judges whom they blame for the failure of the initial claim.

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15.

K
Dec 30, 2008 2:46 PM CST

Several years ago I was back in court with a divorce client seeking to cancel his alimony obligation.  His divorce decree provided that his obligation would cease if his ex entered into a relationship with another adult “akin to marriage.”  My client was smart, he waited until boyfriend resided with his ex for over a year before filing his motion to modify. 

The ex’s attorney agrued that because his client and her boyfriend were “swingers” and were not “mutually exclusive” their relationship wasn’t akin to marriage.  Sharing of household chores and expenses didn’t count.  The attorney even brought in other male friends of his client to testify to their various activities the preceding year.

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16.

SacCrimDef
Dec 30, 2008 3:29 PM CST

I used to intern at the Small Claims Advisory Clinic, where I got to know a handful of professional litigants. Many people filed a lawsuit over what the rest of us would consider a learning experience. One was a woman who became upset over her pizza order, so she sued for the $19 pizza. The judge refused to hear the case and sent it to the mediator. The woman ended up with a coupon, after spending over a hundred dollars in fees.

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17.

Doris K.G.
Dec 30, 2008 7:11 PM CST

Bush v. Gore

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18.

non-litigator
Dec 30, 2008 8:08 PM CST

I worked in-house for a company that operated convenience stores.  A customer wanted the clerk in one of the stores to change a $100 bill, and the clerk suggested going to the restaurant across the highway.  The customer was killed when hit by a car while crossing the highway.  His heirs sued the company.

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19.

Angry Taxpayer
Dec 31, 2008 7:54 AM CST

Tie between Bush v. Gore (obvious Constitutional resolution Rehnquist was completely unfamiliar with) and Lehman Bros. filing for bankruptcy.

Appoint a Special Prosecutor now.

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20.

J.D.
Dec 31, 2008 10:01 AM CST

Bush v. Gore—That’s right. It is troubling that Al Gore decided to bring an election into the courtroom by initiating litigation.

It seems that when libs cannot win an election through the political process, they turn to the men/women in black as a second resort.

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21.

Charles Schwartz
Dec 31, 2008 10:36 AM CST

To Comment #20 - Well…how else do you propose resolving a claim of an irregularity?  I guess we could use pistols at dawn from 10 paces, but that seems kind of antiquated…

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22.

Deyseeme T. Rollin
Dec 31, 2008 10:43 AM CST

@21—Antiquated, but effective.  Also, it really unclogs those congested appellate dockets.

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23.

J.D.
Dec 31, 2008 4:29 PM CST

Good point, 21. Maybe the left’s effort to destroy the 2nd Amend. is part of their election-stealing agenda…. I think you’re onto something.

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24.

Stony Brook University
Dec 31, 2008 6:39 PM CST

Emigrant dry cleaners were sued for millions over a missing pair of pants. Wanna guess his occupation? You can read about in the New York Times and the Washington Post..http://www.washingtonpost.com/wp-dyn/content/article/2007/04/25/AR2007042502763_pf.html

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25.

B. McLeod
Dec 31, 2008 11:49 PM CST

A judge?  But, without his pants, his suit was just a coat and vest.  The lesson here - keep a kilt in reserve.

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26.

goodone
Jan 1, 2009 11:31 AM CST

LOL at #5.

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27.

anothergoodone
Jan 1, 2009 11:34 AM CST

LOL at #15.  Attorneys and their clients can be such w.h.o.r.e.s

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28.

yetanothergoodone
Jan 1, 2009 11:36 AM CST

LOL at #18.  What was the outcome?  SJ dismissal?

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29.

J.D. Nevaire
Jan 1, 2009 8:16 PM CST

Whoever the heck is in charge of everything, thank you.

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