Serial Filer of Frivolous Lawsuits Gets His Comeuppance
I have written about Jarek Molski, the serial abuser of the Americans with Disabilities Act, here and here. In the first of those two posts, I described Molski’s M.O. in this way:
Jarek Molski of Woodlnd Hills is disabled. He goes to a lot of restaurants, finds violations of the Americans with Disabilities Act, and sues.
But the Overlawyered site has really owned the Molski story, and I turn to them for news that the Ninth Circuit last week upheld a decision to declare Molski a vexatious litigant who must obtain court permission to file ADA suits against ethnic restaurants.
Money quote from the decision (PDF file):
[I]t is very unlikely that Molski suffered the same injuries, often multiple times in one day, performing the same activities—transferring himself from his wheelchair to the toilet or negotiating accessibility obstacles. Common sense dictates that Molski would have figured out some way to avoid repetitive injury-causing activity; even a young child who touches a hot stove quickly learns to avoid pain by not repeating the conduct.
Yes, he does . . . unless he can sue Mom for statutory damages, that is.
This guy must be a real jerk if even the Ninth Circuit is shutting him down.
When the Nineth Circuit basicly calls you a f*cking retard, you know it’s bad…Scott Jacobs (425810) — 9/11/2007 @ 5:04 am
One of the few good rulings by americas most infamous appeals courts they should take away his wheel chairkrazy kagu (3e8790) — 9/11/2007 @ 7:14 am
I’m surprised the 9th Circus did this to the posterboy of the ABA. I mean this guy sues for income like too many members of the ABA.PCD (b47ba5) — 9/11/2007 @ 7:20 am
[…] (on Ted’s reclining-car-seat post, which has drawn a bodacious number of comments), Patterico (on Jarek Molski), Bainbridge (on animal welfare laws), and Adam Smith Institute (on lawyers suing […]September 13 roundup (38253e) — 5/27/2008 @ 4:11 pm