Shops Bring Fake and Inflated Civil Claims Against (non)Shoplifters

Posted on February 21, 2008 by Michael Froomkin

Evidence for the hypothesis that modern life in the USA is increasingly Dickensian: Big Retail Chains Dun Mere Suspects in Theft. Incredible. And right here in Florida…

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6 Responses to Shops Bring Fake and Inflated Civil Claims Against (non)Shoplifters

  1. LACJ says:
    February 21, 2008 at 10:16 am

    When the law is a tool used by the wealthy to control and hurt the poor.

    We as consumers have been been sliced up into tranches and sold off. Its really as simple as that.

  2. Joe says:
    February 21, 2008 at 11:05 am

    Does this kind of predatory legal practice appear on the ethics exam? (I thought not).

  3. John Flood says:
    February 21, 2008 at 5:15 pm

    As the article makes clear the Florida Bar Association has yet to take any of the complaints about predatory lawyering, including harassing telephone calls, seriously. Zealous advocacy is one thing, but this type of behavior goes beyond the norms sanctioned by the rules of professional conduct.

  4. Larry says:
    February 21, 2008 at 5:37 pm

    Down in the WSJ story we read that several of those who were wrongly accused and threatened later won suits against the retailers. Great, but what bugs me is that the settlements are secret. Big contradiction to the ideal of transparency, and it’s all over the place.

  5. DUI says:
    February 21, 2008 at 10:48 pm

    Well… I understand the concept of zealous representation, but this is pretty over the top. The FL Bar really needs to address this.

    @ Joe— Good point!!

  6. PHB says:
    February 22, 2008 at 9:18 am

    In the UK the handyman could sue Home Depot for slander by deed. The precedent is a case involving W.H.Smith. Accuse a person of theft and get it wrong and you stand to loose rather more than the $3000 being demanded by Home Despot.

    I don’t see why the same principle should not apply here. I have no problem with the stores being able to sue rather than bring criminal charges. But they have to be accountable for errors.

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