OCALA - A Florida class action lawyer has convinced a federal judge he isn't to blame for the filing of a frivolous lawsuit.
Judge Gregory Presnell decided July 25 not to punish West Palm Beach lawyer William Wright for a failed lawsuit against Big Lots. His claims had already been rejected in New York, where they were filed by a different lawyer whose name appeared on Wright's Florida complaint.
Upon determining that other lawyer - Spencer Sheehan - should have to pay Big Lots $180,000 for its attorneys fees, Presnell ordered Wright, who signed the complaint, to show why he shouldn't be liable for part of that punishment.
Wright pleaded ignorance and pointed out that Big Lots' motion for fees only mentioned Sheehan, not him. Presnell's short order says in consideration of his response and remedial measures he's taken, the show cause order is discharged.
Presnell found earlier in the case that Sheehan had perpetrated a fraud on his court. The lawsuits against Big Lots claimed the Fresh Finds brand coffee at Big Lots claimed to make up to 210 suggested strength 6 oz. servings but actually didn't.
But judges found those plaintiffs didn't pay enough attention to other serving instructions on the package.
Wright, who represented plaintiff Peggy Durant, signed the complaint and Sheehan's name was also included. Sheehan had filed the same suit in New York federal court and lost, leaving Presnell to find the second case was frivolous.
Wright claims in a July 17 filing that Sheehan, who has filed hundreds of novel consumer deception class actions that have angered several judges, never told him about the first, failed lawsuit.
"Wright was unaware of the Devey dismissal opinion until defense counsel cited it in their motion to dismiss the Durant matter," Wright wrote. "Neither Sheehan nor defense counsel ever mentioned or discussed the Devey litigation with Wright, nor was Devey ever noticed as a related case.
"Further, though aware that Sheehan is a prolific filer of consumer cases, Wright was unaware of the other opinions admonishing Sheehan's conduct referred to in Defendant's motion to dismiss or in this Court's opinion for fees and costs.
"Similar class action cases are often filed in other jurisdictions. But at the time of the Durant filing, Wright had no reason to believe Sheehan had previously filed the exact case and had already been admonished in the dismissal opinion."
Presnell's order granting Big Lots' request for attorneys fees noted Sheehan's name was on the complaint but he never motioned the court for permission to practice in the Middle District of Florida.
Wright claims Sheehan's name appeared simply so Sheehan, of New York, would be noticed with case developments. Wright says he was unaware court rules required Sheehan's pro hac vice motion and believed Sheehan only needed to file that motion if he made an appearance in the case.
Wright has had Sheehan's name removed from this and other cases it appeared on that are being pursued by Wright in the district.
Wright's claim he didn't know of the failed New York case first drew skepticism from Presnell - it "not only stretches the bounds of his credibility to breaking point but, if true, evidences his unwillingness to undertake even the most basic act of diligence to verify the veracity and integrity of his filings."
Wright noted that Big Lots' motion only asked for Sheehan to pay its fees and was prepared by the firm Davis Wright Tremaine, which also won the New York case.
"Defense counsel found no reason to include William Wright or The Wright Law Office in their client's motion for fees and costs," Wright wrote.
"This speaks volumes about Wright's culpability in the Durant case and his knowledge of Devey. Defense counsel has the most thorough understanding of the facts.
"Had defense counsel thought Wright was in any way involved in frivolous or vexatious litigation, he undoubtedly would have been named in the motion for fees and costs."
Sheehan advertises on Facebook to find new plaintiffs, like a woman who used Ricola cough drops for more than 20 years before deciding to sue.
Sheehan first gained notoriety as the "vanilla vigilante," filing a host of lawsuits that claimed vanilla flavoring in products did not contain traditional vanilla.
Sheehan has sued because the strawberry flavoring in Pop-Tarts comes from pears and apples and is dyed red. He complained Bagel Bites have cheese that is a blend made with skim milk and feature tomato sauce that contains ingredients consumers wouldn't expect (the judge hearing that case called his claims "unreasonable and unactionable").
Last year, he lost a lawsuit that said the fudge in fudge-covered Oreos should adhere to traditional definitions of "fudge" by containing more milk fat and not palm oil and nonfat milk.
A federal judge has called him "a wrecking ball."