Some people are vexatious litigants, and others are just guys who file lots of suits. Kenneth Schmier might be the latter.
In a brief filed with the San Francisco federal court Monday, the Emeryville lawyer tried to fend off a judge’s wrath by citing a 2007 Ninth Circuit U.S. Court of Appeals ruling that enunciated the factors used to determine whether someone is a vexatious litigant.
“As the Ninth Circuit has instructed,” Aaron Aftergood, Schmier’s Los Angeles-based lawyer, wrote, “'the simple fact that a plaintiff has filed a large number of complaints, standing alone, is not a basis for designating a litigant as “vexatious."’”
What's a guy gotta do to be vexatious around here? After the jump ...