Note in the article at least it says that Judge MacCarthy accused Gloria’s dog of being “just a pet” and that Gloria had a fake disability (LAS) or Litigation Abuse Syndrome. I hope Gloria reported this nonsense to the JIB.
What the 7th circuit said was that Gloria had to exhaust her state court remedies. That is, she had to first appeal the ruling in Judge MacCarthy’s courtroom, or file a separate state court lawsuit.
We all know that Gloria’s suit would have been dismissed by the appellate court and any new suit brought in state court would have been kicked to the curb, and most likely with sanctions.
However, I can’t tell you how many times in the past I had told clients that they had to exhaust their state court remedies in order to go to Federal Court. Soooo many people have found that state court is prejudiced against the ADA, the senior, the disabled, the disenfranchised. All these people see it and feel it and want to run to Federal Court. But they can’t. They first have to exhaust state court remedies.
I still recall when Aicha MacCarthy came screaming down the court hallway, her robes a flutter in the breeze she was creating, screaming she was going to jail Gloria because Shaggy barked and she thought service dogs don’t bark. (See prior post, yes they do, as a last resort when the person they are caring for isn’t taking appropriate action, they bark to warn of imminent danger).
So when your lawyer tells you you have to exhaust all your state court remedies before filing in federal court, please do so. File the appeal that will be dismissed on motion, file the new case that will be dismissed for failure to state a claim because currently the Circuit Court of Cook County doesn’t believe there is an ADA or that it applies to anyone or anything.
Just ask Aicha MacCarthy.