In 2010 in New Mexico, a plaintiff named Arthur Firstenburg filed a $1.43 million lawsuit against his neighbor, Raphaela Monribot, claiming that her use of electronic devices and WiFi had caused him harm. Just like the character Chuck McGill (Saul's brother) in the AMC hit TV show "Better Call Saul," Firstenburg claimed that he suffered from "electromagnetic hypersensitivity" and that Monribot's use of electronics caused him years of "chronic pain."  

As described in more detail in a New York Times article, the trial court denied Firstenburg's request for a preliminary injunction preventing his neighbor from using her electronic devices, but the court let the case proceed on the merits.  Although there was little, if any, evidence that electromagnetic hypersensitivity is a real illness, the court allowed both sides to conduct a battle of experts.  Ultimately, after the defense attorneys expended significant time and money (including $200,000 in fees), the court finally dismissed Firstenburg's case on summary judgment.

Incredibly, Firstenburg appealed, but this time without counsel to represent him. Fortunately, his pro se appeal was denied by New Mexico's Court of Appeals.  

The lesson to be learned here is that not every perceived slight is actionable at law, and these kinds of meritless cases only serve to besmirch the practice of law by honorable attorneys. If you think you have a case, including a nuisance claim or any other action against a neighbor, contact a good lawyer first before wasting your time and creating unnecessary conflict. In other words, don't call Saul Goodman.

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