McLawsuit

Pleasantly surprised by the US court dismissal of a lawsuit blaming McDonalds for causing obesity.

http://www.smh.com.au/articles/2003/01/23/1042911493787.html

A paper quote that I never thought I'd see in reference to a US court:

"At issue, [the judge] said, is where to draw the line between personal responsibility and society's responsibility to protect individuals."

The plaintiffs intend to appeal.


If anyone is interested in how the US got to this point, I recommend a fascinating book called
"Galileo's Revenge: Junk Science in the Courtroom"
by Peter W. Huber

Unfortunately Australia is heading down the same path.

cheers, Tony
 
Hi Tony,

Perfect lead-in for an email I got the other day. The usual disclaimers as to reality vs. urban myth apply, but very funny reading nonetheless.

Jamie :p

> AMERICAN LAWSUITS
> It's time once again to consider the candidates for the annual Stella
> Awards. The Stella's are named after
> 81-year-old Stella Liebeck who spilled coffee on herself and
successfully
> sued McDonalds.
>
> That case inspired the Stella awards for the most Frivolous successful
> lawsuits in the United States. The following are this year's candidates:
> >
> 1. Kathleen Robertson of Austin, Texas, was awarded
> $780,000 by a jury of her peers after breaking her ankle tripping over a
> toddler who was running inside a
> furniture store. The owners of the store were understandably surprised
at
> the verdict, considering
> The misbehaving little toddler was Ms. Robertson's son.
>
> 2. 19-year-old Carl Truman of Los Angeles won $74,000 and medical
expenses
> when his neighbour ran over his
> hand with a Honda Accord. Mr. Truman apparently didn't notice there was
> someone
> at the wheel of the car when he was trying to steal his neighbour's hub
> caps.
>
> 3. Terrence Dickson of Bristol, Pennsylvania, was leaving a house he had
> just finished robbing by way of
> the garage. He was not able to get the garage door to go up since the
> automatic door opener was
> malfunctioning. He couldn't re-enter the house because the door
connecting
> the house and garage locked when he
> pulled it shut.
>
> The family was on vacation, and Mr.Dickson found himself locked in the
> garage for eight days. He
> subsisted on a case of Pepsi he found, and a large bag of dry dog food.
He
> sued the homeowner's insurance
> claiming the situation caused him undue mental anguish. The jury agreed
to
> the tune of $500,000.
>
> 4. Jerry Williams of Little Rock, Arkansas, was awarded
> $14,500 and medical expenses after being bitten on the
> buttocks by his next door neighbour's beagle. The
> beagle was on a chain in its owner's fenced yard. The
> award was less than sought because the jury felt the
> dog might have been just a little provoked at the time
> by Mr. Williams who was shooting it repeatedly with a
> pellet gun.
>
> 5. A Philadelphia restaurant was ordered to pay Amber
> Carson of Lancaster, Pennsylvania, $113,500 after she
> slipped on a soft drink and broke her coccyx
> tailbone). The beverage was on the floor because
> Ms.Carson had thrown it at her boyfriend 30 seconds
> earlier during an argument.
>
> 6. Kara Walton of Claymont, Delaware, successfully sued
> the owner of a night club in a neighbouring city when
> she fell from the bathroom window to the floor and
> knocked out her two front teeth. This occurred while
> Ms. Walton was trying to sneak through the window in
> the ladies room to avoid paying the $3.50 cover charge.
> She was awarded $12,000 and dental expenses.
>
> 7. This year's favourite could easily be Mr. Merv
> Grazinski of Oklahoma City, Oklahoma. Mr. Grazinski
> purchased a brand new 32-foot Winnebago motor home. On
> his first trip home, having driven onto the freeway, he
> set the cruise control at 70 mph and calmly left the
> drivers seat to go into the back and make himself a cup
> of coffee. Not surprisingly, the RV left the freeway,
> crashed and overturned. Mr.Grazinski sued Winnebago for
> not advising him in the owner's manual that he couldn't
> actually do this. The jury awarded him $1,750,000 plus
> a new motor home. The company actually changed their
> manuals on the basis of this suit, just in case there
> were any other complete morons buying their recreation
> vehicles.
>
> The winning story.......
>
> A Charlotte, NC, lawyer purchased a box of very rare
> and expensive cigars, then insured them against fire
> among other things. Within a month, having smoked his entire stockpile
of
> these great cigars and without yet having made even his
> first premium payment on the policy, the lawyer filed
> claim against the insurance company. In his claim, the
> lawyer stated the cigars were lost "in a series of
> small fires". The insurance company refused to pay,
> citing the obvious reason, that the man had consumed
> the cigars in the normal fashion.
> The lawyer sued and won.
>
> In delivering the ruling the judge agreed with the
> insurance company that the claim was frivolous. The
> judge stated nevertheless, that the lawyer held a
> policy from the company in which it had warranted that
> the cigars were insurable and also guaranteed that it
> would insure them against fire, without defining what
> is considered to be unacceptable fire, and was
> obligated to pay the claim. Rather than endure lengthy
> and costly appeal process, the insurance company
> accepted the ruling and paid $15,000 to the lawyer for
> his loss of the rare cigars lost in the "fires".
>
> Now for the best part ...
> After the lawyer cashed the check, the insurance
> company had him arrested on 24 counts of arson. With
> his own insurance claim and testimony from the previous
> case being used against him, the lawyer was convicted
> of intentionally burning his insured property and was
> sentenced to 24 months in jail and a $24,000 fine.
> This is a true story and was the first place winner in
> the recent Criminal Lawyers Award Contest.
 
Hi geoff,

They were my thoughts... hence the disclaimer about urban myths... :p

But it was on the internet, it must be true !!!

Jamie
 
Point taken on the disclaimers- but the real thing is well worth subscribing- as well as sister email publication "This is true"- http://www.thisistrue.com/

They're both free, and I haven't got any spam as a result (I've been getting "True" for some 5 years now. (that's the free edition, not the expanded subscription one).
 
Screw IP's im investing in a good lawyer

anyone know any good ambulance chaser types here in oz ?

id prefer no win no fee for better ROI
 
Originally posted by XBenX
Screw IP's im investing in a good lawyer

anyone know any good ambulance chaser types here in oz ?

id prefer no win no fee for better ROI

I bought my first IP after investing in a reasonable lawyer. Union membership let me deffer payments till settlement day. Plenty seem to advertise in the local paper.

bundy
 
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