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Tinman507
02-22-2012, 06:21 AM
Today we mourn the passing of a beloved old friend, Common Sense, who has been with us for many years. No one knows for sure how old he was, since his birth records were long ago lost in bureaucratic red tape. He will be remembered as having cultivated such valuable lessons as:-Knowing when to come in out of the rain~Why the early bird gets the worm~ Life isn’t always fair~And maybe it was my fault. Common Sense lived by simple, sound financial policies, don’t spend more than you can earn and adults, not children, are in charge. His health began to deteriorate rapidly when well-intentioned but overbearing regulations were set in place. Reports of a 6-year-old boy charged with sexual harassment for kissing a classmate; teens suspended from school for using mouthwash after lunch; and a teacher fired for reprimanding an unruly student, only worsened his condition. Common Sense lost ground when parents attacked teachers for doing the job that they themselves had failed to do in disciplining their unruly children. It declined even further when schools were required to get parental consent to administer sun lotion or an aspirin to a student; but could not inform parents when a student became pregnant and wanted to have an abortion. Common Sense lost the will to live as the churches became businesses; and criminals received better treatment than their victims. Common Sense took a beating when you couldn’t defend yourself from a burglar in your own home and the burglar could sue you for assault. Common Sense finally gave up the will to live, after a woman failed to realize that a steaming cup of coffee was hot. She spilled a little in her lap, and was promptly awarded a huge settlement. Common Sense was preceded in death by his parents, Truth and Trust, by his wife Discretion, his daughter Responsibility, and his son, Reason. He is survived by his 4 stepbrothers; I Know My Rights, I Want It Now, Someone Else Is To Blame, I’m A Victim. Not many attended his funeral because so few realized he was gone. If you still remember him, pass this on. If not, do nothing.
~ Author Unknown

jlottmc
02-22-2012, 07:07 AM
Good post.

ponycarman
02-22-2012, 10:10 AM
Very good. I like that.

Sent from my LS670 using Tapatalk

wyntrout
02-22-2012, 10:14 AM
So True! Good post.

Wynn:)

knkali
02-22-2012, 10:22 AM
I have to print this out to save it.

knkali
02-22-2012, 10:31 AM
I want to comment on the hot coffee thing. I read that the cup fell into her lap and caused injuries that required multiple surgeries to her genitalia to correct. Also the temp of the coffee was very close to boiling which is much greater than a hot cup of coffee. Not sure if these facts will change anyone's opinion on this issue but thought I would get it out there to show that there was a little more to it than what most think.

knkali
02-22-2012, 10:35 AM
I remember coming back from Mexico and needed a taco fix badly so I went to a fast food chain here in the U.S. On the wrapper it said, "warning: contents may be hot". I said to my wife that I never saw any warnings like that in Mexico.

Tinman507
02-22-2012, 10:36 AM
http://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

knkali
02-22-2012, 10:45 AM
C'mon Tinman, dont you know that the vendor of anything is responsible for its use or misuse until the day they die? I think I read that kids were taking shots of vodka and putting it in their eye to get wasted quicker. Some kids lost their eyesight and the manufacturer of the vodka was sued over this? Not sure if this is true or accurate but the same sort of idea if it is.

How about tobacco companies? How long are they on the hook for selling something harmful.

Tinman507
02-22-2012, 10:57 AM
It's the whole "Someone else is responsible for my stupidity" syndrome we're stuck in.

Its really only about going after the guy with deep pockets. I blame lawyers for that one. If Mickey Dickey's was the corner sub shop they wouldn't have been sued.

Sap
02-22-2012, 11:00 AM
I could spill boiling water on myself anytime I'm making spaghetti right? Who do I sue? What a joke. No one takes responsibility for anything these days. Good post OP

knkali
02-22-2012, 11:04 AM
I disagree because usually most small business' have insurance so its the "insurance will pay, I dont" mentality. I blame people not lawyers or judges. As you mentioned, it is always someone else's fault. The lawyers and judges are responding to that mentality, they dont create it.

Bawanna
02-22-2012, 11:07 AM
If there was an ounce of common sense left small business's wouldn't need insurance. Many folks think of insurance like a credit card, it's not really money. Don't take into consideration raised premiums.

I consider insurance lawyer protection. And judges, well they started out as lawyers........a vicious circle.

knkali
02-22-2012, 11:08 AM
I could spill boiling water on myself anytime I'm making spaghetti right? Who do I sue? What a joke. No one takes responsibility for anything these days. Good post OP

lets see, the pot maker because the handles were slippery when wet? the pot maker because there was no "fill to this mark" or "dont over fill" on the pot. The builder of the kitchen? Maybe the height of the sink was not to code and you were unable to lift the pot of boiling water to that height?

LaP
02-22-2012, 11:26 AM
If you ever buy an Estwing hammer, check out the warning label that comes with it.
Supposedly you are NOT to use the hammer for hitting wood, metal (including nails!!!), brick, plastic, cement, plaster, ... etc.
Riiiight.
Now exactly WHAT is a hammer used for? Contact their legal department, I'm sure they'll tell you that hammers are to be looked at... not for striking objects. Common sense has nothing to do with our legal system.

knkali
02-22-2012, 12:00 PM
If there was an ounce of common sense left small business's wouldn't need insurance. Many folks think of insurance like a credit card, it's not really money. Don't take into consideration raised premiums.

I consider insurance lawyer protection. And judges, well they started out as lawyers........a vicious circle.

People sue people. Lawyers and judges are part of that world. Lawyers, ethical ones, do not put a gun to people's heads forcing them to sue. Did you hear the one about the ...................................(insert lawyer joke here).

Yep, I agree that people look at insurance as a credit card. Attorneys sure do.

Bawanna
02-22-2012, 12:24 PM
People sue people. Lawyers and judges are part of that world. Lawyers, ethical ones, do not put a gun to people's heads forcing them to sue. Did you hear the one about the ...................................(insert lawyer joke here).

Yep, I agree that people look at insurance as a credit card. Attorneys sure do.

The sad part is most people are sheep. Lawyers are wolves. Your good, I've never seen lawyer and ethical in the same sentence before. I need to write that down.
Case in point, a neighborhood kid and my kid got into a kid type scuffle. Long story short my kid ended up with a broken nose. His parents (generally good people) indicated if I tried to sue they had witness's it was mutual.
I've never sued or even considered suing anyone for anything. The common sense solution in this case if in fact it were warranted would be me to go down there and break their kids nose and up it one notch by maybe taking out a couple of teeth. No lawyers fee's, no court, no judge. Next time jr will think twice before sucker punching with an elbow after the squabble was over. Maybe not in his case, as good as his parents are he's a lot slow in the intelligence arena and has severe anger management issues too.

JFootin
02-22-2012, 12:26 PM
If you ever buy an Estwing hammer, check out the warning label that comes with it.
Supposedly you are NOT to use the hammer for hitting wood, metal (including nails!!!), brick, plastic, cement, plaster, ... etc.
Riiiight.
Now exactly WHAT is a hammer used for? Contact their legal department, I'm sure they'll tell you that hammers are to be looked at... not for striking objects. Common sense has nothing to do with our legal system.

My battery operated nose hair trimmer with the small rounded head has a warning on it NOT to insert it in the nostrils!

Tinman507
02-22-2012, 12:29 PM
So does mine. Go figure
http://hci.frontstepsmedial.netdna-cdn.com/wp-content/uploads/2009/05/troy-bilt-string-trimmer.jpg

wyntrout
02-22-2012, 12:34 PM
That's good for "bikini trims", too. Anyone remember Marcie doing the Brazilian Bikini Waxes on women on Californication? OUCH!:eek:

Wynn:)

muggsy
02-22-2012, 12:41 PM
I want to comment on the hot coffee thing. I read that the cup fell into her lap and caused injuries that required multiple surgeries to her genitalia to correct. Also the temp of the coffee was very close to boiling which is much greater than a hot cup of coffee. Not sure if these facts will change anyone's opinion on this issue but thought I would get it out there to show that there was a little more to it than what most think.

Any elbow who doesn't know that coffee is hot and that it shouldn't be dumped into ones lap deserves to get burned. Didn't change my opinion one bit. You are paying for that woman's stupidity and carelessness with every McDonald's purchase that you make. Does that change your opinion?

LaP
02-22-2012, 01:36 PM
I went to the local ice cream shop & ordered a large vanilla cone. When I got to the bottom of the cone, it was empty....no ice cream!!!

My lawyer says I'll be collecting punative damages in the six figures. I still can't go by a supermarket dairy case without getting a sense of doom and chaos. Somehow, the money will make me feel all better.

P.S. That nice old couple that owned the shop has had to close up and sell. They also lost their house. Oh well, they should never have caused me disappointment in the first place.
:cool::cool::cool:

yote
02-22-2012, 03:27 PM
Excellent quote Tinman. People refuse to take responsibility for their actions. Seems like it always someone elses fault then they call someone else to take care of it.

tv_racin_fan
02-22-2012, 07:24 PM
It's the whole "Someone else is responsible for my stupidity" syndrome we're stuck in.

Its really only about going after the guy with deep pockets. I blame lawyers for that one. If Mickey Dickey's was the corner sub shop they wouldn't have been sued.



Actually they would have. IF you go back and find the actual info in the actual court case they determined that that establishment was serving coffee at over 200 degrees I believe it was determined to be 204 but I can not recall that. McDonalds had covered damage claims before but for some reason they did not wish to pay for this one. THEY were well aware of the fact that their coffee was that hot. Now I believe they serve it below 180 BUT I am not 100% certain of that. The lady only wanted enough to cover her medical expenses AND the court decided she was partially at fault, this says 20%.

I complained about this way back then because after this case the coffee was cold at most places by the time I purchased it on the way to a job and then drank it when I got there. They either should serve it at what temp they wish and post a big ole warning that it is that hot or they should serve it at a reasonable temp. Now HOT as in 140 will burn but HOTTER say 195 to 210 will burn almost instantly. There is a difference in sticking your hand in boiling water and holding it there.

Tinman507
02-22-2012, 07:29 PM
I don't dispute what you say as I have not read the entire case. I have dumped hot coffee in my lap in the truck and yeah, it hurts like hell. Fortunately never burnt myself bad enough for medical attention. Generally I chalk it up to my clumsiness and would NEVER consider suing the vendor. I guess that's where I part ways. Coffee is hot. I know that. They don't need to print a warning on the cup. If I lose my grip on it, I'm gonna get burnt. My Bad.

tv_racin_fan
02-22-2012, 07:43 PM
Yeah but see that is the difference. I have spilt it on myself as awell and got MINOR burns. This gal did not get that sort of burn. THAT coffee was not that cool and that is why they should have paid her claim from the start because THEY KNEW the coffee was that sort of hot. In fact this article doesn't mention it BUT that is why they lost in court. It was their emails that got em because by their emails they KNEW the coffee was that sort of hot.

Someone metioned if they spill boiling water on themselves. Well you aint supposed to be trying to move boiling water and if you spill it on yourself because you din't wait for it to cool just a bit, well, THAT is your fault.

Jeremiah/Az
02-22-2012, 07:59 PM
Common sense is a misnomer. Common sense is NOT common!

Krusty
02-22-2012, 08:05 PM
;)COMMON SENSE IS NOT ALWAYS THAT COMMON.......:yo:

Scoundrel
02-22-2012, 08:10 PM
I just read the entire Wikipedia summary coverage of the case (here's the link again) http://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants partly because of this thread, and partly because one of my friends commented on it a few weeks back and I felt that maybe I should edumacate myself on it.

I recommend that everyone who scoffs about that lawsuit read the wikipedia article on it. You can get through it in 5 minutes if you're a reasonably fast reader, it's not full of legalese, and it is pretty informative.

For myself, I don't think I'll be scoffing about that lawsuit anymore, having read the facts of the case.

I do think that the final award was pretty dang high - but on the other hand, if I'd suffered through what she did, and the attitude from McD's and the effort/hassle of doing the court case, I might feel differently about that. McD's can afford it.

3/4 of the amount awarded was "punitive damages", awarded not because the little old lady deserved that much money from the incident, but because McD's conducted themselves like total ass-hats without remorse or intention to change their policies or behavior.

But anyway, please, before you reply to this thread about the coffee case, go read the article first.

knkali
02-22-2012, 08:31 PM
Actually they would have. IF you go back and find the actual info in the actual court case they determined that that establishment was serving coffee at over 200 degrees I believe it was determined to be 204 but I can not recall that. McDonalds had covered damage claims before but for some reason they did not wish to pay for this one. THEY were well aware of the fact that their coffee was that hot. Now I believe they serve it below 180 BUT I am not 100% certain of that. The lady only wanted enough to cover her medical expenses AND the court decided she was partially at fault, this says 20%.

I complained about this way back then because after this case the coffee was cold at most places by the time I purchased it on the way to a job and then drank it when I got there. They either should serve it at what temp they wish and post a big ole warning that it is that hot or they should serve it at a reasonable temp. Now HOT as in 140 will burn but HOTTER say 195 to 210 will burn almost instantly. There is a difference in sticking your hand in boiling water and holding it there.

Yeah I tried to point it out how extraordinary hot the hot coffee was. But the bottom line is, now the courts are saying to us how hot coffee should be if you dont want to get sued. Everone lost on this. The customer, and the public. The public pays in the end for these settlements in passed on costs and now coffee will be generically even in temp no matter where you go to buy it. Maybe some people are sippers and like that coffee to stay more than warm for a long time. So they want their mud hot! They buy their coffee someplace where they might not like the coffee as much as another place, but it is much hotter. Now they dont have that option. More intrusion in lives for something that having the mind set of "coffee is frigg'n hot I better be careful or I can really hurt myself. Therefore I will treat this as if I were handling a weapon--carefully!" We get this notion easily--others may not.

Scoundrel
02-22-2012, 08:35 PM
Yeah I tried to point it out how extraordinary hot the hot coffee was. But the bottom line is, now the courts are saying to us how hot coffee should be if you dont want to get sued. Everone lost on this. The customer, and the public. The public pays in the end for the settlement and now coffee will be generically even in temp no matter where you go to buy it. Some people are sippers and like that coffee to stay more than warm for a long time. So they want their mud hot! They buy their coffee someplace they might not like the coffee as much but it is warmer/hotter. Now they dont have that option. More intrusion for something that having the mind set coffee is frigg'n hot I better be careful or I can really hurt myself and therefore I will treat this as if I were handling a weapon. We get that easily--others may not.

That's a very good point, and I think it's perfectly fine for all of us to lament any increased regulation, governmental control, litigation precedent, public cost, etc. that we all have to endure because of it.

Please don't interpret my previous message as being in favor of the lawsuit. I'm just not scoffing anymore, because the whole thing sucks.

knkali
02-22-2012, 08:53 PM
That's a very good point, and I think it's perfectly fine for all of us to lament any increased regulation, governmental control, litigation precedent, public cost, etc. that we all have to endure because of it.

Please don't interpret my previous message as being in favor of the lawsuit. I'm just not scoffing anymore, because the whole thing sucks.

No attack on you for either position re the suit. Yep everyone lost on that.

tv_racin_fan
02-23-2012, 01:37 AM
Knkali I full well understand where you are coming from sir.

I went to McD for the coffee for exactly that reason. It would be HOT when I got to the job site not tepid. BUT I knew better than to even try to mess with it until it had sat and cooled for some time. Course I learned that by burning my mouth a time or three. AND I generally prefered the breakfast food at Hardees or somewhere else BUT their coffee would not be hot unless the ride from drive thru to job site was short.

That would be where that common sense comes in.

BUT see here is the issue.

What if according to YOUR common sense coffee aint boilin hot but just generally real hot? What if you have never had coffee from McD? Now you do not know to avoid that coffee until it has had some time to cool. NOW if you try to drink some you burn yourself, even the tinyest sip did it for me. Now if you happen to spill it on yourself you get serious burns not just red skin burns. Kinda like that pot of boiling water.

This breakfast food thing reminded me.

I had this job once where I could not get to work on time everyday due to only having one automobile and the wife workin nights and not being able to leave until her relief showed, being a nurse she would be in REAL trouble leaving early. Well I generally stopped at a place local to my house and got biscuits for the crew on days I was late enough to show up near break time. Those guys and the boss both told me they hated to see my car on time or very much before break time cause I almost always brought the best biscuits in town.

Popeye
02-23-2012, 03:39 AM
Yes, common sense is deeply missed.

knkali
02-23-2012, 08:25 AM
Knkali I full well understand where you are coming from sir.

I went to McD for the coffee for exactly that reason. It would be HOT when I got to the job site not tepid. BUT I knew better than to even try to mess with it until it had sat and cooled for some time. Course I learned that by burning my mouth a time or three. AND I generally prefered the breakfast food at Hardees or somewhere else BUT their coffee would not be hot unless the ride from drive thru to job site was short.

That would be where that common sense comes in.

BUT see here is the issue.

What if according to YOUR common sense coffee aint boilin hot but just generally real hot? What if you have never had coffee from McD? Now you do not know to avoid that coffee until it has had some time to cool. NOW if you try to drink some you burn yourself, even the tinyest sip did it for me. Now if you happen to spill it on yourself you get serious burns not just red skin burns. Kinda like that pot of boiling water.

This breakfast food thing reminded me.

I had this job once where I could not get to work on time everyday due to only having one automobile and the wife workin nights and not being able to leave until her relief showed, being a nurse she would be in REAL trouble leaving early. Well I generally stopped at a place local to my house and got biscuits for the crew on days I was late enough to show up near break time. Those guys and the boss both told me they hated to see my car on time or very much before break time cause I almost always brought the best biscuits in town.

The world is full of unknowns and if I do not know how hot the coffee is, I better be careful. If I do not know that the gun is unloaded, I better be careful. I dont know how sharp the knife is so I better be careful. I cannot nor do I want to live in a world where everything is predigested and all the sharp edges are smoothed out for me. I like to use my brain. If the cup is hot, I know that the contents are hotter. If I go to a place and I cannot sip the coffee for 30 minutes because it is too hot, and I found this to be true on a few occasions, that is where I go if I want supper hot coffee. If not, I will go somewhere else. The courts cannot protect me form everything or myself all of the time. I have to engage too. This engagement is called being alive.

Ken_K
02-23-2012, 09:39 AM
I work for a school district and have seen first hand the death of common sense. The other day a kid who was riding a bus stood up and started hitting a window multiple times with his fist until it broke. Now, common sense would tell you that the parents should stand up and be responsible for paying for the broken window. First thing they said is that it wasn't their kid, wasn't their fault, blah blah blah. Even after seeing their kid on video breaking the window they didn't want to pay. It took threatening to suspend their kid from riding the bus for a month before they coughed up the $75. No one wants to take responsibility for anything these days. It's sad really.

knkali
02-23-2012, 09:46 AM
I work for a school district and have seen first hand the death of common sense. The other day a kid who was riding a bus stood up and started hitting a window multiple times with his fist until it broke. Now, common sense would tell you that the parents should stand up and be responsible for paying for the broken window. First thing they said is that it wasn't their kid, wasn't their fault, blah blah blah. Even after seeing their kid on video breaking the window they didn't want to pay. It took threatening to suspend their kid from riding the bus for a month before they coughed up the $75. No one wants to take responsibility for anything these days. It's sad really.

wow

LaP
02-23-2012, 05:35 PM
I work for a school district and have seen first hand the death of common sense. The other day a kid who was riding a bus stood up and started hitting a window multiple times with his fist until it broke. Now, common sense would tell you that the parents should stand up and be responsible for paying for the broken window. First thing they said is that it wasn't their kid, wasn't their fault, blah blah blah. Even after seeing their kid on video breaking the window they didn't want to pay. It took threatening to suspend their kid from riding the bus for a month before they coughed up the $75. No one wants to take responsibility for anything these days. It's sad really.


Little Johnny's getting a real good upbringing. He's learning to deny, deny, deny and then just shrug & walk away. He'll probably become a politician.:cool:

tv_racin_fan
02-23-2012, 06:58 PM
The world is full of unknowns and if I do not know how hot the coffee is, I better be careful. If I do not know that the gun is unloaded, I better be careful. I dont know how sharp the knife is so I better be careful. I cannot nor do I want to live in a world where everything is predigested and all the sharp edges are smoothed out for me. I like to use my brain. If the cup is hot, I know that the contents are hotter. If I go to a place and I cannot sip the coffee for 30 minutes because it is too hot, and I found this to be true on a few occasions, that is where I go if I want supper hot coffee. If not, I will go somewhere else. The courts cannot protect me form everything or myself all of the time. I have to engage too. This engagement is called being alive.

Again I point out THEY KNEW THE COFFEE was THAT HOT. They had paid for it time and time and time again. Why they decided not to pay this time is beyond me. WHY they elected to pay all those other times instead of making the coffee just a bit less hot is beyond me. BUT they did not warn anyone that their coffee was THAT HOT. No they used the same warning as anyone else who made coffee not THAT HOT.

I totally agree with you on every point. EXCEPT where they paid time after time after time admitting their part in the burns and decided not to in this case. THERE I draw the line. Seems awful stupid of them in my opinion not to settle for the amount she wanted, but to settle for 10 times more AFTER spending all that they spent on the court case.

knkali
02-24-2012, 09:50 AM
Again I point out THEY KNEW THE COFFEE was THAT HOT. They had paid for it time and time and time again. Why they decided not to pay this time is beyond me. WHY they elected to pay all those other times instead of making the coffee just a bit less hot is beyond me. BUT they did not warn anyone that their coffee was THAT HOT. No they used the same warning as anyone else who made coffee not THAT HOT.

I totally agree with you on every point. EXCEPT where they paid time after time after time admitting their part in the burns and decided not to in this case. THERE I draw the line. Seems awful stupid of them in my opinion not to settle for the amount she wanted, but to settle for 10 times more AFTER spending all that they spent on the court case.

I roger that. Poor legal moves on their part. I can only speculate that McD realized that this is BS and tried to stop the bleeding buy refusing to roll over on this one. OK so they reduce the temp a bit. How much is a bit? Does the state supreme court decide? Even if you reduce it, some will still have problems until it becomes a frapachino(sp). It was a slippery slope that McD went down and when they tried to get off, they could not. While ranting, I think McD takes a lot of abuse in this country. Since they are the biggest and the first to be the gold standard in fast food, they are always under fire for how bad their stuff is for you and being sued for things like causing obesity, to diabetes, to causing emotional problems. C'mon, when is that record going to stop playing and the courts stop hearing this dribble. If you dont know fast food is less healthy than other options by now, then you have been living on mars. It is your dollar and your decision. No one has put a gun to anyone's head and forced them to buy their coffee or their food. McD feeds a lot of people rather cheaply. They never claimed to be healthy or make any other health claim about their food other than it is delicious and filling/satisfying. McD has changed their menus and does have many more healthy options so they have realized that there is a market share they are not serving. Laisez Faire business. If sales go down the business adapts or dies. The courts do not need to be as involved. If coffee sales go down, they figure out through sampling and questionnaires it is too damn hot. They cool it down. If they dont, they suffer. Big $ settlements are just passed on to the consumer not just from that business being sued but from the industry as a whole. When we interrupt the natural order of business by making business gesticulate to court rulings, we are all in for a rough go. It brings more litigation, more regulation, more hoops, more expense and thwarts competition. We all lose.

jocko
02-24-2012, 11:19 AM
i thinki we pick up the no responsibility thing from seeing our damn politicians every day on TV blaming the other person. Monkey see Monkey do...Just sayin. Why would a damnkid want to bang on a bus windownuntil it broke, ??/ Makes zero sense but he learned nothing from it and probalby will do something stupid like that again for his parents basically stood up for the little bastard..

LaP
02-24-2012, 11:25 AM
]Why would a damnkid want to bang on a bus windownuntil it broke,[/B] ??/ Makes zero sense but he learned nothing from it and probalby will do something stupid like that again for his parents basically stood up for the little bastard..

Lack of Ridalin? He probably wasn't breast fed and his father never bought him that Red Ryder BB gun. It certainly ain't his fault... that window just needed breaking.

Bawanna
02-24-2012, 12:02 PM
That boy needs to wash every window on every school bus inside and out everyday for a year. He'll most likely think twice before busting windows again.

Ken_K
02-24-2012, 12:09 PM
Lack of Ridalin? He probably wasn't breast fed and his father never bought him that Red Ryder BB gun. It certainly ain't his fault... that window just needed breaking.

Lmao!

slowgoat
02-24-2012, 01:19 PM
cool

jocko
02-24-2012, 01:35 PM
a good leather barbers strap will save the cost of ridalin. course thats how we do it back here in Indiana..

spare the rod spoil the child was written by some far westerner, who couldnt have kids anyhow.

Brittanyman
02-24-2012, 02:30 PM
Man, don't get me started on lawyers. These class action lawsuits are an example of "ambulance chasing lawyers". Almost every class action suit ends up with the "wronged" parties getting little if anything while the lawyers make a bundle. Case in point is an e-mail that I recently received from Chambers v Weber-Stephen Products LLC Claims Administrator.
It is about a class action suit filed against the company that makes Weber grills. The lawsuit alleges that Weber violated the law by designating Weber grills and certain accessories as “Made in USA.” Weber believes that because all Weber grills and the disputed accessories are designed and engineered in the USA, and all grills save for one line are manufactured and assembled in the USA using component parts primarily made in the USA, it did nothing wrong and therefore has valid defenses to plaintiff’s claims. The court has not held a trial or ruled in favor of either party on any disputed issues. Weber and the plaintiff have agreed to settle the matter to avoid the costs of continued litigation.
Under the terms of the proposed settlement, Class Members are eligible to receive a check for $2.00, $5.00, or $9.00, depending on the price they paid for the qualifying Weber product. Weber has also agreed to a permanent injunction, and, subject to Court approval, to pay the named class representative, Doug Chambers, a one-time fee of $5,000.00 to reimburse his expenses and time. Plaintiff’s Counsel will request up to $995,000.00 for attorney’s fees and costs, which Weber reserves all rights to oppose. The Court may award less than the amounts requested.
Another class action suit was filed against Honda, because someone claimed that Honda falsely advertised that the Accords had a double wishbone front suspension like its racing cars. I guess someone looked at a picture of Honda racing cars suspension, and because it was not exactly like the one on the Accord he decided to sue. By the way Honda does have a double wishbone front suspension.
Another class action suit went after a company that made ear phones for mpg players. They claimed that the company didn't provide a warning about having the volumn turned up too high while using the ear phones can damage to your hearing. Rather than take it to court, the company decided to settle out of court. The result was anyone who bought the ear phones received nothing. The company gave $250,000 to two loss of hearing organizatons. The class action lawyers were asking for over a million dollars for their expense.
There are lawyers out there who specialize in suing under the AMERICAN DISABILITIES ACT. They get someone to go into a business or restaurant and look for some "violation". The lawyers then file a lawsuit against this business and suggests the business settle out of court. It is nothing but a shake down. They tried this with Clint Eastwood, suing him over his restaurant The Hogs Breath in Carmel, CA. Eastwood fought it and won only because he had the resources to do it. He later testified in a Congressional Hearing about this shake down using the ADA. But since Congress is made up of mostly lawyers, they did nothing. Look at Obamacare. If he and Congress were really concerned about cutting costs in healthcare, they would have past some form of tort reform. Politicians are in the lawyers pockets.

jocko
02-24-2012, 03:04 PM
do u know what squid sh-it is.???Well that is what lawyers eat and feed off of. They many of them are bottom feeders but I do not group most lawyers in that category, as most are not civil liability lawyers.

LaP
02-24-2012, 07:23 PM
do u know what squid sh-it is.???Well that is what lawyers eat and feed off of. They many of them are bottom feeders but I do not group most lawyers in that category, as most are not civil liability lawyers.

WRONG!!!

Whale S...t is the lowest form of earthly matter. As my Basic Training Instructor said "Whale s...t sinks. And there are some trenches in the ocean where the depth reaches 7 miles deep. If that whale s...t goes to the bottom of one of those trenches, it will eventually come to rest on top of YOU."

That established our place in the grand scheme of things.:cool: