## Stupid Law Suits

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ed
Posts: 39391
Joined: Tue Jun 08, 2004 11:52 pm
Title: G_D

### Re: Stupid Law Suits

Rob Lister wrote:On going to Lowes website, this is what I find

Home Depot lists it in the specifications
Common: 2 in. x 4 in. x 8 ft.; Actual: 1.5 in. x 3.5 in. x 96 in.
Note that my answer does not have to rely on visual aids, it stands on its own. That is why it is better
Rob Lister
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Title: Incipient toppler
Location: Swimming in Lake Ed

### Re: Stupid Law Suits

Yours is better. But can you make wood?
gnome
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Location: New Port Richey, FL

### Re: Stupid Law Suits

I can gripe about W all day, but this moment in the 2004 debates was a masterpiece of comedic timing.
"If fighting is sure to result in victory, then you must fight! Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor. Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat, and then he beat the crap out of every single one. And from that day forward any time a bunch of animals are together in one place it's called a zoo! (Beat) Unless it's a farm!"
--Soldier, TF2
Rob Lister
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Title: Incipient toppler
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### Re: Stupid Law Suits

An Alabama man who said he tripped and broke his hip while buying a watermelon at a Walmart store has won a $7.5 million verdict in his lawsuit against the retailer. Henry Walker on Wednesday was awarded the damages after a jury trial in Phenix City, Alabama, just west of the Georgia state line, court records show. Walker had sued Arkansas-based Wal-Mart Stores Inc., saying his foot became trapped in a pallet beneath the watermelons as he reached for one of the fruits at a Phenix City Walmart on June 25, 2015. Al.com reports that when the then-59-year-old turned back toward his shopping cart, he fell. One of his lawyers says that Walker's days of playing basketball three times a week ended with the injury, which now requires him to use a walker. http://www.newser.com/story/251409/he-f ... icher.html I too have had my foot caught in a pallet. Pallets are hazardous like that. I think there is a shared responsibility here. Poor man broke his hip and will have to use a walker until the case is utterly settled, wherein he can toss it out. 7.5 million is a little much. I award him$100K and he can keep the watermelon.
asthmatic camel
Posts: 19706
Joined: Sat Jun 05, 2004 1:53 pm
Title: Forum commie nun.
Location: Stirring the porridge with my spurtle.

### Re: Stupid Law Suits

Judge camel says:

"You, sir, are a dumbass. If you are incapable of carrying out such a simple task as buying a watermelon without seriously injuring yourself, then I recommend that you stay at home and send somebody else who is. Either that or book yourself a room at the Hotel California. Case dismissed, costs awarded to the defendant."
Shit happens. The older you get, the more often shit happens. So you have to try not to give a shit even when you do. Because, if you give too many shits, you've created your own shit creek and there's no way out other than swimming through the shit. Oh, and fuck.
gnome
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Joined: Tue Jun 29, 2004 12:40 am
Location: New Port Richey, FL

### Re: Stupid Law Suits

7.5m seems scaled not to the plaintiff's need or portion of responsibility, but as punitive damages. This usually means at some point the defendant pulled an ill-advised dick move and the jury got angry when they were informed of it.

It's not 100% reliable as a maxim, but I'd be willing to bet a small amount on it this time.

This is why (I would think) that large businesses usually make a settlement with plaintiffs injured on the premises even if they were not necessarily in the wrong, and carry liability insurance for such occasions. Something broke that script this time.
"If fighting is sure to result in victory, then you must fight! Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor. Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat, and then he beat the crap out of every single one. And from that day forward any time a bunch of animals are together in one place it's called a zoo! (Beat) Unless it's a farm!"
--Soldier, TF2
Rob Lister
Posts: 23119
Joined: Sun Jul 18, 2004 7:15 pm
Title: Incipient toppler
Location: Swimming in Lake Ed

### Re: Stupid Law Suits

gnome wrote:7.5m seems scaled not to the plaintiff's need or portion of responsibility, but as punitive damages. This usually means at some point the defendant pulled an ill-advised dick move and the jury got angry when they were informed of it.

It's not 100% reliable as a maxim, but I'd be willing to bet a small amount on it this time.

This is why (I would think) that large businesses usually make a settlement with plaintiffs injured on the premises even if they were not necessarily in the wrong, and carry liability insurance for such occasions. Something broke that script this time.
Meh. Fuck you gnome. He gets $100K. That's it. Fuck the jury. Their biased because their all foot-hangers. On a serious note: it is easy to get ones foot caught in a pallet. That's why the 100K. This an't their first foot-hanger. They've been warned before. THAT's why the 7.5 mil. Still ... 100K. Not a penny more. P.S. I am channeling CH. Anaxagoras Posts: 28291 Joined: Wed Mar 19, 2008 5:45 am Location: Yokohama/Tokyo, Japan ### Re: Stupid Law Suits We now have a resolution to that lumber lawsuit I mentioned earlier: Lumber lawsuit against Menards dismissed; judge says retailer didn't lie about its 4x4s A federal judge has slammed the door on the Illinois lumber shoppers who sued Menards claiming it deceived them about the size of its 4x4s. Saying no reasonable consumer would regard Menards’ descriptions of its lumber the way plaintiffs Michael Fuchs and Vladislav Krasilnikov said they did, the judge last week dismissed the would-be class action lawsuit against the Wisconsin-based home-improvement chain. The decision by U.S. District Judge Edmond Chang throws out a case in which Menards was accused of deception because it marketed and labeled its 4x4s without specifying that the boards measure 3½ by 3 ½ inches. So-called dimensional lumber — 2x4s, 4x4s, 2x6s and such — is commonly sold by names that do not specify the measurements of the pieces. The longstanding industry convention is recognized by the U.S. Department of Commerce, which distinguishes between the “nominal” designations for pieces of lumber and their actual size. The department says a 2x4, for example, can measure 1½ inches thick by 3½ inches wide. The distinction between the name and the actual dimensions stems from the fact that lumber, when it is produced, typically is trimmed to smooth it after the initial rough cut, Chang said in his decision. The government endorsement of the industry practice supports Menards’ argument that it didn’t falsely market its lumber, Chang said. Further, he said, the labels on the lumber “are literally true,” because they do not show inch-mark symbols after the customary trade names of the lumber. “Without a literally untrue statement, combined with the government-recognized distinction between nominal sizes and actual sizes, no reasonable consumer would think that the labels showed the exact dimensions of the lumber,” Chang said. Beyond that, the judge said, Fuchs and Krasilnikov — who alleged they discovered they had been deceived when they got home and measured their lumber — easily could have used their tape measures in the store. “It would be one thing if packaging prevented access to the height and width. … It is another thing where the plaintiffs can readily see if there is a mismatch between what they perceive as the size on the label and the height and width of the lumber,” Chang said. In a brief statement, Menards applauded the decision by Chang, who sits in the northern district of Illinois. “We feel that it was a frivolous lawsuit at best and we’re glad that common sense prevailed,” Menards spokesman Jeff Abbott said by email. An attorney with McGuire Law, the Chicago-based class action firm that represented Fuchs and Krasilnikov, did not respond to a request for comment. McGuire Law also represents the plaintiff in a similar lawsuit against Home Depot. That case is pending. Home Depot lawsuit still pending but I don't see why the result should be any different. I think the defendants should be awarded attorney costs too. A fool thinks himself to be wise, but a wise man knows himself to be a fool. William Shakespeare Doctor X Posts: 73004 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Stupid Law Suits They have no comment since they lost their profit. Remind me to bring a tape measure when buying lumber. --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! sparks Posts: 16935 Joined: Fri Oct 26, 2007 4:13 pm Location: Friar McWallclocks Bar -- Where time stands still while you lean over! ### Re: Stupid Law Suits 2 by 4s haven't been 2 by 4s for a long time... So much so, that when you do come across them, it's usually a big fucking problem. And how 'bout those new-fangled metal studs? "I smell a big fat commie rat Mr. President!" You can lead them to knowledge, but you can't make them think. Doctor X Posts: 73004 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Stupid Law Suits THANKS OBAMA! --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! ed Posts: 39391 Joined: Tue Jun 08, 2004 11:52 pm Title: G_D ### Re: Stupid Law Suits I thought that the measurement was becasue they were measured green and that after drying they shrank. Perhaps our resident expert on shrinkage, Mr. Lister, would care to put in his 6" (2.5 actual)? About that stereo shemp Posts: 6783 Joined: Thu Jun 10, 2004 12:16 pm Title: inbred shit-for-brains Location: Planet X ### Re: Stupid Law Suits This means my house should be 25% bigger! I'm suing! "It is not I who is mad! It is I who is crazy!" -- Ren Hoek "what dicking deep shit i produce" -- pillory Freedom of choice Is what you got Freedom from choice Is what you want People are shitting themselves to death Crap so much they fail to take a breath But even when their kids are starvin' They thought Trump would throw them Charmin. Rob Lister Posts: 23119 Joined: Sun Jul 18, 2004 7:15 pm Title: Incipient toppler Location: Swimming in Lake Ed ### Re: Stupid Law Suits A federal judge in Chicago has tossed a class-action lawsuit that argued McDonald's was duping consumers because a single "Extra Value Meal" costs more than the sum total of the individual components of the meal bought separately. The Chicago Daily Law Bulletin reported Monday that Kelly Killeen said she bought a sausage burrito breakfast Extra Value Meal in Chicago for$5.08. But she said the "value" label was deceptive because buying the same two sausage burritos, hash browns, and coffee individually would have cost a total of \$4.97. Judge Elaine Bucklo noted that prices for combo meals and individual items are easily visible from the counter, the AP reports. She said just because some consumers don't want to bother to compare prices doesn't mean they can claim they've been fooled.
I don't know if this actually falls under stupid but it's pretty stupid.
Grammatron
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Location: Los Angeles, CA

### Re: Stupid Law Suits

Kelly Killeen also testified that the individual prices were legible and visible.
Rob Lister
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Title: Incipient toppler
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### Re: Stupid Law Suits

So it's a better value for McDonald
gnome
Posts: 24517
Joined: Tue Jun 29, 2004 12:40 am
Location: New Port Richey, FL

### Re: Stupid Law Suits

I mean, fuck McDonalds for being sneaky, but I don't see it as actionable. I'd get my money back by getting customer service and saying I'm dissatisfied with the experience. That would probably do more to change it anyway. Isn't McDonalds one that will send you coupons or something if you complain?
"If fighting is sure to result in victory, then you must fight! Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor. Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat, and then he beat the crap out of every single one. And from that day forward any time a bunch of animals are together in one place it's called a zoo! (Beat) Unless it's a farm!"
--Soldier, TF2
sparks
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Joined: Fri Oct 26, 2007 4:13 pm
Location: Friar McWallclocks Bar -- Where time stands still while you lean over!

### Re: Stupid Law Suits

Simple: Don't go there anymore.

Hell, we all know clowns are evil, right?
You can lead them to knowledge, but you can't make them think.
Grammatron
Posts: 35355
Joined: Tue Jun 08, 2004 1:21 am
Location: Los Angeles, CA

### Re: Stupid Law Suits

sparks wrote:Simple: Don't go there anymore.

Hell, we all know clowns are evil, right?
They got rid of the clown
sparks
Posts: 16935
Joined: Fri Oct 26, 2007 4:13 pm
Location: Friar McWallclocks Bar -- Where time stands still while you lean over!

### Re: Stupid Law Suits

Really? How do you know this? I mean really, for sure.

He's still there, pulling strings. You know he is.
You can lead them to knowledge, but you can't make them think.