How to respond to a lawsuit

“What we got here is two little piglets

http://www.realclearpolitics.com/articles/2006/10/mcdonalds_didnt_make_them_fat.html

In the best representation of good little libbies they are not "responsible" for stuffing their cute little pie holes. So someone must be....obviously it is the business that sold them the food.

My solution, hey they are public figures now (LOL BIG FIGURES IF YOU GET THE PUN) produce their little piggie photos. They are not victims of a crime, so put their little piggie photos out for EVERYONE to see.

Heck hire some of those paparazzi scum to get embarrasing photos of them. Let little darlings feel the embarrasment that should come with failing to take responsibility.”

“in case anyone reads this thread, i am still looking for the xl to english dictionary”

“I don't see much chance for this lawsuit. There is so much information out there on good nutrition. The classrooms get loads of information on good eating. McDonalds publishes full nutritional information on its products. Besides that, these teenage girls have parents. Where were they when these kids were getting fat chowing down at Micky-Ds?

Still, if they have a case for showing deceptive advertising and a case for damages - I think the judge has an obligation to let the filing stand for now. I wouldn't be surprised if McDonald's could get the case dismissed very soon with new filings.

I was happy to work for the defense in a case involving a smoker and a cigarette company, and if the forensic psychiatrist I worked for got the job of helping McDonald's defense I'd be proud to work on the case.”

“the obesity epidemic in this country is also indicative of an epidemic of gross irresponsibility and laziness.

money is made easily when exploiting the irresponsible and lazy, i think we can all agree on that.

whether or not you believe that is an acceptable way of allowing a country to run itself, that is the more pertinent question.

:D”

“I didn't see the part where they were identified as liberals. If it was a corporation doing the suing would they have been conservatives and, therefore, justified?”

“oh just ignore that, anyone who does anything which is against any one of the rules which xl400 lives by is to be considered a communist liberal whatever. its just how he rolls.”

“Is he going to sue me?”

“mj, you never responded to my question about people you have PERSONALLY helped improve their lives.

See you like strong armed robbery by government to raise money to make you feel good.

I oppose people who make BAD personal decisions and then decide to try and assuage their guilt by making someone else pony up some FREE MONEY.

If we made the law business where the loser pays, and if they can't the Loser's attorney had to pay with Liability (Errors and Ommisions Insurance) you would see the friviolous lawsuits disappear like fog under a hot sun.”

“The problem with that XL is that it would leave the rich free to fire frivolous lawsuits and make it hard for poor people to get a lawyer.”

“The moment someone throws out terms like, "communist" and "socialist" and "liberal" I see a red(ha ha!!!) flag and the word "wingnut" comes to mind and it is no longer a discussion but a tirade of cheap and meaningless insults.”

“So, Ped, how long you been an attorney (LOL)?

Make the rich free to fire frivolous lawsuits????(OOOH Right out of Page 236 Liberal Response Book (published in accordance with the American Trial Lawyers Association) Please explain? Since most lawsuits (Plaintiff liability) are contingency rather than hourly )since an hourly rate is unbelieveable, the availability is still open for people to file. I think if you check the frivolous lawsuits (which we ALL PAY FOR by the way) are primarily filed by people looking for the free money aspect.

You know if you want fun just bring up the REQUIREMENT for lawyers to HAVE to carry Liability insurance to keep their license...you want to talk about a HOWL of protest?”

“mj, you never responded to my question about people you have PERSONALLY helped improve their lives.

i make sure crack dealers dont have a place to do business. you can ask the families and communities i work for how that improves their lives.

i am also a teacher.


so xl400, how long have YOU been an attorney?
last edited: 10/11/06 9:36:19 AM”

“Yawn......”

“i dont see what me helping or not helping people has to do at all with anything this thread is about.

xl400 you are an awful troll. you cant even stay on your own topic.”

“A TEACHER...guessing Government Schools...neat, How did I know....as for How long I have been an attorney..

My Father and my brother are both civil defense attorneys. Plus you have to kinda understand the law to do my job (LOL)...we actually have to recertify every couple of years....”

“i teach at a private tutoring center.

your guesses suck.
you're extremely judgmental.
inthe above post you've convinced yourself of the answer before you even got a reply.
is that a pattern you follow in your insurance claim investigations? good luck.


its no wonder your brother became the lawyer.
last edited: 10/11/06 11:33:11 AM”

“The sad thing is win, lose or draw we the people lose. Even if it’s a bullchit lawsuit McD’s will take the hit and pay out. Then to keep up their image they will have to lunch some whole new campaign which only costs us when we go there.

And it gets even worse when it’s a class action suite. The lawyers get all these people to sue some big company for millions, they win, the lawyers get millions and after what’s left gets split up the consumer gets some coupons in the mail.

1. Kill the lawyers. If not kill them hold them responsible for frivalouse lawsuites along with the suers.

2. Institutionalize the dumbasses who are too dumb to be free because they can’t figure out McD’s is crap food.

3. Keep the government out of private business.”

“Keep the government out of private business...

Like marriage.”

“My Father and my brother are both civil defense attorneys.






”

““Keep the government out of private business...

Like marriage.”

Exactamundo Potsy!”

“2. Institutionalize the dumbasses who are too dumb to be free because they can’t figure out McD’s is crap food.

you're talking a pretty large number,

im sure that wont cost all the non-dumbasses any money. lol.”

“The sad thing is win, lose or draw we the people lose. Even if it’s a bullchit lawsuit McD’s will take the hit and pay out. Then to keep up their image they will have to lunch some whole new campaign which only costs us when we go there.


or you can just not go to mcdonalds?”

“While you're at it, we don't need no Government Military.

Let the Petroleum Industry hire their own mercenaries to protect their overseas commercial interests and save us a lot of money.”

““While you're at it, we don't need no Government Military.

No, that is one of the few responsibilities of our federal government. Keeping Americans armed is what sets the balance to the federal military.”

“No, contract it all out. Military folks get paid way too much, benefits are exorbitant and the damn retirees live forever. I know, I are one, lol.”

“can you give an example of how that might ever be a practical consideration?

im having a hard time thinking about when a citizen run militia would even stand a chance against the US military.”

“You don't want ME to give you an example. Hell, I'm just screwing around here.”

“hell, ill take responses from anyone so long as they are sensible”

“There are two sides to every story. While I agree that this is a matter of personal responsibility I'll also say that McDonald's and other fast food chains have offered more choice, not less to consumers as a result. So I can't agree with the author of that article that wrote:

The consequence will be higher prices and fewer choices for consumers. If that's what our system of "justice" gives us, then something is badly wrong.

There are more choices, not less at fast food chains right now.

There are two sides to every story. Remember that 81 year old woman that was awarded $2.9 million for spilling McDonald's coffee in her lap? She severely scalded herself on coffee that was 20 degrees hotter than the hottest beverages served in the city where the woman was served. McDonald's kept the coffee that hot (brewed at 195 to 205 degrees and held at 180 to 190) because it made it cheaper and easier to clean the equipment and to get the flavor they want from their coffee (to have a consistent experience for the consumer and make more money).

Companies like McDonald's don't respond to anything other than threats of big damages or if their profits are on the line. Frivolous or not this is the process and it must be followed.

I don't think this "McDonald's made me fat" case will get anywhere but it forces these companies to address things like the nature of the food they serve us and how they advertise to children.
last edited: 10/11/06 12:56:44 PM”

“Damages are one thing Jimmy but not taking responsibility for your own actions is not worthy of a suite. All the nutritional info is there for the consumer to read. What more do we need? McD's to put a fat ass symbol beside anything on the menu that is bad for us?

It's the dumbing down of the whole population that is as irritating as anything.”

“CAN YOU PLEASE STOP MISSPELLING 'SUIT'

a suite is a number of things held together by a common theme, or a living quarter with multiple rooms.
last edited: 10/11/06 1:02:40 PM”

“Oh c'mon, mjw, be a suitehart.”

“Whatever suites ya Nimble. Not that there's anything wrong with that.”

“We have some chocolate cake up here that is REALLY SUITE!

The McDonalds suit(e) is just another example of how we are slowly allowing responsibility to be taken out of society. We had a couple (I think I included it in one of the threads about sick parents) who had their two kids drown in a containment pond. They would have had to walk approximatly 400 yards crawl through a hole in a fence in the middle of a briar patch etc etc....we are talking a LONG time. Momma is going to do 5 years in a mental hospital, but the sick thing is that the family is suing the County for the fence not being secure.

Now it turns out a "concerned A$$WIPE" lent them the money for the defense in the criminal case so that he could get a cut of the take from the civil lawsuit. That is DISGUSTING.”

“XL - I am not now nor have I ever been a lawyer.

Anyway it is interesting you respond to my point first by labeling it.

However when you do go into content, you miss a key point. You are saying the losing side should pay. Not every suit that loses is frivolous. Having the loser pay termendously increases the risk of filing a suit. Now if you had some kind of penalty for a frivolous lawsuit that would be different. I'd just want to see the fine print.


But yeah rich people and businesses file big lawsuits just to harass,intimidate and bacnkrpt their opponents. Happens all the time.”

“Not fair, Ped.

You too smart!!”

“Very good ped...thus increasing the potential cost to file lawsuits. Did you know that if we were on a flight and Achmed whatever stood up to start something and we intervened...REGARDLESS of the criminal action, Achmed could sue us.

Now I don't know how much you have budgeted for an attorney...but I don't plan on that much. I am just saying that when they file the attorneys need to understand they may be RESPONSIBLE (there is that nasty word again huh?) if they throw some more garbage into the legal system.”

“Anybody can sue anybody if they get a lawyer to take the case. Hopefully the frivilous ones get thrown out. And, I'd be happy to allow judges to penalize parties to a lawsuit which is deemed utterly without merit (or some other standard for "frivolous").

There are some very valid lawsuits. I know a woman who sprayed her hair in her bed room, walked into her living room, sat down and lit up a cigarette. Her hair went up in flames and she was badly burned. There was nothing on the can indicating the spray ws flammable, let alone that it would remain flammable a while after use. She sued and won. A lawyer took her case without any up-front payment. The manufacturer had a lot of money and hired a team of top notch lawyers who challenged every part of her story. The case could have gone either way. I'm glad she won. I don't think the lawyer would have taken her case if he would have had to pay costs if he lost. Its one thing to risk not being paid for 50 hours of your work. It's another to risk having to pay for 150 hours of work from 400 dollar an hour corporate lawyers and for all the expert witnesses they brought in.”

“i agree that personal responsibility is key, but companies market crap to our kids. as a parent i watch what my kids eat but it's only in my sons 12th year that he has started to recognize good food from bad food (at the level of actually understanding what this means) and making better food choices. kids are submerged in this content as companies try to drive into their heads, at the most vulnerable times in their lives, a need for their products and services. so while I agree that personal/parental responsibility is key i won't hold these companies harmless for selling to my kids against what i know is right for my family.

hey, we don't let them put ads for cigs on TV, etc, etc.

children are highly vulnerable as they grow up. parents know it, the government knows it, and the companies know it. the market of teens and younger spending money is huge. nobody is going to walk away from that kind of cash quickly... even if it means a generation or two of kids grow up with a rotten perception

bring on the lawsuites!”

“Jimmy as you know Parenting is hard has heck, I taught my kids from early on to love fresh veggies....my daugher and son literally fight over broccoli (BITE ME HW BUSH (LOL)) asparagus etc. They gobble down salads etc. My son and I love sushi, etc.

My older brother and his wife let the kids turn their noses up at anything...today they will avoid cool food for the general purpose CRAP. But that is something the two individuals need to consider when you are "shooting for real."”

“my kids love veggies too. you name it and they eat it. favorite is swiss chard. go figure. it's one of my favorites too. my kids LOVE sushi too but i don't love the bill at the end of the meal. there is an "all you can eat" sushi place that has a little train that circulates with plates of sushi and other delights. let's just say they hit that train HARD. hehe.

my big thing is the sit-down home cooked meal every day... family time. it's a big thing with me which means i have to make it happen. i have a menu i make every three weeks and they each get to put two things on it. that's 6 meals (and leftovers). it's a complex system but the net is that they eat a wide vareity of home cooked food (not prepared stuff).”

“i want more freedom fries, they are suite”

“"children are highly vulnerable as they grow up. parents know it, the government knows it, and the companies know it."

Yeah but that's just it, it's not the governments (and by us in the form of tax dollars) job to raise or even protect the kids. That comes from the egg and sperm donors. it doesn't take a village. It takes parents.”

“ever wonder why raspberry candy is blue? it's because cherry candy is red so rasberry has to be something else.”

“NO kidding? Wow...never knew that. LOL.... My kids HATE McDonalds (breakfast on the road maybe).
LOL...the prefer my hamburgers. When we go on Family Trips they will go out occasionally but want our food.”

“food marketing tries to redefine our perception of what we eat to optimize revenue for the products companies sell.”

“well when you figure that the fast food place makes like one penny per burger it makes this a mass sale thing.

Sadly there are very few quick food resturants that are very good. Heck if I want something quick and good...I go for sushi. The problem is that I have to eat most of my meals ON the road.”

“good sushi is hard to find in a land-locked place but if you ever come to the windy city ask me for the list i have. there are a few exceptional places... but $$$ if you know what i mean.”