and so it starts

here is the first of what will no doubt be an unfortunate epidemic of lawsuits.


http://www.foxnews.com/story/0,2933,58652,00.html

BTW, Pat, you're a New York lawyer, where's your piece of the action?


eLROY

This is why the tobacco settlement was so dangerous. Next came states suing over guns, next will be gambling. At least this suit is by private parties, but watch out if the government files a suit. The whole argument that because the government steals from some citizens and doles out to others, thereby picking up a super subrogation right against other private citizens is bogus.


There could very well be a sever erosion of personal liberty because of these lawsuits. There already has been, but it will be worse.

Offering no evidence, the story tries to plant the absurdity (suceeding in your case) that selling cheeseburgers can create civil liability because they're "addictive" and fat is bad for people. The subtext is that tobacco litigation will likely create liability for every bad habit under the sun.


There's two symbioses working here: right-wingers read frivolous articles in Foxnews to get their paranoia reinforced, and Foxnews issues propaganda to limit the liability of the clients that give the Murdoch companies their advertising billions. Nothing new.

you are right i think gambling is next. toobad you dont practice here in new york, we could make a fortune!


just kidding. i think this is yet another blackeye on our profession.


Pat

How about this though. Instead of suing casinios, we sue states with lotteries. We do a big class action and go after them for deceptive advertising and robbing from the poor to pay the poor. Have to figure some way around immunity issues etc... Then we can take the tobacco settlement money and keep it for ourselves, which is a much higher purpose than giving it to government programs. How about it? In Idaho, the only legal gambling is the lotto. The only liquor distributor is the state. I hate that.

how about getting around immunity by using civil rights deprivation...???

I think you would have to show intent. And to show the government intended to accomplish anything is an uphill battle.;-)

I don't think it's worthy of lawsuit, but I do think it's pretty damn disgusting that the big fast food chains serve so much CRAP to our nation and especially to our kids. Our whole nation keeps getting fatter and a major reason is the fast food. The companies don't HAVE to serve so much fatty junk,; I mean, most of it is really, really bad for you, just loaded with fat, salt and sugar. Sure I eat it too every now and then and it's fun, but some people almost live on it and I feel most sorry for the kids growing up on it. What's more the damn stuff costs as much or more than a lot of decent food--bet you could get a healthy meal at say Subway that cost no more than a burger chain. Three cheers for Subway, at least they have all those "heart-friendly" subs and sandwiches. But the burger chains ADD FAT to their processed "grilled chicken" sandwiches, and yes I mean the sandwiches that are NOT deep-fried. Dip the executives in a vat of lard and see how much they like it then...jeez;-)

lol..but true...gl

....please. Pretty please.


How anyone can read rightwing paranioa into a fatso filing a frivilous lawsuit about french fries escapes even I, the good doctor of wogga-nomics. I have to say, I love these whacko comments of yours. Just love them to death.


On a separate note, do think simple math - like say 3 + 3 (Didn't want to use 2 + 2 for obvious reasons) is something inheritantly evil? Perhaps addition, unlike subtraction, multiplication, or division has some ominous undertones that we commoners should be made aware of? If so, feel free to post away on your thoughts on this. I, for one, will be in your debt. Uh no!! Debt!!I didn't (gasp!) say "DEBT" did I? Did I make such an ironic faux pas?? Please forgive me. Forgive me. Oh my God! I said (gasp) "DEBT" in a post wot Chris Alger. Oh no!!! The leftwing economic downfall of the Marxist revolution was "DEBT." The rightwing economic downfall of capitalism was "DEBT." Like a Tic-Tac-Toe game, ther CAN BE NO WINNERS!!!EVER!!! NO!! NO!!!NOOOOOOOOOOOOO!!!

I can read "paranoia" into it because the filing of one frivolous complaint spanwed dicaprio's prediction that not only would the complaint survive dismissal, but that the plaintiff would probably obtain damages of such a magnitude that an "epidemic" of lawsuits was "no doubt" on the way. Sounds like paranoia to me. And if you doubt that Foxnews lives for the pleasure of it's advertisers, read Newscorp's 10-K.

well when you try cases for a living like I do then maybe you'll have a different perspective. i can tell you for sure that if one case survives dismissal, there will be a rash of lawsuits. never underestimate the greed of trial attorneys and peoples willingness to blame others for their failings. you say it is "frivolous" but i can tell you for sure that if such a case is brought in new york it will not be held to be frivolous and at least one or two cases will get to a jury. and then we'll see what happens. There has been talk of these lawsuits now for a few years in the legal community so this really is just the start.


Pat

I'm not sure which legal community you're a part of but since I graduated from law school in 1990 I've never heard anyone suggest that restaurants could be liable for selling food with fat in it.

i practice in new york city for a medium sized civil litigation firm. how about you? in the city here it is something that was talked about for at least the last two or three years. maybe more but that is when i first heard of it as a possibility.


Pat