Posts tagged as:

McDonald’s

July 11 roundup

by Walter Olson on July 11, 2010

  • Update: Australian judge tells Men at Work to pay 5% of royalties to “Kookaburra” owner, far less than was demanded [Lowering the Bar, earlier here and here]
  • McDonald’s CEO pushes back vs. ogrish CSPI’s anti-Happy Meal campaign [Stoll, Mangu-Ward] “Milk, Coke and the Calorie Police” [Jason Kuznicki, Cato]
  • “Lawyer sues basketball star LeBron James, alleging he is his father” [CNN, BLT] Update: judge tosses suit.
  • Small business tort liability costs estimated at $133 billion [NERA study (PDF) for Chamber's Institute for Legal Reform (press release) via PoL]
  • Crawlers, robots.txt and fear of litigation: “Some closure on my collision with Facebook” [Pete Warden]
  • Now what was Citizens United supposed to open the floodgates for, exactly? [Bainbridge]
  • DOJ “entered into undisclosed agreement with Amex to freeze out the employment of exec who ultimately was cleared of wrongdoing” [Podgor, Kirkendall via Steele]
  • Easter egg in financial regulation bill could result in new pressure for gender, ethnic quotas across wide sectors of economy [Diana Furchtgott-Roth, Real Clear Politics; Mark Perry with some figures on the degree of gender balance in Dodd's and Frank's committees]

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March 31 roundup

by Walter Olson on March 31, 2010

  • Funniest string cite ever? Judge Alex Kozinski has a field day [Lowering the Bar]
  • Lawyer: panic attack explains why I settled my bias complaint for a mere $350K [ABA Journal]
  • Curious EU heritage sign: “plants, wild animals and leprechauns (little people) are protected in this area” [SkyNews]
  • “She asked me if she should go back to earning $25,000.” Caught in the poverty trap [Megan Cottrell, Urbanophile]
  • Jury rejects claim that formaldehyde emissions from FEMA Katrina trailer caused man’s throat tumor [Courthouse News]
  • Update: McDonald’s settles nude-photos-left-on-cellphone case [OnPoint News, earlier]
  • Canadian psychiatrist accused of human rights violations in South Africa suppressed public discussion of his past for years by threatening to sue news organizations [Guardian]
  • Judge throws out Texas law limiting quick solicitation of accident victims [Houston Chronicle]

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Bruce Nye has a photo of a pointless new warning McDonald’s has posted in California stores to avoid litigation. The warning seems to have a side safety benefit: by the time you finish reading it, your coffee won’t be hot any more.

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Late-night fast food at a Virginia gas station McDonald’s proves fateful, if not fatal. [Kevin Couch at new, South Carolina-based Abnormal Use: An Unreasonably Dangerous Product Liability Blog]

P.S.: Jim Dedman of the Gallivan firm writes in email: “Walter, we’re big fans of Overlawyered here at our firm in South Carolina, and I myself have been reading it since I was a law student. We started our blog on the first business day of 2010, partially inspired by having read your site for years. Thanks again, and we look forward to being a part of the blogosphere with you.” Inspiring others to jump in is one of the true psychological rewards of blogging.

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Aurora Hill alleges that McDonald’s coffee is “extremely hot in the extreme” and caused nervous shock, pain, and scarring when it spilled on her. (Aimee Green, The Oregonian, Feb. 4).

You may recall that part of the trial lawyer fiction about the merits of the infamous Stella Liebeck suit was that it supposedly successfully caused fast food restaurants to lower the temperature of coffee so that no one would ever be burned again.

My faith in humanity is encouraged when I see that the poll of Consumerist blog readers on the topic marks 86% for the option “Hot coffee is hot. Deal with it” on a blog that usually is reflexively pro-trial lawyer. Ironically, I wouldn’t count this suit as entirely meritless: Hill alleges that McDonald’s workers failed to adequately affix the lid to the cup, causing the spill as they handed her the coffee in the drive-through, which, if true, would strike me as actionable.

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Those of you who have attended my “Law of McDonald’s” talks in California and Florida may recall the case of the strip search hoax. A Florida man who was unusually persuasive would call dozens of fast food restaurants until he could find someone who would believe he was with the police and who would disrobe employees (or themselves) at his instructions; though there have been other lawsuits seeking to blame the fast food restaurants for this, courts have generally thrown them out. One exception was the case of Ogborn v. McDonald’s, where two targets of the hoax successfully sued for millions. On Friday, the Kentucky Court of Appeals largely affirmed the lower court judgment, though it reduced the punitive damages received by Donna Summers (who gave an Alford guilty plea for her role in the strip search) from $1 million to $400,000. McDonald’s hasn’t yet decided whether to appeal to the Kentucky Supreme Court. (Andrew Wolfson, “Appeals court upholds $6.1 million strip-search verdict against McDonald’s”, Kentucky Courier-Journal, Nov. 20, via ABA Journal).

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October 10 roundup

by Walter Olson on October 10, 2009

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October 2 roundup

by Walter Olson on October 2, 2009

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“Hot coffee is back!”

by Ted Frank on September 4, 2009

In an op-ed in the Examiner last week, I express curiosity why the trial bar continues to insist that the infamous McDonald’s coffee case came out correctly decided, to the point that trial lawyer blogs express excitement that a documentary is going to be made about the subject. Of course, if the movie just parrots the urban legends trial lawyers have spread about the case, that would be something else—the fact that the filmmaker was fundraising at the AAJ convention but hasn’t shown her face around any of the tort reform conventions suggests a certain direction about the film.

Speaking of McDonald’s, I’ll be in the Bay Area next week at a couple of law schools giving a presentation called “The Law of McDonald’s: Hot Coffee, Obesity, and Prank Phone Calls” : Golden Gate University Law School on September 10, and UC-Davis on September 11. I’ll also be at UC-Berkeley Law on September 8, and Santa Clara University Law on September 9 talking more generally about tort reform and patent reform specifically.

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So a Tennessee woman is suing McDonald’s, saying it should have known its outlet was attracting a criminal element. She’s also suing a nearby liquor store and the attacker himself. [Nashville Tennessean]

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In Patent Application No. WO/2006/068863 (h/t The Browser), McDonald’s claims:

A method of making a sandwich composed of at least a bread component and sandwich garnish comprising: placing sandwich garnish material on a sandwich assembly tool, the sandwich assembly tool comprising a region for holding sandwich garnish material to be applied to a bread component of a sandwich, the member comprising at least one cavity; placing the bread component over and adjacent the cavity; and thereafter inverting the sandwich assembly tool and the bread component while the bread is adjacent and covering the cavity to cause the sandwich garnish to be deposited from the cavity to the bread component.

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March 15 roundup

by Walter Olson on March 15, 2009

  • “Intellectual Easter egg hunt”: great Michael Kinsley column on Wyeth v. Levine and FDA drug preemption [Washington Post]
  • Negligent for the Port Authority to let itself get bombed: “Jury Awards $5.46M to 1993 WTC Bomb Victim” [WINS, earlier]
  • “How following hospital quality measures can kill patients” [KevinMD]
  • Owner of Vancouver Sun suing over someone’s parody of the paper (though at least it drops the printer as a defendant) [Blog of Walker]
  • Court dismisses some counts in Billy Wolfe bullying suit against Fayetteville, Ark. schools [NW Arkansas Times, court records, earlier here and here]
  • Law bloggers were on this weeks ago, now Tenaha, Tex. cops’ use of forfeiture against motorists is developing into national story [Chicago Tribune, earlier here and here]
  • Can hostile blog posts about a plaintiff’s case be the basis for venue change? [IBLS]
  • Calls 911 because McDonald’s has run out of chicken nuggets [Lowering the Bar]

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February 27 roundup

by Walter Olson on February 27, 2009

  • Long Island man fails badly in bid to make his estranged wife compensate him for kidney he gave her [NYLJ, earlier]
  • McDonald’s denies negligence in case of nude photos on customer’s left-behind cellphone [Heller/OnPoint News, earlier]
  • Role of union corruption in NYC crane collapses. Best tidbit: strippers offered apprenticeships [New York Times]
  • Because the Big Three need another millstone around their necks: states moving to entrench auto dealers’ nontermination/buyout rights yet further [Detroit Free Press via Mataconis, background]
  • Microsoft claims former employee “applied for a job at the company under false pretenses and then used his role at Microsoft to gain access to confidential data related to patent litigation he is now waging” [Seattle P-I, Andrew Nusca/ZDNet]
  • Settlement ends lawsuit by Cooper Tire & Rubber Co. against Mississippi’s Farese law firm and Ocala, Fla. attorney Bruce Kaster arising from leak of disparaging employee affidavit to press [Patsy Brumfield, NEMDJ, ABA Journal]
  • Mule drivers at historic tourism park must register for antiterror biometrics as transportation workers [Ken @ Popehat]
  • Lawyers advise defendant on trial for murder to go off his antipsychotic medication so he’ll come off as madder to the jury [nine years ago on Overlawyered]

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“Here’s some food for thought: If you have nude photos of your wife on your cell phone, hang onto it. Phillip Sherman of Arkansas learned that lesson after he left his phone behind at a McDonald’s restaurant and the photos ended up online.” Sherman says restaurant employees had promised to secure the phone until he returned to pick it up; the story does not make clear (assuming it is known at all) how or by whom the pictures were posted. He and Tina Sherman are now suing the restaurant for damages that include the cost of moving to a new house, saying that she received threatening and harassing text and voice messages related to the pictures. (AP, Nov. 23; Northwest Arkansas Times).

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William Saletan is appropriately appalled by the action of the Los Angeles City Council, which has moved to prohibit the opening of new fast food restaurants in South Central. Law and public health activists are trying to obtain similar legislation in New York and elsewhere, often pretending that they are not seeking to override the actual food choices of local residents. It’s a good idea not always to accept their factual assertions at face value:

“You try to get a salad within 20 minutes of our location; it’s virtually impossible,” says the Community Coalition’s executive director. Really? The coalition’s headquarters is at 8101 S. Vermont Ave. A quick Google search shows, among other outlets, a Jack-in-the-Box six blocks away. They have salads. Not the world’s greatest salads, but not as bad as a government that tells you whose salad you can eat.

(“Food Apartheid”, Slate, Jul. 31).

More: Several thoughts from Hans Bader, including this: “When Domino’s, a private company, decided not to deliver pizza and other fast food to certain dangerous parts of Washington, D.C., based on geographic region, not race, it was accused of racism by civil-rights groups, sued for discrimination, and demonized by D.C.’s City Council. … Why the double standard in favor of government bullies?” From commenter “Shine” at Matthew Yglesias: “What’s ironic is that many of the mom and pop restaurants were burned out during the 1992 riots. And the fast-food franchises promised two things that the post-riot LA political establishment (i.e., Rebuild L.A.) demanded above all else: minority ownership and jobs.” Another commenter there, “Too many Steves”, sniffs “a political favor to the existing franchise owners”, who stand to benefit from the throttle on competition, and whose interests of course diverge from those of the national franchisors, who are probably quite sincere in their opposition.

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When driving through the hamburger chain’s order line, Karen Tumeh, who is hearing-impaired, doesn’t like to use the order box, which she says makes her hearing aid screech. Her lawsuit apparently construes the Americans with Disabilities Act as entitling her instead to place her order upon arriving at the pickup window and wait there until it is ready, even if other customers are lined up behind her. Employees at a Lincoln, Neb. outlet of the hamburger chain allegedly told her that if she couldn’t or wouldn’t use the order box she should come inside and order from the counter rather than hold up other patrons in the car line. (Clarence Mabin, “Hearing-impaired woman sues McDonald’s”, Jul. 15; AP/Omaha World Herald, Jul. 16).

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Pulitzer-prize winning columnist Leonard Pitts Jr.:

Anna from Estonia mak[es] it a point to show visiting friends a sight they could never see in the old country. They laugh, they point, they whip out cameras and take pictures. Of the Everglades? No. Of Mount Rushmore or Lady Liberty? No.

Anna said they take pictures of the idiot signs. These she said, crack her friends up. “Caution: Coffee is hot.” Apparently, elsewhere in the world, you don’t need a sign to know this.

More on the deservedly infamous McDonald’s coffee case. Similar discussion: March 2.

November 7 roundup

by Walter Olson on November 7, 2007

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