Chronicling the high cost of our legal system
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Add another to our list of tavern patrons who discovered that dancing on the bar was not as safe a pastime as they initially assumed. This time the scene of the accident, and target of the resulting lawsuit, is Nashville’s Coyote Ugly Saloon. Her attorney says Ms. Barnes “‘had had a few drinks’ but was not drunk.” [Tennessean via Day]
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As reader R.T. sums up this story from the Hanover (Pa.) Evening Sun: “Smell from BBQ smoker is an advertisement, and ’signs’ fall under sign ordinance….”
But the burger stand will move from its cramped quarters anyway. [Sacramento Bee, earlier] Patrick at Popehat wonders whether the lawsuit by Kimberly Block and attorney Jason Singleton would have ended differently in the days before the Internet.
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Hans Bader isn’t impressed by the numbers slung around by the Center for Science in the Public Interest in its lawsuit charging that the food at Denny’s restaurants is too salty. [Washington Examiner, earlier]
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And their many legal headaches (via Sullum, “Hit and Run”).
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Denny’s as “Public Health Enemy No. 1″, over-salty food as “silent killer” — yes, they really do talk that way at the uber-nannyish (and litigious) Center for Science in the Public Interest [AOL Slashfood, Consumer Law and Policy, Greg Conko/CEI "Open Market"]
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Every time a headline comes up along the lines of “Man sues eatery after claiming to find a condom in his soup” — and they come up fairly regularly — I am put in mind of the existence of “finger cots”, small objects made of latex or similar material and often worn by food handlers over individual fingers as an anti-contamination measure. If I were a journalist covering such a dispute, I’d want to ask both sides whether they had ruled out for sure the possibility that the object in dispute was a food handler’s finger cot. Wouldn’t you?
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Way to destroy one-of-a-kind eateries [Conor Friedersdorf at Daily Dish] Related: ABA Journal, Nick Gillespie/Reason “Hit and Run”.
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The popular eatery, which has been spotlighted by the Food Network show “Diners, Drive-ins and Dives”, is famous for being cramped, as its name implies. So here comes the inevitable wheelchair-access suit by a plaintiff represented by serial Northern California ADA-suit filer Jason Singleton. [California Civil Justice, Popehat; restaurant site] More on Singleton’s activities: North Coast Journal cover story, 2001, and May 2008 coverage. Update: restaurant now planning to move.
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Springfield, Mass.: The parents’ suit charges that the chain wrongfully sent Corey Lind out to deliver pizza to dangerous and unknown addresses; he was ambushed and murdered in 2007. Noteworthy angle:
According to the suit, prior to 2000 Domino’s had a policy of not making or of limiting deliveries to certain areas.
As a result of discrimination claims against the company, the federal Department of Justice investigated the policy. The result was an agreement between the government and Domino’s establishing procedures Domino’s could use to limit or stop deliveries to certain areas based on safety.
The suit said that Domino’s required all stores to implement a Limited Delivery Service Policy which, among other things, would evaluate each store’s delivery and service area and provide for the safety of delivery workers.
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A rain check on KFC’s hugely popular grilled-chicken offer isn’t good enough, say the class-action-seekers. [L.A. Times/Chicago Tribune via Obscure Store, WSJ Law Blog]
You knew it would wind up in court [Marty Schwimmer, Trademark Blog]
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I’m quoted in Sandra Pedicini’s report on the settlement (with $9 appetizer vouchers) of a lawsuit charging the Olive Garden restaurant chain with “printing the last six digits of customers’ credit-card numbers on receipts. The limit under the Fair and Accurate Credit Transactions Act is five.” Under FACTA, lawyers need not show that class members suffered actual damages from the violation; instead, they can claim statutorily prescribed damages, multiplied by the (usually large) number of customers involved. In most such cases, there are no reports of any identity theft because of the breaches: “It’s like reckless driving in which no one had an accident and except for the lawyers, no one even noticed the car speeding,” I’m quoted as saying. ["Olive Garden diners may be eligible for $9 voucher", May 19]
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This vital step in an allergy-mitigation protocol appears not to have been undertaken by Darius Dugger of Portsmouth, Va., who says he specifically asked that Burger King omit the onions, tomato and pickle from his sandwich, but that they ignored his request, resulting in the severe allergic reaction for which he’d like $100,000. [Norfolk Virginian-Pilot via Patrick at Popehat] He says he’d already taken a bite and swallowed by the time he realized their error, as opposed to, you know, peeking under the bun to see. Earlier on West Virginia McDonald’s “hold the cheese” suit here.
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According to the Albany Times-Union Jack Pendleton, of Ballston Lake, N.Y., has no plans to sue, but per Obscure Store, “you can bet there will be lawyers calling him today”. More: Turkewitz.
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Point of Law Volokh