Wal-Mart sued for CDs’ naughty words

Speaking of class actions without cognizable causation: Wal-Mart refuses to sell albums that contain foul language, but a Tool CD that didn’t have the Tipper-Gore “Parental Advisory” label slipped through the cracks (as did another album with a song that had the phrase “menage-a-trois” in the lyrics). This is supposedly grounds for a class action […]

Speaking of class actions without cognizable causation: Wal-Mart refuses to sell albums that contain foul language, but a Tool CD that didn’t have the Tipper-Gore “Parental Advisory” label slipped through the cracks (as did another album with a song that had the phrase “menage-a-trois” in the lyrics). This is supposedly grounds for a class action lawsuit, but it’s really just a legalized extortion attempt, since if the court certifies the class, it will cost Wal-Mart about as much to defend the case as it would to just pay the plaintiffs’ attorneys a nuisance settlement. (I presume they’ve sued The plaintiffs will be disappointed because they failed to sue beneath the Class Action Fairness Act $5 million jurisdictional requirement to keep the case in judicial hellhole Cook County; the case is thus almost certain to be removed to federal court, and the federal appellate courts for Chicago scrutinize class action settlements too closely for the hit-and-run plaintiffs’ bar’s comfort.)

Even plaintiffs’ attorney David Fish is appalled at the blatant misuse of consumer fraud laws. Professor Childs isn’t impressed, either, and Peter Lattman comments.

2 Comments

  • This is mild compaired to what is brewing in Pittsburgh, Pennsylvania right now. A developer, who is building a Walmart had a major landslide last Tuesday. The slide is blocking one of the major highways leading into Pittsburgh, as well as some heavily used railroad tracks. The road is supposed to be closed until the 7th of October. Several of the anti-Walmart groups here have gotten the State to pull the permits for the store and are looking into filing a lawsuit against Walmart. Ordinarily I’d say that the suit wouldn’t have a chance, but it is a local election year and some politicians have gotten involved.

  • “menage-a-trois”?

    Oh dear GOD! run for your lives children!!!!!

    Sometimes I really want to slap the hypocrisy that mascarades as parenting in America.

    I can only imagine if the song included the words “threesome”