Archive for February, 2010

McDonald’s coffee still hot in Oregon

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.

February 6 roundup

  • Wronged wife loses suit under California “Drug Dealer Liability Act” (DDLA) against mistress who supplied crack cocaine to husband [OnPoint News]
  • “D.C. Circuit to Former Judge in Pants Lawsuit: Follow the Rules” [NLJ, more, earlier]
  • “Law firm demands retailer destroy all copies of Olivia Munn comic, retailer refuses” [BoingBoing, HeavyInk, earlier on TJIC]
  • Can’t find jury for tobacco trial: “Lawyers excused a woman who said people have no right to sue over diseases that are disclosed on the warning label of a package.” [Russell Jackson, Chamber-backed W.V. Record]
  • Despite widespread misconception to the contrary, editing comments generally does not open blogger to liability over what remains [Citizen Media Law]
  • To heck with HIPAA, introduce your patients to each other if you think they’ll get along [Musings of a Dinosaur]
  • Devoted daughter vs. RSPCA: epic will contest in Britain over family farm bequest [Times Online]
  • Woman found guilty after planting dead rat in meal at upscale restaurant [Appleton Post-Crescent via Lowering the Bar and Obscure Store]

Boston cops arrest people who videotape their actions

They’re invoking laws against wiretapping, which you might naively think were passed to protect the people from the authorities, not vice versa, [Boston Globe/Daniel Rowinski, New England Center for Investigative Reporting; Radley Balko, Reason “Hit and Run”] Now lawyer Simon Glik, who was arrested for recording an arrest, is suing three cops and the city [NLJ]