Stupid Law Suits

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ed
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Re: Stupid Law Suits

Postby ed » Fri Jun 23, 2017 6:13 pm

Rob Lister wrote:On going to Lowes website, this is what I find
Image

Home Depot lists it in the specifications
Common: 2 in. x 4 in. x 8 ft.; Actual: 1.5 in. x 3.5 in. x 96 in.

Note that my answer does not have to rely on visual aids, it stands on its own. That is why it is better
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Re: Stupid Law Suits

Postby Rob Lister » Fri Jun 23, 2017 7:16 pm

Yours is better. But can you make wood?

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Re: Stupid Law Suits

Postby gnome » Mon Jun 26, 2017 11:38 am

Wanna buy some wood?

Image

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Re: Stupid Law Suits

Postby Rob Lister » Fri Nov 10, 2017 1:47 pm

An Alabama man who said he tripped and broke his hip while buying a watermelon at a Walmart store has won a $7.5 million verdict in his lawsuit against the retailer. Henry Walker on Wednesday was awarded the damages after a jury trial in Phenix City, Alabama, just west of the Georgia state line, court records show. Walker had sued Arkansas-based Wal-Mart Stores Inc., saying his foot became trapped in a pallet beneath the watermelons as he reached for one of the fruits at a Phenix City Walmart on June 25, 2015. Al.com reports that when the then-59-year-old turned back toward his shopping cart, he fell. One of his lawyers says that Walker's days of playing basketball three times a week ended with the injury, which now requires him to use a walker.
http://www.newser.com/story/251409/he-f ... icher.html

I too have had my foot caught in a pallet. Pallets are hazardous like that. I think there is a shared responsibility here. Poor man broke his hip and will have to use a walker until the case is utterly settled, wherein he can toss it out. 7.5 million is a little much. I award him $100K and he can keep the watermelon.

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Re: Stupid Law Suits

Postby asthmatic camel » Fri Nov 10, 2017 7:10 pm

Judge camel says:

"You, sir, are a dumbass. If you are incapable of carrying out such a simple task as buying a watermelon without seriously injuring yourself, then I recommend that you stay at home and send somebody else who is. Either that or book yourself a room at the Hotel California. Case dismissed, costs awarded to the defendant."
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Re: Stupid Law Suits

Postby gnome » Fri Nov 10, 2017 7:29 pm

7.5m seems scaled not to the plaintiff's need or portion of responsibility, but as punitive damages. This usually means at some point the defendant pulled an ill-advised dick move and the jury got angry when they were informed of it.

It's not 100% reliable as a maxim, but I'd be willing to bet a small amount on it this time.

This is why (I would think) that large businesses usually make a settlement with plaintiffs injured on the premises even if they were not necessarily in the wrong, and carry liability insurance for such occasions. Something broke that script this time.
"If fighting is sure to result in victory, then you must fight! Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor. Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat, and then he beat the crap out of every single one. And from that day forward any time a bunch of animals are together in one place it's called a zoo! (Beat) Unless it's a farm!"
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Re: Stupid Law Suits

Postby Rob Lister » Fri Nov 10, 2017 10:27 pm

gnome wrote:7.5m seems scaled not to the plaintiff's need or portion of responsibility, but as punitive damages. This usually means at some point the defendant pulled an ill-advised dick move and the jury got angry when they were informed of it.

It's not 100% reliable as a maxim, but I'd be willing to bet a small amount on it this time.

This is why (I would think) that large businesses usually make a settlement with plaintiffs injured on the premises even if they were not necessarily in the wrong, and carry liability insurance for such occasions. Something broke that script this time.


Meh. Fuck you gnome. He gets $100K. That's it. Fuck the jury. Their biased because their all foot-hangers.

On a serious note: it is easy to get ones foot caught in a pallet. That's why the 100K. This an't their first foot-hanger. They've been warned before. THAT's why the 7.5 mil. Still ... 100K. Not a penny more.

P.S. I am channeling CH.

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Re: Stupid Law Suits

Postby Anaxagoras » Sat Nov 11, 2017 12:10 am

We now have a resolution to that lumber lawsuit I mentioned earlier:

Lumber lawsuit against Menards dismissed; judge says retailer didn't lie about its 4x4s

A federal judge has slammed the door on the Illinois lumber shoppers who sued Menards claiming it deceived them about the size of its 4x4s.

Saying no reasonable consumer would regard Menards’ descriptions of its lumber the way plaintiffs Michael Fuchs and Vladislav Krasilnikov said they did, the judge last week dismissed the would-be class action lawsuit against the Wisconsin-based home-improvement chain.

The decision by U.S. District Judge Edmond Chang throws out a case in which Menards was accused of deception because it marketed and labeled its 4x4s without specifying that the boards measure 3½ by 3 ½ inches.

So-called dimensional lumber — 2x4s, 4x4s, 2x6s and such — is commonly sold by names that do not specify the measurements of the pieces. The longstanding industry convention is recognized by the U.S. Department of Commerce, which distinguishes between the “nominal” designations for pieces of lumber and their actual size. The department says a 2x4, for example, can measure 1½ inches thick by 3½ inches wide.

The distinction between the name and the actual dimensions stems from the fact that lumber, when it is produced, typically is trimmed to smooth it after the initial rough cut, Chang said in his decision.

The government endorsement of the industry practice supports Menards’ argument that it didn’t falsely market its lumber, Chang said.

Further, he said, the labels on the lumber “are literally true,” because they do not show inch-mark symbols after the customary trade names of the lumber.

“Without a literally untrue statement, combined with the government-recognized distinction between nominal sizes and actual sizes, no reasonable consumer would think that the labels showed the exact dimensions of the lumber,” Chang said.

Beyond that, the judge said, Fuchs and Krasilnikov — who alleged they discovered they had been deceived when they got home and measured their lumber — easily could have used their tape measures in the store.

“It would be one thing if packaging prevented access to the height and width. … It is another thing where the plaintiffs can readily see if there is a mismatch between what they perceive as the size on the label and the height and width of the lumber,” Chang said.

In a brief statement, Menards applauded the decision by Chang, who sits in the northern district of Illinois.

“We feel that it was a frivolous lawsuit at best and we’re glad that common sense prevailed,” Menards spokesman Jeff Abbott said by email.

An attorney with McGuire Law, the Chicago-based class action firm that represented Fuchs and Krasilnikov, did not respond to a request for comment.

McGuire Law also represents the plaintiff in a similar lawsuit against Home Depot. That case is pending.


Home Depot lawsuit still pending but I don't see why the result should be any different.

I think the defendants should be awarded attorney costs too.
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Re: Stupid Law Suits

Postby Doctor X » Sun Nov 12, 2017 8:02 am

They have no comment since they lost their profit.

Remind me to bring a tape measure when buying lumber.

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Re: Stupid Law Suits

Postby sparks » Sun Nov 12, 2017 9:28 am

2 by 4s haven't been 2 by 4s for a long time... So much so, that when you do come across them, it's usually a big fucking problem. And how 'bout those new-fangled metal studs?

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Re: Stupid Law Suits

Postby Doctor X » Sun Nov 12, 2017 9:33 am

THANKS OBAMA!

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Re: Stupid Law Suits

Postby ed » Sun Nov 12, 2017 11:17 am

I thought that the measurement was becasue they were measured green and that after drying they shrank.

Perhaps our resident expert on shrinkage, Mr. Lister, would care to put in his 6" (2.5 actual)?
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Re: Stupid Law Suits

Postby shemp » Sun Nov 12, 2017 6:35 pm

This means my house should be 25% bigger! I'm suing!
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