Drudge Retort: The Other Side of the News
Sunday, March 03, 2013

A few weeks ago McDonald's settled a class-action suit brought by Muslims regarding misrepresented food sold at one of its restaurants. After one of the class members didn't like the settlement and voiced his objections on his Facebook wall, the plaintiffs' lawyers who represented him as a class member -- and stand to get a hefty cut of the settlement -- filed in court demanding he take down the post and replace it with their own comments. The lawyers got a preliminary injunction against Majed Moughni's Facebook page. "Unbelievably enough, the court granted the motion and entered a preliminary injunction; finding that Moughni had made 'materially false, deceptive and misleading statements concerning the settlement ... and concerning the rights of the members of the Settlement Class," writes David Post on Volokh.Com.

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et_al

 

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The judge found that Moughni "thereby engaged in deliberate and abusive conduct which has created a likelihood of confusion of class members, adversely has effected the administration of justice and has undermined this Court's responsibility and authority to protect Class members from such abuses."

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The judge's name is MacDonald. She and the plaintiff's lawyers are about to relearn everything they learned in law school about the First Amendment but have since forgotten. Public Citizen, a public interest group, has taken up the cause.

#1 | Posted by et_al at 2013-03-02 10:59 PM | Reply | Flag:

Hamburglar's fault.

#2 | Posted by Harry_Powell at 2013-03-02 11:04 PM | Reply | Flag:

Who cares? The entire civil system has lost credibility from such cases being brought before it as if serious matters. Remember the McDonald's coffee scald award? Talk about obscene profits.
If someone wants organic, halal, kosher or Cajun food, go to such restaurants. But if you can not see the food being prepared, and eating correctly is a religious duty (which I respect), then best to keep your business among your peers because who wants an Irishman cooking his marinara or a Londoner blending the Scotch?
And Cajun IS religious food, lest any pea-brains object.

#3 | Posted by Diablo at 2013-03-03 12:08 AM | Reply | Flag:

The plot thickens.

Although [the guy with the injunction against him] is an attorney , the Facebook page made clear that he was not seeking to represent class members himself, but rather that he had retained a different lawyer, Mr. Miller, to object on behalf of members of the class who agreed with his views. Plaintiff accused [the guy with the injunction against him] of grandstanding to make himself look like a hero in his community...

#4 | Posted by et_al at 2013-03-03 12:12 AM | Reply | Flag:

#3 | Posted by Diablo

Swooosh...

#5 | Posted by et_al at 2013-03-03 12:20 AM | Reply | Flag:

Remember the McDonald's coffee scald award? Talk about obscene profits.
#3 | POSTED BY DIABLO

It's only obscene to idiots who have no clue how it works or about the cases they refer to.

The McDonalds coffee case is misquoted because you're too lazy to look it up. The Plaintiff was opening her coffee and spilled it. The coffee was so hot, she spent 8 days in the hospital undergoing skin grafting.

The Jury awarded her medical (as she asked) and punitive damages of $2.6 million (which she didn't request) to punish McDonalds. McDonalds was purposefully making the coffee 40 degrees hotter than regular coffee. $2.6 million was the dollar value of coffee McDonalds sells in a single day.

The Judge immediately reduced the damages to $640,000 ($160K for medical). The system actually protected McDonalds immediately. The Plaintiff didn't get millions.

However, the Judge did note that you're an idiot and shouldn't be allowed to post until you learn to read.

#6 | Posted by Sycophant at 2013-03-03 06:08 PM | Reply | Flag:

I would note this:

We brew our coffee at work at 185-190 degrees. I've taken FRESH coffee out and had people ask us to microwave it because it's "just warm".

#7 | Posted by captjimmyjames at 2013-03-03 06:48 PM | Reply | Flag:

Old McDonald had a farm EIEIO.
And on that farm there were some PIGs EIEIO
with an oink oink here and an oink oink there...

Old MacDonald Had A Farm

#8 | Posted by reitze at 2013-03-03 06:48 PM | Reply | Flag:

Power Inflictions of corrupt Government - PIGs.

#9 | Posted by reitze at 2013-03-03 06:49 PM | Reply | Flag:

#6 | POSTED BY SYCOPHANT AT 2013-03-03 06:08 PM

I was pretty sure I read it at the time and she had it in her lap, holding it with her legs while driving. In the process of holding it so it wouldn't move, she squeezed her legs and the top popped off and it spilled.

#10 | Posted by T_Man at 2013-03-03 06:52 PM | Reply | Flag:

However, the Judge did note that you're an idiot and shouldn't be allowed to post until you learn to read.

#6 | Posted by Sycophant
OUCH!

youtu.be

#11 | Posted by patron at 2013-03-03 06:57 PM | Reply | Flag:

People who mention the McDonald's coffee case without knowing its final disposition deserve scalding hot coffee dumped in their laps requiring plastic surgery to repair their genitals, as happened to the plaintiff in that case.

#12 | Posted by snoofy at 2013-03-03 06:58 PM | Reply | Flag:

Right Snoofy, either that or maybe we just like HOT coffee rather. 40 degrees hotter than what boiling? Idiots in charge - gonna protect you from yourself... no more hot coffee. Next will be your nuggets - its dangerous to have those you know. Castration time.

#13 | Posted by reitze at 2013-03-03 07:06 PM | Reply | Flag:

Lawyers enjoy more priviledges than the rest of us. Their time is precious and billable, your's isn't. Ordinary citizens have no right to be reimbursed for all the time lawyers and Courts can waste of yours. But you have to pay for all their time even when they make up a phoney bill. It fits nicely into our regression into a medieval society from the dark ages.

#14 | Posted by nutcase at 2013-03-03 07:10 PM | Reply | Flag:

Just chomp on a McRib and fuuuuugeeeeetabouuuuuuuuutit.

#15 | Posted by derspud at 2013-03-03 07:28 PM | Reply | Flag:

This a a classic example of a Strategic Lawsuit Against Public Participation (SLAPP). They are designed to shut the defendant up.

Most on this site are politically minded and out spoken. As such, at some point you may speak up IRL about some issue. As such you may be the target of a SLAPP.

This case has no basis in law or fact to support a prior restraint injunction against free speech. The plaintiff's motion for injunction was not supported by any evidence. The court held not even a cursory trial and no evidence was introduced. When the defendant tried to speak at the hearing the judge cut him off; "No, don't even."

Contrary to the rambling of certain nut cases, the defendant's time, even though he is a lawyer, is not compensable. Legal fees are only recoverable if permitted by statute.

#16 | Posted by et_al at 2013-03-03 07:43 PM | Reply | Flag:

.... A Judge found some commoner guilty of engaging in "deliberate and abusive conduct!"

**** Luckily Bush & Obama and their "Illegal Wars & $Trillion Dollar Thefts" are above any such Judicial Scrutiny!

#17 | Posted by AntiCadillac at 2013-03-03 09:30 PM | Reply | Flag:

Right Snoofy, either that or maybe we just like HOT coffee rather.

Like I said, spill some in your lap and get back to me.

Food served needs to be edible as served.

#18 | Posted by snoofy at 2013-03-03 09:47 PM | Reply | Flag:

There's all kinds of irony in this one---it involves muslims coming to America for perceived freedoms and the right to file frivolous suits like any other good American and then told to shut up so the lawyers can get a big payoff. Only in America.

#19 | Posted by matsop at 2013-03-03 09:51 PM | Reply | Flag:

The plaintiff (you capitalized that?) was too stupid to realize coffee is hot in the first place.

Coffee hot enough to burn your genitals to the point they require reconstructive surgery is the right temperature?

Yes or no.

#21 | Posted by snoofy at 2013-03-04 05:40 AM | Reply | Flag:

It's a shame that the judge issued the order interfering with the Constitutional right to lie which protects our already overcrowded prisons from having to deal with the further strain of housing tax and spend liberals advocating wasteful feel good do-nothing programmes

#22 | Posted by Gimme_a_Scotch at 2013-03-04 10:55 AM | Reply | Flag:

People who admire civil awards that are punitive...

A demonstration of ignorance? There are two aspects of the award in that case, 1) compensatory, e.g. medical care, etc. and 2) an award of punitive damages. Two legally separate awards.

Perhaps you should be SLAPPed.

#24 | Posted by et_al at 2013-03-04 08:44 PM | Reply | Flag:

My post made the distinction clear, Et Al. The thing making a circus out of our civil law is that unrestrained category "punitive damages." Nor do I like SLAPP lawsuits. These abuses are made possible by lawmakers whose cronies profit from them.
Reasonable legal fees, actual damages and compensation for measurable losses are all an award should contain. Millions for vague claims of pain and suffering or emotional distress are ridiculous.

#25 | Posted by Diablo at 2013-03-04 09:33 PM | Reply | Flag:

People who admire civil awards that are punitive rather than cover reasonable costs and losses incurred are killing this country.

So the $37,000,000 verdict against OJ is what's killing this country?

#26 | Posted by snoofy at 2013-03-04 10:03 PM | Reply | Flag:

#25 | Posted by Diablo
My post made the distinction clear...

Which part, what I quoted or the part you did not write?

Punitive damages are not "unrestrained." There are severe limitations on punitive damages. First of which the defendant must have engaged egregious, usually intentional, conduct.

Reasonable legal fees, actual damages and compensation for measurable losses are all an award should contain.

Glad to see you are on board with the plaintiff recovering reasonable legal fees. I am not aware of any jurisdiction that permits such recovery in tort cases.

Millions for vague claims of pain and suffering or emotional distress are ridiculous.

Claims for such non-pecuniary damages are in fact subjective but well grounded in law. It is up to the jury of your peers to weigh that subjectivity. The law provides for taking away, as it often does, extravagant jury awards.

Finally, the topic of the thread.

Nor do I like SLAPP lawsuits. These abuses are made possible by lawmakers whose cronies profit from them.

Many consider them an abuse; however, they are sometimes appropriate. SLAPPs are not made available by "lawmakers whose cronies" profit. The suits are almost always based on common law theories. Lawmakers can, and have in many states, restrain SLAPPs.

#27 | Posted by et_al at 2013-03-04 10:40 PM | Reply | Flag:

there are some professions it would be better not to be a part of when the grid goes down and they start hanging people from lamp posts.

#28 | Posted by RRichy at 2013-03-04 11:04 PM | Reply | Flag:

"So the $37,000,000 verdict against OJ is what's killing this country?"

Much as I despise OJ, yeah.

#29 | Posted by Diablo at 2013-03-04 11:11 PM | Reply | Flag:

"First of which the defendant must have engaged egregious, usually intentional, conduct."

Et Al, I know you are reasonable. What egregious misconduct has been displayed by a teen handing a cup of coffee to a customer? Is it SO egregious it is worth millions in punitive damages?

#30 | Posted by Diablo at 2013-03-04 11:14 PM | Reply | Flag:

#28 | Posted by RRichy

'...kill all the lawyers...'

You're next. Good luck without one.

#31 | Posted by et_al at 2013-03-04 11:20 PM | Reply | Flag:

#30 | Posted by Diablo

I have no knowledge of the details that are important. It is my general understanding that the coffee was knowingly super heated for monetary reasons; see providing a safe and generally accepted product in the marketplace. The "millions" for punitive damages awarded by the jury of her peers was later reduced according to law.

#32 | Posted by et_al at 2013-03-04 11:34 PM | Reply | Flag:

"So the $37,000,000 verdict against OJ is what's killing this country?"

Much as I despise OJ, yeah.

So then what's a fair price for wrongful death? And how do we impose that, a hard cap at a few million or what?

#33 | Posted by snoofy at 2013-03-05 02:39 AM | Reply | Flag:

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