Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CDT to 6:00…
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This Week's "Your Turn" Radio Show Lineup

Join CFIF Corporate Counsel and Senior Vice President Renee Giachino today from 4:00 p.m. CDT to 6:00 p.m. CDT (that’s 5:00 p.m. to 7:00 p.m. EDT) on Northwest Florida’s 1330 AM/99.1FM WEBY, as she hosts her radio show, “Your Turn: Meeting Nonsense with Commonsense.” Today’s guest lineup includes:

4:00 CDT/5:00 pm EDT: Ross Marchand, Director of Policy at the Taxpayers Protection Alliance: U.S. Postal Service;

4:15 CDT/5:15 pm EDT: Quin Hillyer, Associate Editor of the Washington Examiner and Nationally Recognized Authority on the American Political Process: the Decline of the Humanities and the Rise of Prejudices;

4:30 CDT/5:30 pm EDT: Ashton Hayward, III, President of Andrews Research & Education Foundation: AREF's Mission and Projects;

4:45 CDT/5:45 pm EDT: Myron Ebell, Director…[more]

February 18, 2019 • 07:26 pm

Liberty Update

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Jester’s Courtroom
A Sucker Punch
Thursday, May 31 2018

The makers of Dum Dums suckers are suing the makers of Tootsie Roll, claiming their new packaging is causing confusion among sucker lovers.

According to news reports, Spangler Candy Company, the makers of Dum Dums, alleges in its recent lawsuit that Tootsie Roll Industries, the makers of Charms Mini Pops, intentionally confuses consumers with its new packaging that is similar in color and style to that of Dum Dums. Long sold in a yellow bag, Charms now come packaged in a red bag similar to Dum Dums, with a quantity “300” stamped in the same location.

Spangler maintains this repackaging amounts to trade dress infringement and unfair competition, adding that “customers are likely to confuse the products and their source of origin."

The question remains whether consumers are the real dum dums or whether they can distinguish between the suckers.

Source: blogs.findlaw.com

Say "No Cheese"
Wednesday, May 23 2018

McDonald's is facing a class-action lawsuit over cheese on its Quarter-Pound burgers.

Cynthia Kissner and Leonard Werner are suing the burger giant, claiming they were forced to pay for cheese they did not want on their Quarter-Pounders. In a class-action lawsuit filed in Florida, the plaintiffs contend that they paid on average 30 to 90 cents more for the burgers than they would or should have if no cheese had been an option on the menu in the stores or at drive-thru windows, as it is on the McDonald's app or through delivery service. The plaintiffs further allege that, in addition to having to pay for the unwanted cheese, they were forced to remove it themselves from the burgers.

According to news reports, McDonald's noted that franchisees decide on menu prices to be competitive in their markets. Moreover, McDonald's responded in an email by saying, "We do not believe the claims in this lawsuit have legal merit. The advertised Quarter Pounder burger comes with cheese. We try to accommodate our customers' requests by allowing them to customize their orders, such as a Quarter Pounder with no cheese."

Source: USAToday.com

Music to No One's Ears
Thursday, May 17 2018

A family is suing a New York parking garage company after a beloved (and expensive) violin was run over.

According to news reports, Beth Bergman and her daughter were visiting New York from California. While unloading the trunk of the car, Bergman placed the violin, in its protective case, on the ground. Bergman claims it was out of the way and not in the drivable path. Yet, the violin was run over by a garage employee. Bergman is suing for $85,000 in damages.

"If you have something very special, you don’t put it on the floor," defendant Victor Asitimbay argued. "Her daughter was crying like somebody died. It’s not our fault, because they leave it on the floor. It [was] scary because they screamed like the guy run over a baby or something."

Source: wqxr.org

The Sweet Taste of Dismissal
Wednesday, May 09 2018

A class action lawsuit filed against the maker of Whoppers and Reese's Pieces has been dismissed by a federal court judge.

Robert Bratton sued the Hershey Company, claiming the candy manufacturer deceived customers under Missouri’s consumer protection law by underselling the candy contained in boxes of Whoppers and Reese's Pieces. According to news reports, Bratton purchased roughly 600 boxes of the popular candies over the course of a decade, giving rise to his million dollar lawsuit, which was filed on his behalf and that of all other individuals who bought either candy over the past five years.

Recently, the federal court dismissed the lawsuit, ruling that Bratton was not deceived and had experienced no injury. In fact, the justification for the ruling came from Bratton's own action of purchasing the candy over and over again.

Bratton has a similar lawsuit pending against Tootsie Roll Industries, the maker of Junior Mints.

In an effort to ensure that consumer protection lawsuits are legitimate, the Missouri legislature is considering a bill that would evaluate lawsuits from the perspective of a reasonable consumer. When consumers are not actually harmed, there would be no award. Also, attorneys’ fees in such class actions could no longer dwarf the benefits provided to consumers.

Source: kansascity.com 

Interns Get Schooled on Class Action Lawsuits
Thursday, May 03 2018

A class action lawsuit filed by hundreds of Ralph Lauren interns has been settled for more than a quarter of a million dollars, but the interns themselves won’t see much of that money.

The lawsuit, filed in the Manhattan Supreme Court, claimed interns were paid nothing to prep samples for fit meetings, create product code and conduct other valuable services for the fashion house, was recently settled for $323,000. Yet, most of the interns will only see a thread of the settlement money, namely $305, because their lawyers' take is $108,000. Only Nadine Craparotta, who was awarded $7,500 as the lead plaintiff, might be able to afford one of Lauren’s signature $598 double-breasted wool blazers with her settlement money.

The interns’ attorneys claim the deal is “fair and reasonable”.

According to news reports, Tom Stebbins of the Lawsuit Reform Alliance said the case showed “how broken the class-action system is because you have people who actually were not paid money getting pennies on the dollar while lawyers are walking away with over $100,000.”

Source: nypost.com



Question of the Week   
Which one of the following has the sole power of impeachment under the U.S. Constitution?
More Questions
Quote of the Day   
 
"In America, the left knows it can't just spring socialism on the land. They must accustom people to their most grandiose projects while maneuvering the politics and grinding away at public opposition.Miss Ocasio-Cortez and her comrades expect us to ridicule then ignore her silly Green New Deal while they work tirelessly to make it a reality. So unless we're willing to cede our most fundamental freedoms…[more]
 
 
—Monica Crowley, The Washington Times
— Monica Crowley, The Washington Times
 
Liberty Poll   

Do you believe President Trump's Emergency Declaration and Executive Order to fund southern border wall construction partially by repurposing DoD funds is within his constitutional authority, despite congressional objections?