We've seen a few of these in the past, so a thread for them....
What EXACTLY is the "harm" here?The media protects corporate interests by framing the lawsuits as petty or frivolous.
As a result, companies can prosper while the consumer is harmed, even if the damages are a mere violation of law with nothing enough to constitute compensatory damages.
And the general populace easily takes bait of pro-corporate empowerment.
That product is accurately represented.What EXACTLY is the "harm" here?
"Oh no, Halloween is ruined because my peanut butter cups don't have FACES ON THEM!"
/Little Timmy stabs his entire family to death
Class actions are one of the few actual legal counterbalances to corporate power abuse. It is precisely the situation where it would not be economically feasible for a single individual to allege a wrong but nevertheless, damages are inflicted upon a significant number of people in the same way.The issue with these dumb lawsuits is that they cost a lot of time and money for nothing for the defendant. If you hate someone you can just keep suing them for the dumbest things, even if you lose, they lose too. At an individual level this can even cause someone to lose their job because they keep having to go to court so they're never at work. But you could even hurt a small business this way, such as suing them right before Christmas and now they're stuck dealing with that instead of running their business as they may not have the staff to deal with that.
There really should be some sort of way to prevent dumb lawsuits. Maybe some kind of "pre filter" stage where it's only the person suing and the judge. If the judge thinks the lawsuit is dumb they have to pay a fine and the whole thing is dismissed without the defendant even needing to be involved.
We've seen a few of these in the past, so a thread for them....
Hershey sued for $5M over missing 'cute' face on Reese's Peanut Butter Pumpkins
January 5, 2024 • The lawsuit claims the packaging shows "explicit carved out artistic designs" that the chocolate inside doesn't have.
No, my argument is that no one has been harmed, keep your slimy weasel words out of my mouth. This is a non-issue, and represents cash grubbing from the stupid. She would have been better off writing the company with her complaint and getting her coupon for one free Reese's peanut butter cup that way, rather than involving cash grubbing lawyers to suckle at the teat of a corporate giant once again.That product is accurately represented.
In addition, populace need not white knight a complaint just because the subject feels ridiculous or trivial. The process of motion to dismiss is precisely teasing out the cases that sufficiently plead allegations a violation of law exists from those that do not.
Even if the case is dismissed, it adds to the case law in fleshing what parameters need to be met to sufficiently allege a violation of law in the future. What is good enough for the elements to be met. https://www.law.cornell.edu/wex/false_advertising#:~:text=Actual deception occurred, or at,of injury to the plaintiff.
In certain matters, mere nominal damages can be awarded, a recognition a violation occurred even if compensatory or punitive damages are not established.
Your argument is simply that because compensatory damages are trivial or nonexistent, there cannot be a violation of law. Furthermore, you do not seem to consider non-economic damages as proper damages.
No, buts that's a cute way to shrink the weight.I got a package of York Peppermint Patties that shows them shaped as snowflakes. The patties are closer to a six point star of some kind than a snowflake.
Can I sue for a billion dollars?
Maybe just shoot for $10 million, like an apparently "reasonable" person.I got a package of York Peppermint Patties that shows them shaped as snowflakes. The patties are closer to a six point star of some kind than a snowflake.
Can I sue for a billion dollars?