Footlong Subs and Other Frivolous Lawsuits

Real Clear Policy ^ | 17 Sep, 2016 | Adam Schulman

[MtnClimber]

You may have heard about the attorney who sued his dry cleaner for $67 million for losing his pants, or the movie-goer who sued over her disappointment that “Drive” wasn’t another “Fast and the Furious,” or even the various lawsuits against God. Frivolous lawsuits are a big problem in America, driving up the cost of doing business and transferring massive amounts of wealth to lawyers, too often for little in return. That problem is multiplied in class-action lawsuits, in which plaintiffs claim to act on behalf of thousands, even millions, of other non-consenting individuals.

In class-action lawsuits the threat of astronomical liability drives many defendants to settle — even if the plaintiffs’ chances of success are negligible. But because there’s only so much money that defendants are willing to spend, such nuisance lawsuits often lead to settlements where the attorneys get more than their fair share. It works like a formula: The plaintiffs’ attorneys and the few named representative plaintiffs divvy up the entire cash proceeds, leaving the remainder of the class with a potpourri of worthless window dressing.

At Competitive Enterprise Institute’s Center for Class Action Fairness, we have seen this formula repeat itself time and again.

In one case, L’Oreal agreed to “give” class members new labeling on bottles of shampoo to make sure big-box-store shoppers weren’t deceived into thinking that the products they were buying were only available at salons. In another case, Bluetooth agreed to add warnings instructing consumers not to listen to their headsets at maximum volume for eight hours a day, lest they suffer noise-induced hearing loss at some point in the future.

[MtnClimber]

Why can’t we file a class action lawsuit against class action lawyers for the harm that the increased costs cause society.

[sparklite2]

We are the enemy.
We allow ID-less voting,
we eschew loser-pays in litigation,
and we re-elected Obama after knowing
what a useless cinder of a man he is.

[kaehurowing]

Actually the suit against Subway isn’t frivolous. Across the country, producers have been shorting customers by putting less in their packages than advertised. You see it in the food you buy all the time.

[Talisker]

Why can’t we file a class action lawsuit against class action lawyers for the harm that the increased costs cause society.

Because only lawyers can file class action lawsuits, and no lawyer will take the case.

The primary purpose of lawyers is to control access to the courts. If there is a subject they don't want litigated, it's not litigated.

[rey]

I have a lawsuit against Universal Studios for their movie “The Never Ending Story.” And the really are more international than universal.

[Rembrandt]

The headline reminded me. I hope Jared is still enjoying his footlongs in prison.

[dfwgator]

"Is that a footlong?"
"And then some."

[PAR35]

Class action lawsuits actually benefit the corporations.

There’s an industry of setting up class action suits to cap corporate liability. It’s a lot cheaper to cut a deal with a law firm that specializes in these, pay the lawyers a huge chunk of money, give the named plaintiffs a small chunk of money, and watch the class members get hosed, than it is to fight a bunch of tiny brushfire law suits all over the country.

And the advantages are even greater if the product is, in fact, defective.

[Berlin_Freeper]

Some days ago we were crossing the street through a construction site were they put some asphalt at the curb to make it like a ramp. My wife tripped on it and fell forward onto the back of my legs and almost knocked me down.

While she was getting up I told her I am suing. She nodded and I added: You for falling into me.

[ConservaTeen]

Take a look at ads on TV...all lawyers for asbestos claims or bad drugs (or talcum powder) or what have you..

[mumblypeg]

There is actually a website where you can get emails about class action lawsuits, then sign on as a plaintiff. Can’t find the link right now, but I signed up awhile back for the Starkist tuna lawsuit. The company got caught shorting the can content.
The suit has been settled and I am awaiting my largess: I opted for $50 in coupons for tuna. The other choice was a $25 check.
LOL.

[sphinx]

The rule should be that no lawyer in a class action suit can receive fees larger than the average award for a member of the class. That would end the abusive cases overnight.