A fast food chain filed an action in the trial court to compel a town's building inspector to issue a building permit and to review the denial by the town's board of selectmen of the chain's application for a common victualler's license. All parties agreed that the chain was entitled to a building permit, but the trial court affirmed the decision that denied the application for a common victualler's license. The chain appealed. The court determined that there was no evidence that the board acted arbitrarily or capriciously in denying the license and there was no basis for disturbing the board's decision. The court also determined that the decision was not tainted by the participation of a member of the board who was employed by a competitor of the fast food chain.…
Assume that you are asked to enforce the judgment by Shamrock Enterprises of $25,000 against Doris McFarland. (See facts below)…
Think about demographic and sociocultural trends and changes and explain how each organization's interpretation of these trends and changes has affected its choice of strategy?…
The case of Liebeck V McDonald’s Corporation also known as “The McDonald’s coffee case” is a well known court case which caused a lot of controversy. In February of 1992, Stella Liebeck, a 79 year old woman from Albuquerque, New Mexico sued McDonald’s Corporation for suffering third-degree burns from their product. Mrs. Liebeck and her grandson visited a local McDonald’s drive-thru and ordered a cup of coffee. After pulling away from the window, Mrs. Liebeck’s grandson stopped the vehicle so that his grandmother could add sugar and cream to her coffee. Mrs. Liebeck placed the cup between her legs to secure it and attempted to remove the lid. In the process of removing the lid, the coffee spilled onto her lap. Mrs. Liebeck was wearing sweatpants which absorbed the coffee and held the hot liquid against her skin.…
April 19, 2011 the lawsuit over Taco Bell’s beef was terminated. The California woman renounced the lawsuit willingly. Taco Bell did not change its products, ingredients or advertising. Taco Bell’s sales were suffering in February, 2011 because of the lawsuit in the United States (Stempel, J., 2011). The lawsuit valued the damages at $5,000,000 meaning that Taco Bell misrepresented the use of ingredients as seasonings (Nowak, M., 2014). The suit requested the court to require that Taco Bell to properly label its product as taco meat filling to make the public aware of the true content of its food. They provided the detailed list of their beef. The suit lasted two months. Taco Bell denied all allegations about their beef being falsely advertised.…
Judicial Restraint and Judicial Activism in McDonald v. City of Chicago Judicial Restraint is when the Supreme Court restricts their powers to avoid making any changes to public policy, unless that policy is unconstitutional. When applying judicial restraint to cases, the courts stand by stare decisis (previous decisions of the court), uphold current law, and hold strictly to the text of the Constitution. They think that by only interpreting the constitution and not creating new laws, that they are preserving the laws that this country was founded on. Judicial activism is the opposite.…
The topic that I selected is the Liebeck v. McDonald’s case, otherwise known as the hot coffee lawsuit. In 1992, Stella Liebeck, a 79-year-old woman bought coffee from McDonald’s drive through window. Then, when she was pouring her milk and sugar into her cup, she spilled it all over herself and suffered multiple burns. This may seem like this was a self-induced accident, however, there are many other factors that lead to Mrs. Liebeck receiving nearly $3 million in punitive damages. The evidence concluded that the coffee that McDonald’s was serving was 180 to 190 degrees Fahrenheit (or 82 to 88 degrees Celsius), which is a temperature that, if contacted with the skin, will cause third degree burns within seconds. Another important…
Frivolous lawsuits cost taxpayers over $100 billion each year. “A cost of $838 per U.S. citizen, meaning a family of four pays a “litigation tax” of $3352 for the U.S. civil justice system” (“Get the Facts”, n.d.). The most famous of all frivolous lawsuits was Liebeck v. McDonald’s. The 1994 case involved an 80 year old woman who spilled hot coffee on her lap at a McDonald’s drive thru. “The woman’s attorney argued that McDonald’s was guilty of gross negligence for selling coffee that was unreasonably dangerous and defectively manufactured” (“Liebeck v. McDonald’s Restaurants”, n.d.). McDonald’s indicated that the suit lacked merit. McDonald’s emphasized that Liebeck spilled the coffee on herself, and this was not the result of any negligence on the company’s part. A jury initially awarded Liebeck $200,000 in compensatory damages and $2.7 million in punitive damages. “The parties eventually settled out of court for less than $600,000” (“Liebeck v. McDonald’s Restaurants”, n.d.). To solve the problem of frivolous lawsuits it is important to find ways to discourage unscrupulous attorneys and plaintiffs there by reducing negative economic impact.…
Many tort cases are frivolous, with some entering the realm of being totally ridiculous. The lawyers are not the only ones thinking of lawsuits as another way to get rich. The common American citizen brings lawsuits as a way of playing against the odds and will have a real chance to win.…
The Liebeck v. McDonald’s case was a product liability lawsuit filed by Stella Liebeck, a 79 year old woman who was burned by a scalding hot coffee. One Sunday afternoon in 1994, Stella Liebeck ordered a cup of coffee at a McDonald’s drive through in Albuquerque, New Mexico. As she sat alongside her grandson in a 1989 Ford Probe, Liebeck noticed that there were no cup holders on the passenger side. Acting quickly, Liebeck decided to put the coffee cup between her knees. When she removed the coffee lid, some of the coffee spilled on her lap, burning her thighs, buttocks, and groin. It was later determined that Liebeck suffered third degree burns on her skin that resulted in permanent damage. Liebeck was held in the hospital for over a week,…
We live in a world where it is not uncommon to read about a new lawsuit filed against a company. Several years ago, a lawsuit would have made the front page of the newspaper. In today’s world, the general public is not aware of the majority of the lawsuits filed by consumers. However, some lawsuits have a way of getting our attention, such as the case of Taco Bell back in 2011.…
Frivolous lawsuits have over taken our society by storm. Anywhere from someone suing over a pair of lost pants to a person suing over a coffee burn. But what is Frivalous? Perhaps there is more to see in each of these suits that was originally thought. In 1992 79-year-old Stella Liebeck spilled coffee on herself and sued McDonald’s for the coffee being too hot. In May 2005 Judge Roy Pearson sued Custom Cleaners for losing a pair of his pants. On paper both of the lawsuits look ridiculous and should be dismissed as soon as the titles are read. But when looking into the details one discovers propaganda hugely blown out of proportion on one case and the other being exactly what it looks like.…
Can you find an article about a lawsuit that makes you want to grimace? Share the pain!!…
Facts: Matt Theurer was an 18 year old adult that worked at McDonald’s part time. His friends and family worried about him because he had many extra-curricular activities, worked for the National Guard, and worked for McDonalds. McDonald’s informal policy did not allow high school students to work more than one midnight shift per week or split shifts. There was a special clean-up week McDonald’s held, Theurer worked five nights. One night he worked until midnight, another until 11:30pm, two nights until 9pm, and another until 11pm. On Monday, April 4th, 1988, Theurer worked from 3:30 until 7:30pm, followed by the clean up shift beginning at midnight until 5am on April 5th, and then he worked another shift from 5am until 8:21am. During that shift, Theurer told his manager he was tired and asked to leave from his next regular shift. The manager accepted his request, and Theurer began to drive home. He was driving 45 miles per hour on a two lane road when he either fell asleep or became drowsy. Theurer crossed the dividing lane into on-coming traffic, and crashed into Frederic Faverty’s minivan. Theurer was killed and Faverty was seriously injured. Faverty settled his claims with Theurer’s estate, and then he filed suit against McDonald’s.…
As a business owner the most important thing to you is profits and they’re willing to do almost anything to increase their profits. Corporate greed does explain the state of the food industry and the poor health of an increasing percentage of Americans more than any other issue.…