Tort Report

Women sues Victoria Secret for "defective" panties

Can you say, 'Frivolous lawsuit!", or better yet, “Scumbag low-life attorney.”

Milk's favorite cookie under attack!

In May 2003, Stephen Joseph of San Francisco sued Kraft foods for putting trans-fat in their Oreo cookies. Joseph wanted an injunction to order Kraft to stop selling Oreos to children. Once the media caught wind of Joseph’s lawsuit, the media blitz became too much for him to handle. He decided to drop the suit.

What a Jack Ass. . . . Really!

A Montana man has sued media giant Viacom, saying the MTV show "Jackass" plagiarized his name, infringed on the trademark and copyright o his name and defamed his good character.

The plaintiff's name is Jack Ass. That's right, that is now his legal name. He changed his name from Bob Craft to Jack Ass in 1997, he says, in order to raise awareness about the dangers of drunken driving.

"Jackass," which premiered on MTV in 2000, features a group of guys performing ludicrous and sometimes dangerous stunts. It was made into a movie in 2002.

In the suit against Viacom, which owns MTV, Jack Ass claims the conglomerate "is liable for injury to my reputation that I have built and defamation of my character which I have worked so hard to create."

This Jack Ass, not to be confused with the TV version, says he changed his name after his brother and a friend were killed in a single-vehicle car accident several years ago. He now works to promote responsible choices and designated-driver programs.

He claims that "Jackass" committed "trademark and copyright infringement on my legal name" and on a cartoon character, called Andi Ass, that he created to help spread his message.

The Jack Ass wanted at least $10 million in damages.

Beware - Topless Bar Ahead

In 1996, Florida physical therapist Paul Shimkonis sued his local nudie bar claiming whiplash from a lap dancer’s large breasts. Shimkonis felt he suffered physical harm and mental anguish from the breasts, which he claimed felt like “cement blocks” hitting him. Shimkonis sought justice in the amount of $15,000, which was denied.

Best Buy Sued for $54M Over Lost Laptop

MINNEAPOLIS —  A woman is suing Best Buy for $54 million because she claims the consumer electronics retailer lost her laptop while it was in for repairs and tried to cover up its disappearance.

"It's a ridiculous number," admitted Raelyn Campbell, 37, of the $54 million figure. "I had to come up with a number that was significant enough that might force them to pay attention to me."

In her lawsuit filed Nov. 16 in Washington Superior Court, Campbell also claims the Richfield-based company failed to immediately notify her of the possibility of identity theft. She wants Best Buy Co. Inc. to change its practices and ensure customer privacy protection in the future. She is seeking punitive damages, plus the cost of her computer and expenses for identity theft protection.

Read full story [Fox News]

Outrage At Skier For Suing 7-Year-Old Boy

60-Year-Old Pa. Man Who Says Boy Skied Into Him Gets Angry Phone Calls, E-Mails

People upset over a man who sued a 7-year-old boy over a ski collision have subjected him and his wife to "an electronic tar and feathering," their lawyer said.

David Pfahler and Marlene Ambrogio left their Allentown, Pa., home for the holidays because angry people tied up their phone lines with repeated, automated calls since news reports of the lawsuit, attorney Jim Chalat said.

Some sent angry e-mails and calls to Chalat's Denver law firm, while others called Reader's Digest, where Pfahler works, and demanded he be fired, the Rocky Mountain News reported.

Pfahler sued Scott Swimm, now 8, of Vail and his father, Robb Swimm, in federal court in September. They said Scott, then 7, skied into Pfahler, 60, at Beaver Creek in January.

Scott's parents, Susan and Robb Swimm, told the Los Angeles Times Pfahler had earned the public outrage.

"People are really angry about this, and they should be," Susan Swimm said. "What kind of a message are we sending to our children if we're just going to turn around and sue after an accident on a ski slope?"

Read full story [CBS News]

Ski-suit plaintiff seeks gag order

An attorney for a man suing an 8-year-old boy for injuring him in a ski accident at Beaver Creek asked a Denver federal judge on Tuesday to impose a gag order on the child's parents.

"The defendant's media disclosures have created such substantial negative media coverage concerning the plaintiffs and their claims that the plaintiffs will be unable to have a fair trial," says a motion filed by David J. Pfahler's attorneys.

Pfahler, 60, of Pennsylvania sued Scott Swimm in September seeking compensation for physical therapy and other expenses stemming from the accident in January.

Read full story [Denver Post]

Here are some more wacky labels for you. . .

On an American Airlines packet of nuts
Instructions - open packet, eat nuts

A warning on a pair of shin guards manufactured for bicyclists
Shin pads cannot protect any part of the body they do not cover

Warning on an electric router made for carpenters
This product not intended for use as a dental drill 

On a hair dryer
Do not use in shower

On Marks & Spencer bread pudding
Product will be hot after heating

Warning on fireplace log
Caution - Risk of Fire

On some frozen dinners
Serving suggestion: defrost

On a hotel provided shower cap
Fits one head

On Nytol Nighttime Sleep-Aid
Warning: May cause drowsiness

Warning on a cartridge for a laser printer
Do not eat toner

'Danger 'Avoid Death' Warning label Contest Winner

DETROIT (AP) — Words to live by, from a warning label on a small tractor: "Danger: Avoid Death." That warning was selected Wednesday as the winner of the 11th annual "Wacky Warning Label Contest," sponsored by Michigan Lawsuit Abuse Watch. The contest is part of an effort to show the effects of lawsuits on warning labels.

Kevin Soave of Farmington Hills, a Detroit suburb, won the $500 grand prize for submitting the tractor's "Danger: Avoid Death" label.

The $250 second place was given to Carrianne, Jacob and Robby Turin of Greensburg, Pa., for a label they found on an iron-on T-shirt transfer that warns: "Do not iron while wearing shirt."

Richard Goodnow of Lancaster, Mass., earned the $100 third-place prize for a label on a baby stroller featuring a small storage pouch that warns: "Do not put child in bag."

Contest organizer Bob Dorigo Jones says the silly labels reflect how broken America's civil justice system is.

Read full story [The Associated Press]

Lakefront Brewery Target Of Unlikely Lawsuit

MILWAUKEE - Just days after a Washington D.C. judge lost his job following the loss of a $54 million lawsuit over a pair of missing pants, a Milwaukee business is being sued in what legal observers describe as an equally frivolous case.

A Florida man, Olester Duncan, has named a handful of breweries including Milwaukee’s Lakefront Brewery seeking damages after he got knocked in the head with a can of Schlitz Malt Liquor.

Duncan claims he was reaching for a four-pack of the brew at an Albertson’s grocery store in Ocala, Florida, when one can came loose and hit him in the skull.

Although Lakefront Brewery is named as a defendant, there is no explanation in court documents why Mr. Duncan believes Lakefront is responsible.

“I don’t know what his injuries were,” said Lakefront’s attorney, Don Demet. “But maybe he got hit in the head and there were injuries to his thought process or something.”

TODAY’S TMJ4 placed numerous calls to Mr. Duncan’s attorney, Dennis L. Finch, but none of those calls was returned.

Read full story [todaystmj4.com]