Finally, an ounce of legal sanity
The 4th District Court of Appeals in my hometown of Santa Ana, Calif., has upheld a lower court ruling against Michael Cohn, who sued the Los Angeles Angels and one of their sponsors claiming the team's Mother's Day tote bag promotion in 2005 was discriminatory towards adult males and juveniles.
Wow, a legal ruling that made headlines and actually makes sense. Cohn is a local character who has made a habit of filing these kinds of suits, something the court took into consideration in its ruling.
"We are not convinced the Angels' tote bag giveaway was in anyway unreasonable, arbitrary, or invidious discrimination," the court wrote. "Cohn's complaint gathers further suspicion because Cohn, his friends, and his counsel have been involved in numerous of what have been characterized as 'shake down' lawsuits."
Here's the news story from the Orange County Register.
I wrote about this at the time the suit was filed, blasting Cohn for making a mockery of a legitimate anti-discrimination statute in California and showing disrespect to all of the real victims of racial and gender discrimination.
Personally, I think something has to be done to stop people from clogging up the court system with frivolous lawsuits, especially those that are little more than a form of legal extortion. There should be a stiff civil penalty levied by the courts on both plaintiffs and lawyers who file cases like this.
Oops, never mind. I just spilled some hot coffee on my own lap on my way out of McDonalds. Somebody's going to pay for this!






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Comments
Pete What do you make of the indifference shown to the orioles starting rotation this offseason? I am at a loss to come up with a worst rotation in the league.Given that this could not possibly be an oversight by macphail what do you believe his plan is?
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Pete's reply: Tex is blocking out the sun right now, but MacPhail and his staff are still working on other stuff. It just isn't front and center.
Posted by: Christopher Stallings | December 22, 2008 6:02 PM
Michael Cohn
USC Class of 88
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Pete's reply: Really? Then maybe he needs the money to pay off his student loans.
Posted by: eric | December 22, 2008 6:33 PM
Rots o' ruck doing away with frivolous lawsuits. The party of John McCain has tried that before, but the party of Obama wouldn't allow that. Why take away the chance for some poor schmuck (no pun intended) to get rich from some minor event that would otherwise be handled with a polite "I'm sorry", or "I'm sorry you're stupid". Tort reform is much needed in this country. I agree, a heavy penalty for frivolity, But then the O's would pay a big penalty for last year's starting rotation!
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Pete's reply: You are correct, sir!
Posted by: Rick Shaw | December 22, 2008 6:48 PM
Its funny the article mentioned hot coffee and McDonalds. The media misportrayed that case then and still does today. That 80 something year old lady had to have over 75 skin graft surgeries because McDonald's coffee was intentionally overheated to an extremely scalding level b/c execs decided at a company meeting that it smelled better that way, brought in more customers. In addition, lots of people had been scalded before that old lady and McDonalds was well aware their coffee was injuring people because it was insanely hot. Remember you'd have to wait like an hour to drink your coffee if you got it from there? Finally, while the old lady got a huge award from a jury (it was in the multi millions), the judge in the case used his discretion to reduce the award to just enough to pay her medical costs.
In case you're wondering, I still go to Mickey D's. That 99 cent double cheeseburger is just too good a deal when you're in a hurry.
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Pete's reply: I'm aware of the case and and I still think it was ridiculous. The woman was holding the coffee between her legs in the passenger seat of a car and spilled it on herself while trying to put cream in the cup. McDonalds was held liable because it was their policy to serve coffee at 185 degrees. The last time I looked, the way you make coffee is by heating water to 212 degrees and letting it percolate through coffee grounds. That means it's 212 degrees at the outset if it's made properly. Any hotter and it becomes steam. I've never met anyone who ordered coffee and didn't want it to be hot. The argument about McDonalds keeping it too hot obviously worked, but it's a lot like saying that the oil company knew that gasoline would burst into flames if I threw a cigarette into it, but they negligently made it combustible anyway.
Posted by: Almost Former | December 22, 2008 7:42 PM
Why does this case exemplify why tort reform is needed? The court got it right and the court already has the power to order attorneys fees and punitive damages against the losing party for filing the frivilous lawsuit. And why are we talking about this anyway? I like sports!
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Pete's reply: Because I wanted to follow up on something I wrote a column about. You're obviously a lawyer -- or play one on TV -- so you know the courts almost never order the losing plaintiff to pay the fees of the big-pocket defendant.
Posted by: Almost Former | December 22, 2008 7:55 PM
Why would you bash torts stick to sports. There are a few guys out there that keep the barbarians at the gates . They make sure the common man gets a shot. The next time your loved one is maimed by the texting train engineer , who you going to call, Pete? Mr. Bob
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Pete's reply: It isn't an all or nothing equation. If you get run over by a drunk engineer, there's nothing frivolous about that case. And, since this is my blog, I'll stick to anything I damn well please.
Posted by: mr.Bob | December 22, 2008 8:45 PM
You're right, they almost never order the losing plaintiff to pay the fees, but doesn't that just mean we need to elect and appoint better judges who will?
And remember Peter, the rules of law are made for the least sophisticated consumers, not someone as brilliant and quick-witted as yourself. While little old lady definitely bears some of the fault, that doesn't let McDonald's off the hook. But your arguments are pretty good, that's why the judge overruled the jury's big award.
I'm no lawyer, but I did stay at a Holiday Inn Express last night.
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Pete's reply: Fair enough. I'm not a lawyer-basher. Got too many in the family. But I am a personal responsibility guy. I've done some stupid things like that myself, but never thought to sue anyone.
Posted by: Almost Former | December 22, 2008 9:44 PM
Pete: Couldn't agree more. Our legal system has nothing that a "loser pays" mentality wouldn't solve. If that were the norm in this country, we wouldn't have an ambulance chaser as our baseball team owner. If that alone isn't an indictment of our system, what is?
Posted by: BA Ray | December 22, 2008 9:48 PM
Not to retry this case, Pete, but the next time you make yourself a cup of coffee at home, take its temperature. Unless you have a steamer yourself, it's probably more like 140 degrees.
I'm totally with you on people who habitually file frivolous lawsuits -- but this wasn't one.
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Pete's reply: To be honest, I don't drink coffee. Too dangerous.
Posted by: Jeffrey Smith | December 22, 2008 11:26 PM
Please cover sports. Please?
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Pete's reply: It was sports. The guy sued the Angels.
Posted by: Andrew | December 22, 2008 11:36 PM
All we need is a "loser pays" system similar to some European countries. Problem would be solved virtually overnight.
I love all the lawyers above saying that it wasn't frivolous and that it should be up to the courts to decide what is frivolous. After all, the lawyers get paid regardless.
Posted by: Ferg | December 22, 2008 11:40 PM
Another column I read somewhere recently suggested the perfect solution to the problem of frivolous lawsuits: Loser pays. Just like in a bar bet. In places where this has been tried, frivolous lawsuits have virtually dried up. Ah, some say, but what about the person who can't afford high-priced legal help but still has a valid case? Well, if he has a valid case and wins, loser pays. Problem with this idea is, none of those places where it's been tried have been in the good ol' US of A. They're all overseas, where lawyers aren't as much in control of life as they are here.
Posted by: Kevin | December 23, 2008 12:01 AM
Pete,
Keep up the good work in monitoring the trial lawyers. It is good practice for understanding what ails the Orioles, starting with the fact that Peter Angelos is the owner. Indeed, the last three principal owners of the O's have been lawyers, (although Eli Jacobs had a strong business background and has distinguished himself in many fields.)
Perhaps if you, or someone, had written enough sarcastic articles about abuse by trial lawyers, Angelos would never have accumulated enough silly money to enable him to buy and ruin the Orioles.
With that conclusion in view, I can only urge you on to stronger attacks on the plaintiff's bar, in hope that the next would-be Angelos won't be able to afford a baseball team, and it will therefore fall into the hands of a non-lawyer, someone like Steve Bisciotti.
Posted by: Dequincey | December 23, 2008 1:37 AM
Peter- If only everyone was Republican. People would actually work for a living and not look for handouts. TORT REFORM.
ROMNEY- Guliani 2012 !!!!
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Pete's reply: OK, we've now officially jumped ths shark with this item.
Posted by: Ryan | December 23, 2008 2:42 AM
Well, after speaking up for a plaintiff (Pete, the "stupid things" you and I have done have not caused us severe injuries with severe medical bills), let me speak up for a lawyer: Peter Angelos made a fortune in the asbestos case, after other lawyers passed on it because it was a guaranteed loser, and Angelos took it on merely as a favor to the construction unions -- not because he saw it as easy money.
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Pete's reply: Well, actually I have suffered a couple of pretty severe injuries because (a) I was stupid and (b) somebody else didn't anticipate that I would be that stupid. I still figured it was my fault.
Posted by: Jeffrey Smith | December 23, 2008 3:00 AM
Just when I wanted to sue the O's and Angelos' for discriminating against fan's who love baseball for putting inferior products on the field for those who don't know the difference , you want to unclog the court system, "Thanks Pete"!
Posted by: Mike B | December 23, 2008 4:04 AM
Jeffrey Smith,
Yes it was a frivolous lawsuit, it was her fault she spilled the coffee.
ENOUGH ABOUT POLITICS, THIS IS A SPORTS BLOG!!!!!!!
Posted by: Doc Kearns | December 23, 2008 9:10 AM
I would help you but i'm afraid if i do something wrong you'll sue me. Instead i'll just sit back and watch you suffer.
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Pete's reply: That case in California is really sad, both for the person who was paralyzed and the guy who tried to help.
Posted by: Eric | December 23, 2008 12:05 PM
For the life of me and given the way the Tex thing has progressed, I cannot understand why the Orioles have not increased their offer!!!!
DC? How can you let that happen???
At least go down swinging. He is there for the taking it seems, albeit at funny money prices. What is the difference between 140-180 mil at this point? Were they scared that he might shock us and say yes if we gave a competitive offer?? Yikes!!! We can't pay that!!!
Truly lame effort which shows they didn't want him in the 1st place. I truly believe the fans would feel much better about going the ballpark or watching on tv if the Orioles went for it and actually signed a marquee player. You kinda need at least one on your team, don't you???? Or perhaps, he had no intention of signing here in the 1st place because of how much we really stink. Can't blame him for that. But if he was truly interested, shame on the Orioles for the leave it there-while flies hover over putrid offer.
The place is a tomb, an embarassment to watch on any week night. Give the people something to watch. Disgusting.
Lame, truly lame "effort". Do they ever look at the Ravens and say we gotta compete for the fans of Baltimore. The Ravens own the town.
Even that doesn't move them to action to improve the club and attract fans.
It is also so disgusting if he signs with the Nationals and they pay him out the proceeds from Angelos's dream baby, MASN. You'll be watching him in the market all the time. Nice. Which is worse signing with the Red Sox and winning or signing with the Nationals, who stink. Just not as much as we do?
Pityful and pathetic.
Go Ravens!
Posted by: Blackbird | December 23, 2008 12:20 PM
HUD and their sponsored "Housing Advocates" are notorious for it. And we taxpayers subsidize it!
The Mother of All Frivolous Discrimination Lawsuits
http://stategonecrazy.com/
Posted by: Sal | January 22, 2009 9:28 AM