Yesterday I wrote about not-so-frivolous lawsuits that McDonald’s has faced in the past. Nevertheless, some will still argue that it’s the “personal responsibility” of McDonald’s customers to protect themselves against scalding hot coffee served at temperatures as high as 190 to 250 degrees—hot enough to cause third degree burns. I’m not sure how it becomes the “personal responsibility” of McDonald’s customers to know that there are pockets of scalding hot grease in their fried chicken sandwiches that could burst all over their lips, but that’s another issue that will thankfully go to court. One thing I want to know is where is the corporate responsibility? I find it interesting that so many consumers are quick to jump all over other consumers for failing to take “personal responsibility” for themselves until they need a lawyer to protect their rights.
For those tort-reformers out there who think they know a “frivolous lawsuit” when they see one, you haven’t seen anything yet. Forget the McDonald’s cases where real people were injured, Lindsay Lohan takes the cake for frivolous lawsuits. You’ve probably seen those E*Trade Commercials with Frank the baby and his friends. Those commercials are hilarious, but it seems Lindsay just didn’t get the punch line.
Funny, right? Well Lindsay, with her larger-than-life-size ego, has filed a $100 million lawsuit against E*Trade Financial Corporation, alleging that the baby used in the ad improperly “invoked her likeness, name, characterization, and personality” without permission, which violates her rights to privacy. Lohan filed the lawsuit in state court in Nassau County, NY and seeks $50 million in compensatory damages and $50 million in exemplary damages. She also demanded that E*Trade stop running the ad and turn all copies over to her. According to her lawyer, Lindsay thinks her name is synonymous with Oprah or Madonna. Pretty ridiculous since the name is pretty popular for baby girls in this country. So don’t tell me about frivolous lawsuits—it appears you haven’t seen anything yet.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.