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Massachusetts Man Files Class Action Lawsuit over ‘Fake Butter’

  • ‘Time Clock’ Lawsuit Filed Against Starbucks

    Less than four minutes. That’s how long Starbucks estimates it takes for one of its employees to log out and lock up the store each day at closing. But former Starbucks shift supervisor Douglas Troester is the lead plaintiff in a class action case now before the California State Supreme Court. The lawsuit alleges the company should pay him for the time it takes to lock the doors after clocking out at closing. “This case is, at bottom, about the de minimis doctrine. That’s what the California Supreme Court has taken on and is going to decide,” said attorney Blaine Evanson, an expert on wage-and-hour lawsuits. “If an employee works a couple seconds, or a couple minutes, after his scheduled work time, we’re not going to require the employee to pay the employee for that amount of time, if it’s just practically impossible to record that time, or to track it over time.” If Troester’s suit is successful, Starbucks argues, it will overturn decades of precedent and open the floodgates of what it calls “absurd” lawsuits. It will also likely earn Troester’s plaintiffs’ attorney team millions of dollars . . . and, of course, also be one more cost to...

  • Lawsuit from Hell? Metal band members sue ‘satanic’ lead singer, revealing identities to the world

    Many people who have been through the experience of a lawsuit might describe the experience as “hell.” But for one particular lawsuit, that description takes on a whole new meaning. Several former members of the Swedish doom metal band Ghost have filed a lawsuit against the group’s lead singer, arguing that the “unabashed dishonest, greed, and darkness” of the group wasn’t just confined to their dark, heavy music. The group Ghost performs entirely in costume with the lead singer, known publicly as Papa Emeritus, in the garb of a satanic priest. The other band members – known only as “Nameless Ghouls,” dressed in costumes and mouthless, horned masks. Part of the bands mystique was that their true identities were completely hidden from the public. Completely hidden, that is, until a lawsuit filed by some of the Nameless Ghouls revealed their identities to the world. The litigious Ghouls contend that frontman Papa Emeritus, whose real name is Tobias Forge, “forced them to clean his musty costumes, clashed with them while on tour and financially shortchanged them.” Forge contends that the Ghouls were only musicians for hire, and thus were never a crucial part of the band. The Ghouls are seeking unpaid...

  • Deceived by jelly beans, woman files lawsuit against Jelly Belly

    Expecting to enjoy the delicious treats that former President Ronald Reagan loved so much, a woman has filed a lawsuit against the Jelly Belly company after she accidentally consumed the company’s Sport Beans product. Sport Beans are an exercise supplement produced by Jelly Belly, advertised as containing “electrolytes and vitamins.” But California resident Jessica Gomez says she was deceived about the sugar content of the product, with it containing more sugar than she was expecting. The response from Jelly Belly?  They called the lawsuit “nonsense." Gomez’s lawsuit claims that the product contains “evaporated cane juice,” which Gomez contends is nothing more than a substitute term for sugar used to deceive well-meaning health nuts who still want to eat their Jelly Beans. But, Jelly Belly contends that Gomez couldn’t have possibly read the “evaporated cane juice” on the ingredient list without also observing the nutritional information that discloses total sugar content.  Gomez’s suit alleges “negligent misrepresentation and violations of California’s Consumer Legal Remedies Act, False Advertising Law and Unfair Business Practices Law. She is seeking a trial by jury, damages, restitution, attorneys’ fees and injunctive relief.”

  • OMG: Man sues date for texting during movie

    "Bad first date" stories are very common — but what about stories about first dates that end in a lawsuit? Brendan Vezmar of Austin, Tx., sued a woman who joined him on a first date to see Guardians of the Galaxy, Vol. 2 because she was texting during the film.  The suit sought the cost of the movie ticket … a whopping $17.31. “It was kind of a first date from hell,” he told the Austin American-Statesman. Only a short while into the film, the date began texting on her phone, which Vezman described as “like one of my biggest pet peeves.” According to Vezmar, she used her phone at least 10-20 times in 15 minutes to text and check her messages.  After he asked her to stop, and she refused, the woman eventually left the theater without Vezmar, leaving him to find a ride for himself. When Vezmar called the woman and asked her to reimburse him the $17.31 cost of the movie ticket for providing him with such a disappointing first date, she at first refused.  The CEO of the movie theater, Alamo Drafthouse, even offered a gift certificate for the full cost of a ticket to settle...

  • NBA fan sues because Warriors player injured Spurs star

    Some people take sports very seriously.  But perhaps no one takes it more seriously than San Antonio Spurs fan Juan Vasquez. Vasquez was so incensed that Golden State Warriors’ center Zaza Pachulia injured the Spurs’ Kawhi Leonard in game 1 of the teams’ Western Conference Finals matchup that he’s filed a lawsuit seeking $73,000, and for the court to put a stop to Pachulia’s defensive closeout techniques. If the court even has the ability to govern basketball defensive formations, that is. According to Vasquez’s attorney, “All we are asking from the court is that this type of behavior, that can and does cause serious injury to our team and those that love it, not be allowed in San Antonio,” said Alfonso Kennard, Jr., lead attorney for the plaintiffs. The Spurs’ were swept in the series 4-0.  No idea yet if this ridiculous lawsuit will be swept out of court, but it’s far from a slam dunk.

  • Stemming the Tide of Hailstorm Lawsuits in Texas

    As a lifelong Texan, Cynthia Leal has lived through a lot of hailstorms, but she’ll not soon forget the storm of 2014. The day after the storm, so-called “runners” for plaintiffs’ law firms were knocking on doors in Cynthia’s neighborhood. These “runners” are a type of door to door salesman for plaintiffs firms, recruiting homeowners to sue their insurance companies. “She (the runner) took me outside she said, you see there you see on your roof, that storm caused this,” explained Cynthia. “They showed me pictures of checks, of thousands of dollars. This guy went and he bought a motorcycle, this guy went and he put a pool in his house.” Leal initially declined to participate, but after weeks of persistence she finally agreed to the lawyers offer to help her file an insurance claim. It wasn’t long before she find out she had been taken for a ride. The law firm negotiated an $11,000 settlement — far less than the $40,000 Leal had been told it would cost to repair her roof. For her troubles, Leal would only be offered a few hundred dollars. “I felt like I was pushed into a corner, I didn’t know where to go,...

  • Most Ridiculous Lawsuits of 2017: Episode 2

    15 Year Old Sues Mom for Confiscating his Phone It’s not uncommon for a concerned mother to take certain steps to ensure her child buckles down on schoolwork. That may include taking away television privileges, grounding the kid from going out with friends on the weekend or, these days, confiscating a smartphone. But that latter action landed one Spanish mom in court recently, as her 15 year old son sued her – accusing her of “mistreatment” after she confiscated his phone to make him study. FoxNews.com reports that a Spanish judge sided with the mom, ruling that she was “well within her rights” as a mother to confiscate the phone. Woman Sues Restaurant After Falling off Popular Donkey Statue The donkey statue at El Jalisco restaurant in Tallahassee, Florida is a popular feature for patrons at the Mexican restaurant. It’s so popular, in fact, that patrons have organized a “For the Donkey” Facebook campaign to save the popular statute after one local woman sued the restaurant after she hopped up on the statue and reportedly fell and injured herself. Massachusetts Man Files Class Action Lawsuit over ‘Fake Butter’ Is so-called “fake butter” on your bagel worthy of a lawsuit? A Massachusetts Dunkin'...

  • Lawsuits Cost West Virginia

    As a West Virginia state legislator, Kayla Kessinger is no stranger to the debate surrounding the state’s business and lawsuit climate. "In order to bring jobs into this state, we have to make West Virginia more competitive," Kessinger told Faces of Lawsuit Abuse. "And one of the biggest areas where we're lacking is in tort reform. But for Kessinger, it’s also personal. That’s because her family owns Synergy Sand — a small business that supplies sand to the hydraulic fracturing industry. "When the bottom fell out of coal and we lost the business that we had run for several years, we decided that we wanted to get involved in the natural gas industry, particularly with some of the fracking that's up in the Northern Panhandle and in Wheeling, " explained Kessinger. "When we started to pursue the liability insurance that was required for the company to operate, we were informed that, 'if you were anywhere else in the country, you would be able to get insurance in no time." Because of the state's lawsuit climate, however, the company spent months trying to get the insurance. That, said Kessinger, left her family struggling financially. "Businesses are so afraid to come into West Virginia and invest...

  • Most Ridiculous Lawsuits of 2017: Episode 1

    “Negligent Handshake” Leads to Lawsuit Between Lawyers Call it, perhaps, a handshake disagreement. Two Florida lawyers are meeting in court because of a handshake that one of the attorneys claims left him in “severe pain.” It may sound silly.  But George H. Vallario, Jr., 76, claims that the suit is no joke.  Vallario contends that his friend Peter Lindley, 60, shook his hand so violently hard that it caused him recurring pain.  What’s more, Vallario claims that this lawsuit might even have been avoided if his buddy Lindley had “just apologized.”  Alas, with no apology forthcoming, Vallario is seeking $100,000 in damages for the handshake injury or “as much as [he] can get” for the pain and suffering that was caused by the oppressive handshake. Channeling his internal Jackie Chlies, the famous plaintiffs’ lawyer character from Seinfeld, Vallario called the offending handshake “unexpected, unprovoked, uninvited, unauthorized, uncalled for, and most certainly negligent.” No word yet on if Lindley’s defense will be based on the idea that if “the handshake don’t fit, you must acquit.” Until death, or lawsuit, do us part? A French man is suing the ride-sharing company Uber for ruining his marriage. The accusation? The plaintiff claims that,...

  • Massachusetts Man Files Class Action Lawsuit over ‘Fake Butter’

    If a restaurant provided you with so-called “fake butter” on your bagel after you ordered real butter — would you simply ask for new bagel, or would you file a costly lawsuit? That’s the very choice that faced Jan Polanik of Worcester, MA after he ordered a bagel with real butter at Dunkin Donuts. Polanik, however, chose to file two lawsuits — accusing more than 20 Dunkin Donuts franchises in the state of “putting a butter substitute on his bagels when he ordered real butter.” Interestingly, Polanik’s own attorney hinted at the ridiculousness of Polanik’s decision, telling the Boston Globe that, “Candidly, it seems like a really minor thing, and we thought twice or three times about whether to bring a lawsuit or not." But that didn’t stop them from suing the businesses, dragging them into costly litigation. The class-action suits represented any customer who "ordered a baked product, such as a bagel, with butter, but instead received margarine or butter substitute between June 24, 2012, and June 24, 2016." The franchises and Polanik have reportedly reached a settlement, but details of that deal have not been reported.