Category:
Lawsuits

Girl Scouts File Suit

The most controversial poster of 1969, which prompted the Girl Scouts to file suit. Although a judge threw out the case, citing no evidence that the organization had suffered any damages.

Read the lawsuit: GIRL SCOUTS OF U.S. OF A. v. PERSONALITY POSTERS MFG. CO.

source: Vintage Girl Scout



Clarksville Leaf-Chronicle - Aug 6, 1969



Austin American - Oct 10, 1969

Posted By: Alex - Tue Oct 09, 2018 - Comments (6)
Category: Lawsuits, 1960s, Pregnancy

Are Crunchberries real?

A classic, weird lawsuit from 2009. As summarized by legalinfo.com:

The plaintiff, Janine Sugawara, says shes bought the Cap’N'Crunch with crunchberries because she thought crunchberries were real fruit. She subsequently learned that the “berries” were actually nothing more than brightly colored cereal balls, and that the cereal contained no real fruit.
She sued on the grounds that the cereal advertised falsely. She reported that she was suing for herself, and every other consumer that had been “tricked” by the cereal company. According to the complaint, Sugawara and other consumers were misled not only by the use of the word “berries” in the name, but also by an image on the front of the box, which features the product’s namesake, Cap’N'Crunch, aggressively “thrusting a spoonful of ‘Crunchberries’ at the prospective buyer.” The plaintiff brought claims for fraud, breach of warranty, and the California Unfair Competition Law and Consumer Legal Remedies Act.

Long story short, the judge didn't buy her argument. You can read the full decision here (pdf).



Posted By: Alex - Sat Sep 29, 2018 - Comments (5)
Category: Lawsuits

A great moment in criminal defense

"The mere fact that you're holding up McDonald's with a gun doesn't mean you give up your right to be protected from somebody who wants to shoot you."
-Attorney for Timothy Ray Anderson who was shot by a security guard while robbing a McDonald's in 1991.

I'm curious to know what happened to Anderson's case, but haven't been able to find any follow-up about it.

Wisconsin State Journal - May 29, 1993

Posted By: Alex - Mon Sep 24, 2018 - Comments (6)
Category: Crime, Lawsuits

A quarter pounder, hold the cheese

Cynthia Kissner and Leonard Werner have filed a class-action lawsuit against McDonald's, complaining that the cost of a Quarter Pounder without cheese is the same as it with cheese.

As people who like their Quarter Pounders without cheese, they feel ripped off and are asking for $5 million in damages.

Read their complaint here.

More info here.

Posted By: Alex - Tue Jun 26, 2018 - Comments (4)
Category: Lawsuits, Junk Food

Takes $1.95 Dispute to Supreme Court

During the gasoline shortage of 1979, New York state ordered a $7 minimum purchase of gas at stations, to stop people topping up. Frank Makara's tank would only hold $5.05 woth of gas, but he had to pay the full $7 minimum anyway. Outraged, he sued the BP station that charged him the $7, and took his suit all the way to the supreme court... which refused to hear the case. He ended up spending over $100 to try to recover $1.95.

According to the online inflation calculator I ran the numbers through, $1.95 in 1979 has the same purchasing power as $7.18 in 2017. So, even in today's money, not worth going to court over. Unless you're a stubborn old goat for whom the principle is worth more than the money spent on court fees.



White Plains Journal News - Apr 21, 1981

Posted By: Alex - Thu Nov 16, 2017 - Comments (7)
Category: Lawsuits, 1980s

Cry of ecstasy or yell of pain?

November 1949: Mrs. Valerie Humphries accused artist Rodney Roth of biting her bare midriff during a Halloween party — so hard that she yelled out in pain. Roth didn't dispute the bite but insisted that the sound she made was actually a "cry of ecstasy." The judge ruled in favor of Mrs. Humphries.

Arizona Republic - Nov 26, 1949

Posted By: Alex - Sat Feb 04, 2017 - Comments (3)
Category: Noises and Other Public Disturbances of the Peace, Lawsuits, 1940s

Thought she could fly like Batman

On January 28, 1966, Erma Veith was driving along Highway 19 in Wisconsin when suddenly she veered out of her lane and sideswiped an oncoming truck driven by Phillip Breunig.

Breunig later sued for damages, but Mrs. Veith's insurance company offered an unusual defense. It said she wasn't negligent and therefore not liable because she had been overcome by a mental delusion moments before swerving out of her lane. She hadn't been operating her automobile "with her conscious mind."

The insurance company lost the initial case, but appealed, and eventually the dispute ended up before the Supreme Court of Wisconsin (Breunig v. American Family Insurance Co.). There, the court heard the nature of the mental delusion that had gripped Mrs. Veith:

The psychiatrist testified Mrs. Veith told him she was driving on a road when she believed that God was taking ahold of the steering wheel and was directing her car. She saw the truck coming and stepped on the gas in order to become airborne because she knew she could fly because Batman does it. To her surprise she was not airborne before striking the truck but after the impact she was flying.

Actually, Mrs. Veith's car continued west on Highway 19 for about a mile. The road was straight for this distance and then made a gradual turn to the right. At this turn her car left the road in a straight line, negotiated a deep ditch and came to rest in a cornfield. When a traffic officer came to the car to investigate the accident, he found Mrs. Veith sitting behind the wheel looking off into space. He could not get a statement of any kind from her.

The court ultimately agreed with the insurance company that a sudden mental incapacity might excuse a person from the normal standard of negligence. It noted that a Canadian court had once reached a similar conclusion: "There, the court found no negligence when a truck driver was overcome by a sudden insane delusion that his truck was being operated by remote control of his employer and as a result he was in fact helpless to avert a collision."

But the Wisconsin Supreme Court then ruled that this excuse didn't apply in Veith's case because she had had similar episodes before. Therefore, she should have reasonably concluded that she wasn't fit to drive.

This case has become an important precedent in tort law, establishing the principle that you can't use sudden mental illness as an excuse if you have forewarning of your susceptibility to the condition.

The case is such a classic that in an issue of the Georgia Law Review (Summer 2005) it was even described in verse:

A bright white light on the car ahead,
Entranced Erma Veith, so she later said.
Pursuing that light, a miracle did unfold:
Of Erma's steering wheel, God took control.
Under the influence of celestial propulsion,
Erma now operated by divine compulsion.
She met a truck, and responded in scorn:
She hit the gas, so she'd become airborne.
Why, Erma, would you seek elevation?
"Batman!" she replied, "my inspiration!"
Moreover, at trial, other evidence of panic:
She had previously invoked the Duo Dynamic.
Once to her daughter, she had commented:
"Batman is good; your father is demented."
The law held sympathy for Erma's plight:
After all, mankind has long yearned for flight.
Soaring above, slipping gravity's attraction,
Many have aspired to that satisfaction.
Still, the law cautioned, the limits were great:
"Was Erma forewarned of her delusional state?"
On this issue, the evidence appeared strong:
"She had known of her condition all along."
She experienced a vision, at a shrine in a park:
When the end came, she would be in the Ark.
Indeed, she would assist, in sorting them out:
Those to be saved, and those not devout.
Knowing all this, said the court in conclusion,
She might well expect, she'd suffer delusion.
In her condition, a state most bizarre,
Erma was negligent, to drive a car.
And to Erma, a lesson of universal appeal:
"Nothing can emulate the Batmobile!"

Posted By: Alex - Thu Sep 15, 2016 - Comments (5)
Category: Law, Lawsuits, 1960s

Cable Car Nymphomaniac

In my latest article over at About.com, I tell the story of the 1970 Cable Car Nymphomaniac lawsuit — which is still one of the most infamous legal cases in SF's history (and was recently made into a musical).

Posted By: Alex - Fri Apr 29, 2016 - Comments (8)
Category: Lawsuits, 1970s

Controlled by Pineapple Soda

1947: Once Minerva Elagan had accepted a pineapple soda from Rev James Chambers (Chalmers?), she was under his influence forever.

The Daily Standard (Sikeston, Missouri) - Oct 17, 1947



The Cincinnati Enquirer - Sep 18, 1947

Posted By: Alex - Fri Apr 15, 2016 - Comments (13)
Category: Lawsuits, 1940s

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Alex is the creator and curator of the Museum of Hoaxes. He's also the author of various weird, non-fiction books such as Elephants on Acid.

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