Apple, Jobs, AT&T sued over iPhone price cut, rebates

[Hondamaker]

From appleinsider.com:

"In the suit, filed Sept. 24 in the United States District Court for the Eastern District of New York, Queens resident Dongmei Li accuses the parties of price discrimination, underselling, discrimination in rebates, deceptive actions, and other wrongdoings for their role in the Sept. 5th price drop on iPhone, which saw the handset's price tag slashed an unprecedented $200 (http://www.appleinsider.com/articles/07/09/05/apple_slashes_8gb_iphone_price_to_399_4gb_model_to _fade.html) less than two months after its debut..."

More here---->http://www.appleinsider.com/articles/07/09/28/apple_jobs_att_sued_over_iphone_price_cut_rebates. html

[aknightstale41]

What a joke this suit is, it will be thrown out before you can say " mr watson, can you hear me".
Aww she didnt get the 8 gig phone cause they were sold out, well guess what miss piggy, its called waiting till they get more in.
Heres hoping she gets wiped out in lawers fees, and cant pass go and collect 200, and loses all her hotels and has to mortgage her railroads.
Oh yea and goes to jail. So there. Lol

[geordisjd]

From appleinsider.com:

"In the suit, filed Sept. 24 in the United States District Court for the Eastern District of New York, Queens resident Dongmei Li accuses the parties of price discrimination, underselling, discrimination in rebates, deceptive actions, and other wrongdoings for their role in the Sept. 5th price drop on iPhone, which saw the handset's price tag slashed an unprecedented $200 (http://www.appleinsider.com/articles/07/09/05/apple_slashes_8gb_iphone_price_to_399_4gb_model_to _fade.html) less than two months after its debut..."

More here---->http://www.appleinsider.com/articles/07/09/28/apple_jobs_att_sued_over_iphone_price_cut_rebates. html

Another idiot that has nothing better to do with his time. It won't work.

[Joon]

I agree with you guys, but you never know. Think about it. If apple throws 50,000 to shut him up and get the case dropped, how great does he come out on top? I am not saying it is going to happen, but you never know.

[Lincoln]

$1M?
Nothing will be made of this.
Just another idiot trying to work some money out of people for nothing. What a joke.

[scandalex]

I agree with you guys, but you never know. Think about it. If apple throws 50,000 to shut him up and get the case dropped, how great does he come out on top? I am not saying it is going to happen, but you never know.

Reminds me of the woman who sued McDonalds because SHE was dumb enough to spill hot coffee on herself. Bet she would have been mad and sued if the coffee had been cold. :angry:

[webb]

Its lawsuits like these that poison any attempt at real/actual lawsuits from being taken seriously.

Waste of time!

FW

[tharmsen]

Good old American gluttony on parade again. The poor baby didn't get what he wanted, when he wanted so now he wants 1M for what... pain and suffering?

It will get tossed out and I hope his lawyer sticks him with a nice fat bill for his troubles.

[diesel]

Reminds me of the woman who sued McDonalds because SHE was dumb enough to spill hot coffee on herself. Bet she would have been mad and sued if the coffee had been cold. :angry:


ummmm........didn't she win that one?

and as a result.............most will now spell out on the cup of coffee......something along the lines that it is hot.........

what we really need is to implement the UK process of lawsuits, that is if you initiate a lawsuit and lose, not only do you pay your own legal fees but all the fees of the party that you are suing. This would discourage frivolous lawsuits

[Doby45]

ummmm........didn't she win that one?

She did win, but it was later repealed. All she accomplished was getting copanies that serve hot beverages to put a "hot beverage" warning on the container.

[kdarling]

Reminds me of the woman who sued McDonalds because SHE was dumb enough to spill hot coffee on herself. Bet she would have been mad and sued if the coffee had been cold. :angry:

You mean the 79 year old who " was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent.[9] She remained in the hospital for eight days while she underwent skin grafting. Two years of treatment followed."

http://en.wikipedia.org/wiki/McDonald's_coffee_case

Third degree burns and skin grafting takes it to a different level, especially if it had been my mother or grandmother.

It also turned out that McD's had paid out a half million previously to other burn victims, but wouldn't pony up for her expenses.

[z28black98]

You mean the 79 year old who " was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent.[9] She remained in the hospital for eight days while she underwent skin grafting. Two years of treatment followed."

http://en.wikipedia.org/wiki/McDonald's_coffee_case

Third degree burns and skin grafting takes it to a different level, especially if it had been my mother or grandmother.

It also turned out that McD's had paid out a half million previously to other burn victims, but wouldn't pony up for her expenses.

yep shes the one. She was the idiot who spilled it on herself. Was she expecting the coffee to be cold? Last time I checked, Mcdonalds just recently started selling "iced premium roast coffee". Shame on her for her own stupidity and negligence and suing mcdonalds.

[mjeagent]

I seriously doubt it will get thrown out. More likely what will happen is Apple will keep the suit ongoing until the complaintant can no longer afford to continue the litigation. I have seen/used this method numerous times and it rarely ever fails. Apple will file motion after motion. Forcing the complaintant to secure adequate legal representation. If he does so, it will cost a fortune, if he doesn't the suit will go no where and eventually will be withdrawn by the complaintant.

[webb]

What we need in this country / world is extreme darwinism. Survival of the fittest. Stop putting warnings on things and let the people systematically weed themselves out.

I know this forum is comprised of intelligent, smart people. When we buy a cup of coffee we know it will be very hot. Who drinks cold coffee (unless its iced coffee from Dunkin')? If we go to a store and they are out of what we want....we go to another store or wait for a shipment...we don't sue!

If we weed out these morons the world might be a better place. Although, these frivolous lawsuits are probably just a direct result of the human gene pool being heavily diluted.

Ah! What are you gonna do? :angry:

[GoldenAnkh]

I bought a flute a few months ago and recently the new distributor dropped the price by $3000. I never even thought to file a lawsuit. Stuff happens, and I still have an AMAZINGLY awesome flute!

[tharmsen]

I bought a flute a few months ago and recently the new distributor dropped the price by $3000. I never even thought to file a lawsuit. Stuff happens, and I still have an AMAZINGLY awesome flute!
I have an amazing flute too!

http://www.drbongs.co.uk/images/WEB-T-SHIRTS-BLack-the-man.jpg

Hehe.

[Maahu]

The actual suit of the text is amusing in many places:

http://www.computerworld.com/pdfs/editorial/LivAppleJobsAT&T.pdf

I particularly like the paragraph 57 that presents how the the plaintiff "suffers substantial injury" and paragraph 66 that calls AT&T's 2-year contract "unfair and deceptive."

Remember when you signed up for service? How many times did they tell you you're committing to a 2-year agreement before you sign? While she's at it, why doesn't she sue her English teacher and school district for not making her fully conversant in the language?

[Youngbinks]

This lawsuit is

http://i126.photobucket.com/albums/p91/youngbinks/Ridiculous.gif

[nobbie]

Loser Pays is the answer to frivolous lawsuits!

Also, legal fees are often footed by the ambulance chasers themselves in return for 40% or more of the winnings or settlement.

[webb]

This lawsuit is

http://i126.photobucket.com/albums/p91/youngbinks/Ridiculous.gif


AWESOME!!!!! LMFAO!!!!!!

[nyc_rock]

Loser Pays is the answer to frivolous lawsuits!

Also, legal fees are often footed by the ambulance chasers themselves in return for 40% or more of the winnings or settlement.


The Democrats would never let that happen.

[iPaul]

What we need in this country / world is extreme darwinism. Survival of the fittest. Stop putting warnings on things and let the people systematically weed themselves out.

I know this forum is comprised of intelligent, smart people. When we buy a cup of coffee we know it will be very hot. Who drinks cold coffee (unless its iced coffee from Dunkin')? If we go to a store and they are out of what we want....we go to another store or wait for a shipment...we don't sue!

If we weed out these morons the world might be a better place. Although, these frivolous lawsuits are probably just a direct result of the human gene pool being heavily diluted.

Ah! What are you gonna do? :angry:


GREAT IDEA!

So... is it okay if we stack some of the bodies in your backyard?

[Hondamaker]

yep shes the one. She was the idiot who spilled it on herself. Was she expecting the coffee to be cold? Last time I checked, Mcdonalds just recently started selling "iced premium roast coffee". Shame on her for her own stupidity and negligence and suing mcdonalds.Right on, Kevin, right on!

[Hondamaker]

I have an amazing flute too!



Hehe. LOL!!!!!:laugh2:

[Hondamaker]

What we need in this country / world is extreme darwinism. Survival of the fittest. Stop putting warnings on things and let the people systematically weed themselves out.

I know this forum is comprised of intelligent, smart people. When we buy a cup of coffee we know it will be very hot. Who drinks cold coffee (unless its iced coffee from Dunkin')? If we go to a store and they are out of what we want....we go to another store or wait for a shipment...we don't sue!

If we weed out these morons the world might be a better place. Although, these frivolous lawsuits are probably just a direct result of the human gene pool being heavily diluted.

Ah! What are you gonna do? :angry:Hit the nail on the head with that one. It's a craze that started so many years ago, and is still prevalent today....sue over anything.

[GoldenAnkh]

I have an amazing flute too!

Hehe.

LOL! That is an AWESOME shirt!

[burniksapwet]

ummmm........didn't she win that one?

and as a result.............most will now spell out on the cup of coffee......something along the lines that it is hot.........

what we really need is to implement the UK process of lawsuits, that is if you initiate a lawsuit and lose, not only do you pay your own legal fees but all the fees of the party that you are suing. This would discourage frivolous lawsuits
That is what's happening to one local business here (http://www.sacbee.com/101/story/282068.html#comments_here)which is quite sad.:frown: Bare in mind that they tried everything to accommodate them but the guy wasn't having any of it.

[Tinman]

Nothing beats the "judge" who sued the dry cleaners in Jersey. And although he lost, the owners bailed out of their business anyway. No winners in that one.


HOWEVER, please do not use the McDonald's case as an example of lawsuits run amok. Media widely misreported this case due to its headlines-grabbing nature. The real story was much different:

"79-year old Stella Liebeck and her grandson stopped by a McDonald's drive-through. Liebeck bought a cup of coffee, served in a styrofoam cup. She was sitting in the back seat of the car. When they had pulled out of the driveway, the grandson stopped for a moment so Liebeck could open the lid and put sugar and cream in her coffee (note: I've read several newspaper articles claiming that she was trying to open the cup while driving). The lid was stuck, so she tried to hold the cup with her knees while pulling the lid open with both her hands (which is very understandable, seeing as she's a weak elderly woman). As she removed the lid, the contents of the cup were spilled in her lap.

She was wearing a pair of sweatpants, which absorbed the coffee, and held it next to her skin.

Now, here's the kicker: THE COFFEE WAS NOT HOT.
It was SCALDING.

The coffee was around 85° C (185° F). Normal household coffee is about 60° C (140° F).

The coffee gave her third-degree burns over 6% of her body - her inner thighs, groin and buttocks. She had to be hospitalized for over a week, and had to undergo skin grafting. She had to pay 11,000 dollars for the treatment. And she's still crippled.

Liebeck sought to settle her claim for just her medical bills. McDonald's refused. They actually countered with an offer of 800 bucks.

During discovery, more than 700 claims from other people burned by McDonald's scalding coffee were produced. Many of them had stories similar to that of Stella Liebeck's. Before this was made known, McDonald's representatives lied to the court and jury about the existence of other claims. The claims documented that McDonald's were fully aware of the problem and its extent.

McDonald's Quality Assurance Manager also admitted during discovery that their POLICY was to hold their coffee at about 85° C in the pot (give or take a few degrees). This was based on a consultant's advice - he said that it'd maintain optimum taste longer after being taken out of the pot. Any coffee served directly from the pot WOULD in most cases cause burns to mouth and throat, and they knew it. The manager also testified that there is a burn hazard with any food/drink served at above 60° C (140° F), and that McDonald's coffee WAS NOT at all FIT FOR CONSUMPTION. He also testified that McDonald's had no intention to lower their holding temperature.

Other testimony showed that liquids at 85° would cause a full thickness burn to human skin in 2-7 seconds.

The jury awarded Liebeck 200,000 dollars, which was then reduced to 160,000 - the jury found Liebeck 20% at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages. This sounds like a lot of money, but keep in mind that McDonald's makes 1.3 million dollars daily on coffee ONLY.

The trial court reduced the punitive award to $480,000 - or three times compensatory damages - even though the judge called McDonalds' conduct reckless, callous and willful.

Now, this is what really gets to me. The media has constantly said that "This is a sign of how bad things are in the US today blah blah blah people get awarded money for not knowing that you shouldn't spill coffee in your lap blah blah blah lawyers are morons blah blah blah only the newbie journalists check their facts first".

The thing that's REALLY a sign of how bad things are today is the fact that the media can not only lie to the general public, but also keep the truth quiet so effectively that EVEN THOUGH THE INFORMATION HAS BEEN READILY AVAILABLE FOR YEARS, your average John Doe will still think that it was all a clumsy lady taking advantage of a broken system."


--
Mike

[burniksapwet]

Nothing beats the "judge" who sued the dry cleaners in Jersey. And although he lost, the owners bailed out of their business anyway. No winners in that one.


HOWEVER, please do not use the McDonald's case as an example of lawsuits run amok. Media widely misreported this case due to its headlines-grabbing nature. The real story was much different:

"79-year old Stella Liebeck and her grandson stopped by a McDonald's drive-through. Liebeck bought a cup of coffee, served in a styrofoam cup. She was sitting in the back seat of the car. When they had pulled out of the driveway, the grandson stopped for a moment so Liebeck could open the lid and put sugar and cream in her coffee (note: I've read several newspaper articles claiming that she was trying to open the cup while driving). The lid was stuck, so she tried to hold the cup with her knees while pulling the lid open with both her hands (which is very understandable, seeing as she's a weak elderly woman). As she removed the lid, the contents of the cup were spilled in her lap.

She was wearing a pair of sweatpants, which absorbed the coffee, and held it next to her skin.

Now, here's the kicker: THE COFFEE WAS NOT HOT.
It was SCALDING.

The coffee was around 85° C (185° F). Normal household coffee is about 60° C (140° F).

The coffee gave her third-degree burns over 6% of her body - her inner thighs, groin and buttocks. She had to be hospitalized for over a week, and had to undergo skin grafting. She had to pay 11,000 dollars for the treatment. And she's still crippled.

Liebeck sought to settle her claim for just her medical bills. McDonald's refused. They actually countered with an offer of 800 bucks.

During discovery, more than 700 claims from other people burned by McDonald's scalding coffee were produced. Many of them had stories similar to that of Stella Liebeck's. Before this was made known, McDonald's representatives lied to the court and jury about the existence of other claims. The claims documented that McDonald's were fully aware of the problem and its extent.

McDonald's Quality Assurance Manager also admitted during discovery that their POLICY was to hold their coffee at about 85° C in the pot (give or take a few degrees). This was based on a consultant's advice - he said that it'd maintain optimum taste longer after being taken out of the pot. Any coffee served directly from the pot WOULD in most cases cause burns to mouth and throat, and they knew it. The manager also testified that there is a burn hazard with any food/drink served at above 60° C (140° F), and that McDonald's coffee WAS NOT at all FIT FOR CONSUMPTION. He also testified that McDonald's had no intention to lower their holding temperature.

Other testimony showed that liquids at 85° would cause a full thickness burn to human skin in 2-7 seconds.

The jury awarded Liebeck 200,000 dollars, which was then reduced to 160,000 - the jury found Liebeck 20% at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages. This sounds like a lot of money, but keep in mind that McDonald's makes 1.3 million dollars daily on coffee ONLY.

The trial court reduced the punitive award to $480,000 - or three times compensatory damages - even though the judge called McDonalds' conduct reckless, callous and willful.

Now, this is what really gets to me. The media has constantly said that "This is a sign of how bad things are in the US today blah blah blah people get awarded money for not knowing that you shouldn't spill coffee in your lap blah blah blah lawyers are morons blah blah blah only the newbie journalists check their facts first".

The thing that's REALLY a sign of how bad things are today is the fact that the media can not only lie to the general public, but also keep the truth quiet so effectively that EVEN THOUGH THE INFORMATION HAS BEEN READILY AVAILABLE FOR YEARS, your average John Doe will still think that it was all a clumsy lady taking advantage of a broken system."


--
Mike
As always tin, another good post.

[Tinman]

As always tin, another good post.

Thanks, and thanks as well for not getting ticked that I tagged the Micky Dee's stuff onto my reply to you.


--
Mike