Regular readers may remember our Doofus Of The Day #223. The award went to a lady (?) in California who sued the makers of Crunchberry cereal, on the grounds that there were no real Crunchberries in it. The judge dismissed her lawsuit.
Well, there's a sequel. It seems the lady (?) in question didn't want to take 'No!' for an answer; so she appealed the judge's ruling. Unfortunately, she appears to have chosen counsel who might also qualify for their very own Doofus award . . . they forgot to file a brief with the Ninth Circuit Court. As a result, her appeal was dismissed.
While all this was going on, another California plaintiff, a gentleman (?) named Roy Werbel sued Kellogg USA because their Froot Loops cereal didn't contain real 'froot'. His lawsuit was dismissed because he didn't serve the defendants properly. Undeterred, he's re-filed his lawsuit, and the case is now pending.
What is it with doofidical California plaintiffs? They surely can't expect to succeed with such frivolous lawsuits . . . or can they?
Peter
Yes they can!
ReplyDeleteActually, I think they're just hoping to get some traction, and maybe get a few hundred thousand to drop it. Or it's just like a lottery ticket, if they win it's a payoff big enough to make it worth their time. And their time probably aren't worth much anyway, or they'd have better things to do.
If I were Kellogg I'd argue that the recipe for the cereal is called "Froot" and then file a slander lawsuit against him for claiming the box is empty... Might be expensive to do so, but if you win you probably wont see any more frivolous lawsuits.