rendova
12-10-2007, 07:43 AM
The talk about frivolous lawsuits on another thread prompted me to post some of these actual cases taken from around the world:
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In 2004, Timothy Dumouchel, from Fond du Lac, Wisconsin sued a television company for making his wife fat and transforming his children into “lazy channel surfers”. He said: “I believe the reason I smoke and drink every day and my wife is overweight is because we watched the TV everyday for the last four years”. The case kept at least two of America’s then 1,058,662 lawyers occupied for a while, but did not go to the Supreme Court.
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. In 2004, a German lawyer, Dr Juergen Graefe, acted for an elderly pensioner from St Augustin, near Bonn, who was sent a tax demand for €287 million, even though the woman’s income was only €17,000. Dr Graefe fixed the problem with one standard letter to the authorities, but as German law entitles him to calculate his fee based on the amount of the reduction he obtained, his fee came to €440,234 (£308,000). It will be met by the state. There is no evidence that he pushed his luck by writing a thank-you letter.
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In 2005, Marina Bai, a Russian astrologer, sued NASA for £165 million for “disrupting the balance of the universe”. She claimed that the space agency’s Deep Impact space probe, which was due to hit a comet later that year to harvest material from the explosion, was a “terrorist act”. A Moscow court accepted Russian jurisdiction to hear the claim but it was eventually rejected.
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In 2006, a young man from Jiaxing, near Shanghai, found himself in legal trouble after failing to take advice before putting his soul up for sale on an online auction site. The posting was eventually removed by the auctioneer and the seller was told that the advert would be reinstated only if he could produce written permission to sell his soul from “a higher authority”.
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In 2004, Frank D’Alessandro, a court official in New York, sued the city for serious injuries that he sustained when a toilet he was sitting on exploded leaving him in a pile of porcelain. He claimed $5 million compensation. Reflecting on the demanding physical therapy in which he must now engage every morning before work, D’Alessandro declared: “It’s a pain in the ass to do all this stuff.”
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Cathy McGowan, 26, was overjoyed when a DJ on Radio Buxton told her that she had correctly answered a quiz question and had won the competition prize: a Renault Clio. Ecstasy collapsed into despair, however, when she arrived at the radio station and was presented with a 4-inch model of the car. In 2001, she sued and a judge at Derby County Court ruled that the now defunct station in Derbyshire had entered into a legally binding contract with Miss McGowan and ordered its owners to pay £8,000 for the real vehicle.
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In 2005, Pavel M., a Romanian prisoner serving 20 years for murder, sued God, founding his claim in contract. He argued that his baptism was an agreement between him and God under which, in exchange for value such as prayer, God would keep him out of trouble.
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Sentencing a young woman at the Magistrates’ Court in Port Adelaide, Australia, in 2003, a magistrate said:
“You’re a druggie and you’ll die in the gutter. That’s your choice... I don’t believe in that social worker crap. You abuse your mother and cause her pain. You can choose to be who you are. You can go to work. Seven million of us do it whilst fourteen million like you sit at home watching Days of Our Lives smoking your crack pipes and using needles and I’m sick of you sucking us dry”.
He then concluded:
“It’s your choice to be a junkie and die in the gutter. No one gives a shit, but you’re going to kill that woman who is your mother, damn you to death.”
He gave the woman a prison sentence, unaware that that was unlawful in the type of case in question. Her appeal was successful.
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Professor Gary Slapper is Director of the Centre for Law at The Open University. His new book, How the Law Works, is published by HarperCollins
******************
.
In 2004, Timothy Dumouchel, from Fond du Lac, Wisconsin sued a television company for making his wife fat and transforming his children into “lazy channel surfers”. He said: “I believe the reason I smoke and drink every day and my wife is overweight is because we watched the TV everyday for the last four years”. The case kept at least two of America’s then 1,058,662 lawyers occupied for a while, but did not go to the Supreme Court.
********************
. In 2004, a German lawyer, Dr Juergen Graefe, acted for an elderly pensioner from St Augustin, near Bonn, who was sent a tax demand for €287 million, even though the woman’s income was only €17,000. Dr Graefe fixed the problem with one standard letter to the authorities, but as German law entitles him to calculate his fee based on the amount of the reduction he obtained, his fee came to €440,234 (£308,000). It will be met by the state. There is no evidence that he pushed his luck by writing a thank-you letter.
***************************
In 2005, Marina Bai, a Russian astrologer, sued NASA for £165 million for “disrupting the balance of the universe”. She claimed that the space agency’s Deep Impact space probe, which was due to hit a comet later that year to harvest material from the explosion, was a “terrorist act”. A Moscow court accepted Russian jurisdiction to hear the claim but it was eventually rejected.
*********************
In 2006, a young man from Jiaxing, near Shanghai, found himself in legal trouble after failing to take advice before putting his soul up for sale on an online auction site. The posting was eventually removed by the auctioneer and the seller was told that the advert would be reinstated only if he could produce written permission to sell his soul from “a higher authority”.
***********************
In 2004, Frank D’Alessandro, a court official in New York, sued the city for serious injuries that he sustained when a toilet he was sitting on exploded leaving him in a pile of porcelain. He claimed $5 million compensation. Reflecting on the demanding physical therapy in which he must now engage every morning before work, D’Alessandro declared: “It’s a pain in the ass to do all this stuff.”
**********************
Cathy McGowan, 26, was overjoyed when a DJ on Radio Buxton told her that she had correctly answered a quiz question and had won the competition prize: a Renault Clio. Ecstasy collapsed into despair, however, when she arrived at the radio station and was presented with a 4-inch model of the car. In 2001, she sued and a judge at Derby County Court ruled that the now defunct station in Derbyshire had entered into a legally binding contract with Miss McGowan and ordered its owners to pay £8,000 for the real vehicle.
***********************
In 2005, Pavel M., a Romanian prisoner serving 20 years for murder, sued God, founding his claim in contract. He argued that his baptism was an agreement between him and God under which, in exchange for value such as prayer, God would keep him out of trouble.
***********************
Sentencing a young woman at the Magistrates’ Court in Port Adelaide, Australia, in 2003, a magistrate said:
“You’re a druggie and you’ll die in the gutter. That’s your choice... I don’t believe in that social worker crap. You abuse your mother and cause her pain. You can choose to be who you are. You can go to work. Seven million of us do it whilst fourteen million like you sit at home watching Days of Our Lives smoking your crack pipes and using needles and I’m sick of you sucking us dry”.
He then concluded:
“It’s your choice to be a junkie and die in the gutter. No one gives a shit, but you’re going to kill that woman who is your mother, damn you to death.”
He gave the woman a prison sentence, unaware that that was unlawful in the type of case in question. Her appeal was successful.
*********************************************
Professor Gary Slapper is Director of the Centre for Law at The Open University. His new book, How the Law Works, is published by HarperCollins