SE Being Sue?

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SE being sue?
 Asura.Malekith
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By Asura.Malekith 2009-06-26 17:07:22
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For the record "coffee ***" didn't get all the money she sued for because of something called contributory negligence...

She was an idiot and because she was an idiot her damages award was reduced by the % the court deemed attributable to her own fault.

However what made the press and all the news was the amount she won that was levied due to PUNITIVE DAMAGES!

IF you read the case, you would have learned that McDonald's was making it's coffee way hotter than it needed to be and because that deviated from how they had always done things they owed consumers a warning.

THEY DIDN'T DO THAT... and so in this suit they got slammed. They were at fault too...

Anyways, I just followed the links posted on this suit and read the complaint as set forth in the court papers.

Sorry kids, do the same. She has a case and I'll bet money on a settlement though.

This is exactly the sort of bad press that SE does not want or need right now.
 Asura.Malekith
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By Asura.Malekith 2009-06-26 17:12:58
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Artemicion said:
The moment she clicked "Agree" on that log in screen she forfeit the merit to this lawsuit.
NOT *** TRUE.

What you're quoting is what's commonly known as an adhesion contract.

The name derives from the fact that the terms stick to you the moment you agree.

HOWEVER... it's well known that IF a plaintiff is able to show in court that the terms are so onerous, so reprehensible so as to be UNCONSCIONABLE a court can strike those terms down and rewrite the contract.

Long story short, *** the TOS get a good enough lawyer and you can disregard it.
[+]
 Asura.Luelle
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By Asura.Luelle 2009-06-26 17:25:56
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Malekith said:
For the record "coffee ***" didn't get all the money she sued for because of something called contributory negligence...

She was an idiot and because she was an idiot her damages award was reduced by the % the court deemed attributable to her own fault.

However what made the press and all the news was the amount she won that was levied due to PUNITIVE DAMAGES!

IF you read the case, you would have learned that McDonald's was making it's coffee way hotter than it needed to be and because that deviated from how they had always done things they owed consumers a warning.

THEY DIDN'T DO THAT... and so in this suit they got slammed. They were at fault too...

Anyways, I just followed the links posted on this suit and read the complaint as set forth in the court papers.

Sorry kids, do the same. She has a case and I'll bet money on a settlement though.

This is exactly the sort of bad press that SE does not want or need right now.

Malekith said:
Artemicion said:
The moment she clicked "Agree" on that log in screen she forfeit the merit to this lawsuit.
NOT *** TRUE.

What you're quoting is what's commonly known as an adhesion contract.

The name derives from the fact that the terms stick to you the moment you agree.

HOWEVER... it's well know that IF a plaintiff is able to show in court that the terms are so onerous, so reprehensible so as to be UNCONSCIONABLE a court can strike those terms down and rewrite the contract.

Long story short, *** the TOS get a good enough lawyer and you can disregard it.


Go go lawyer knowledge. (except maybe exclude the swearing >.<)
 Hades.Slayerx
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By Hades.Slayerx 2009-06-26 17:34:58
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Exactly, ToS and Legal Contract are two completely different things.
 Caitsith.Neonracer
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By Caitsith.Neonracer 2009-06-26 18:17:53
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Garlend said:
The only thing i dont like about there billing is all the amounts it says on playonline are in US $ so i have to try n figure out how much it is in Canadian $. lol


Same here... Time to call Goldhawk, us Canadians are getting ripped off. We want it to show in CDN how much we have to pay.

Totally Ripped off.. LMAO!!!!
 Ramuh.Thunderz
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By Ramuh.Thunderz 2009-06-26 18:18:44
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About Coffee girl, If you need a warning on your coffee to know its hot...your HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE

its like having a warning on ice cream "may cause brain freeze consume slowly"

and the lawsuit

Why sue for 5mil? just ask for your money back I mean....do you deserve 5mil? I hate civil suits people can go ???? themselves with their greed

also With some very good lawyers you can always find a loop hole trust me
 Caitsith.Neonracer
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By Caitsith.Neonracer 2009-06-26 18:21:40
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Thunderz said:
About Coffee girl, If you need a warning on your coffee to know its hot...your HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE

its like having a warning on ice cream "may cause brain freeze consume slowly"

and the lawsuit

Why sue for 5mil? just ask for your money back I mean....do you deserve 5mil? I hate civil suits people can go ???? themselves with their greed

also With some very good lawyers you can always find a loop hole trust me


Find the right lawyer with the right Dollar signs and anything can happen!!!

Just like Cardashian and Cochrane.. IF it don't fit, you must Aquit!!

haha...
 Asura.Malekith
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By Asura.Malekith 2009-06-26 18:22:03
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Luelle said:
Go go lawyer knowledge. (except maybe exclude the swearing >.<)
LMAO luelle, you lurk on here too eh? Lawyer knowledge? LOL.... don't blow my cover...
 Alexander.Garlend
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By Alexander.Garlend 2009-06-26 18:23:58
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Thunderz said:
About Coffee girl, If you need a warning on your coffee to know its hot...your HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE

its like having a warning on ice cream "may cause brain freeze consume slowly"

and the lawsuit

Why sue for 5mil? just ask for your money back I mean....do you deserve 5mil? I hate civil suits people can go ???? themselves with their greed

also With some very good lawyers you can always find a loop hole trust me


the funny thing is its alot of ppl in the lawsuit so if they win they would only get about $50 each. /HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE
 Garuda.Antipika
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By Garuda.Antipika 2009-06-26 18:27:47
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Thunderz said:
About Coffee girl, If you need a warning on your coffee to know its hot...your HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE


What's more HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE is a country allowing such lawsuit to be filled. That shouldn't even exist in the first place.
 Asura.Malekith
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By Asura.Malekith 2009-06-26 18:28:13
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It's not about the money guys...

IF the plaintiff wins, her court costs are covered. So it's a free law suit.

It's only her lawyers who are spending any real amount of time on it. As plaintiff her involvement will be minimal.

So what's the point? Besides the $50 check? Well you don't think SE will make wholesale changes to how they do things so that no one else can try to sue on similar grounds?

Whatever your PoV on lawsuits, they do effect change it may not be the change you're looking for or even want but something will result from this...
 Bahamut.Pjohn
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By Bahamut.Pjohn 2009-06-26 18:31:55
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Garlend said:
Thunderz said:
About Coffee girl, If you need a warning on your coffee to know its hot...your HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE

its like having a warning on ice cream "may cause brain freeze consume slowly"

and the lawsuit

Why sue for 5mil? just ask for your money back I mean....do you deserve 5mil? I hate civil suits people can go ???? themselves with their greed

also With some very good lawyers you can always find a loop hole trust me


the funny thing is its alot of ppl in the lawsuit so if they win they would only get about $50 each. /HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE


Yes there needs to be a warning on my ice cream if the ***is cold enough to instantly freeze my tongue and cause serious damage.

Same goes for excessively hot coffee.

If SE is ripping of its customers it should pay them all back.

It's the principle Smokey!!!!!!
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By Fairy.Xxnumbertwoxx 2009-06-26 18:42:06
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The 5 million is Punitive Damages...it's not so much damages to give the plaintiff's a free ride, it's money fined from the defendant to drive home the fact that they *** up. Paying off a bunch of people for money they owe anyways doesn't teach anybody anything, making them pay off 10 times the amount is sure as *** gonna encourage them not to do whatever it is they did again...

Besides, in this particular lawsuit, there's gonna be tons of plaintiffs, so it ain't like any one person is gonna get a million from SE, it's gonna get divided up...

EDIT: And I highly doubt there's gonna be any huge settlement here...if anything, they'll pay back the people they owe money too, pay off the cost of the trial (if it gets that far) and maybe throw a free month at people or something...
 Fairy.Lethewaters
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By Fairy.Lethewaters 2009-06-26 19:10:43
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Antipika said:
Thunderz said:
About Coffee girl, If you need a warning on your coffee to know its hot...your HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE


What's more HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE is a country allowing such lawsuit to be filled. That shouldn't even exist in the first place.


The legal system is screwed up everywhere. A friend of mine told me how someone admitted to murder and got 7yrs in prison with a parole option.
 Fairy.Lethewaters
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By Fairy.Lethewaters 2009-06-26 19:14:17
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Malekith said:
Artemicion said:
The moment she clicked "Agree" on that log in screen she forfeit the merit to this lawsuit.
NOT *** TRUE.

What you're quoting is what's commonly known as an adhesion contract.

The name derives from the fact that the terms stick to you the moment you agree.

HOWEVER... it's well known that IF a plaintiff is able to show in court that the terms are so onerous, so reprehensible so as to be UNCONSCIONABLE a court can strike those terms down and rewrite the contract.

Long story short, *** the TOS get a good enough lawyer and you can disregard it.


What's next? The Chewbacca defense?
 Garuda.Antipika
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By Garuda.Antipika 2009-06-26 19:19:29
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Lethewaters said:
Antipika said:
Thunderz said:
About Coffee girl, If you need a warning on your coffee to know its hot...your HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE


What's more HELP I AM TRAPPED IN 2006 PLEASE SEND A TIME MACHINE is a country allowing such lawsuit to be filled. That shouldn't even exist in the first place.


The legal system is screwed up everywhere. A friend of mine told me how someone admitted to murder and got 7yrs in prison with a parole option.


No legal system is perfect, still some are superior and don't allow such *** to happen.
 Gilgamesh.Alyria
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By Gilgamesh.Alyria 2009-06-26 19:21:45
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Who's Sue?
 Bahamut.Rumaha
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By Bahamut.Rumaha 2009-06-26 19:24:37
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Alyria said:
Who's Sue?


Funny Girl. :p

Its sad that anyone can sue anyone for anything :/

(IE)Someone breaks into my home busts his *** on my table and sues me for it lol
 Ramuh.Dasva
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By Ramuh.Dasva 2009-06-26 19:27:08
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Alyria said:
Who's Sue?

Some dude...
 Ramuh.Dasva
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By Ramuh.Dasva 2009-06-26 19:30:26
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Rumaha said:
Alyria said:
Who's Sue?


Funny Girl. :p

Its sad that anyone can sue anyone for anything :/

(IE)Someone breaks into my home busts his *** on my table and sues me for it lol

You think thats bad I heard of a guy who broke into a house the owner confronted him. The robber paniced shot and killed the guy and went to jail for murder. The family of the murderer/robber sued the family of the dead guy cause it was there fault that they didnt have there husband/father anymore.

Or a friend of my step-moms was driving down the street at 5 MPH and a kid rode his bike down a hill straight into the side of the guys car went over the side and since he wasn't wearing a helmet which is required he broke his neck and died. Family sued him and the guy is gonna owe money till he dies.
 Ramuh.Arnomoritz
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By Ramuh.Arnomoritz 2009-06-27 01:31:17
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Well this isn't the first time people have tried to *** money out of games like this

http://news.zdnet.co.uk/emergingtech/0,1000000183,2088335,00.htm

"Eidos, the UK company that created Lara Croft and the Final Fantasy computer game series
warned on Wednesday that it was facing a £3.4bn lawsuit from the parents of the teenagers
killed in the Columbine massacre of 1999."
[+]
 Leviathan.Antonioklaus
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By Leviathan.Antonioklaus 2009-06-27 05:17:24
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I can't follow the link from my pc at work. Does it actually show where they were double billed? I know if I over use my visa debit card and my ffxi payment gets rejected I don't get charged. Then a day later when I reinstate my IDs, it doesn't bill me for the month. Then the following month, I get "double billed". Except, I'm not really double billed because I didn't pay for the last month cycle.
 
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 Gilgamesh.Kdizzle
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By Gilgamesh.Kdizzle 2009-06-27 06:21:17
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^ what he said
 Caitsith.Neonracer
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By Caitsith.Neonracer 2009-06-27 06:56:23
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Dasva said:
Alyria said:
Who's Sue?

Some dude...


Bravo!!!! Well Done!!!

lmao.. Boy Named Sue.. Gotta Love Johnny Cash when your all ripped up, torn and drunk at a pub, and either listening to a song like that, or your getting drunk with your old man and having a few cold ones...

Sorry for the derail,..been up all night.. rationalizing tons of ***...
 Gilgamesh.Tallulah
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By Gilgamesh.Tallulah 2009-06-27 08:49:19
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I'm filing a class action against myself for opening this thread.
 Odin.Aramina
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By Odin.Aramina 2009-06-27 08:51:26
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Ludoggy said:
I'm pretty sure the ToS says "we can ban you whenever we want and for no reason"


Pretty much that's what it says.

Actually most job contracts for hourly wage jobs (like most HS or College people will have) have in the fine print "Employment can be terminated at any time, with or without notice or cause, by the employee OR the employer."

Basically, we can fire you if we feel like it with no notice or reason. Likewise, you can quit with no notice or cause. Sign here please.

I had a boss fire someone for showing up late all the time, but when she called for her schedule, he just said "you're not on it, you're fired" and hung up the phone. She threatened to sue but he told her to go ahead, since she signed the contract.

Basically the TOS has us all by the proverbial nuts pretty much the same way. YOUR character isn't yours. You rent space on a server that SE is gracious enough to let you pay for. It's their property and you're just the tenant. Like it or not, that's the way it is...

For the record, coffee is SUPPOSED to be hot, and the proper setting for the thermostat in a commercial coffee maker is over 180+ (worked for a distributor repairing machines). Hotter the water is, the better yield you get from using less coffee. If someone that makes 100 pots a day can use 1.75 oz. instead of 2.0 oz by jacking up the temperature, that's a 12.5% savings on cost and the more coffee you make, the more money that saves you. Put yourself in the place of the business owner, what would you do?

The burner element typically won't keep it that hot, so it will be a lot hotter when it has just been brewed than if it has been sitting on the burner for 15 minutes.
 Odin.Aramina
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By Odin.Aramina 2009-06-27 08:53:24
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Xxnumbertwoxx said:
The 5 million is Punitive Damages...it's not so much damages to give the plaintiff's a free ride, it's money fined from the defendant to drive home the fact that they *** up. Paying off a bunch of people for money they owe anyways doesn't teach anybody anything, making them pay off 10 times the amount is sure as *** gonna encourage them not to do whatever it is they did again...

Besides, in this particular lawsuit, there's gonna be tons of plaintiffs, so it ain't like any one person is gonna get a million from SE, it's gonna get divided up...

EDIT: And I highly doubt there's gonna be any huge settlement here...if anything, they'll pay back the people they owe money too, pay off the cost of the trial (if it gets that far) and maybe throw a free month at people or something...


They'll buy them out with 6 months free of FF14, which most of them will take. Then, they'll start paying for it after the 6 months is over because they'll be addicted again...

LMAO!!!!!!!!!
 Odin.Aramina
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By Odin.Aramina 2009-06-27 08:53:58
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Post # 276!!!

I just capped my A+ Posting Skill!!!
 Bismarck.Sweetchuck
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By Bismarck.Sweetchuck 2009-06-27 09:29:12
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Personally, I hope SE loses the suit and has to pay us all in GIL!!!! 100mil for everyone!!