Look around. The society that we know is decaying from within because evil is allowed to prosper when good people do nothing; a notion deriving itself from a quote most often attributed to Edmund Burke, 18TH century Irish statesman and philosopher. One of the easiest routes for any sort of thing to decay—such as a right or privilege offered—is for people to abuse it and for others to allow them to get away with the abuse.
I am willing to bet that everyone is familiar with the famous McDonalds coffee-burning case. Many people, however, misunderstand the suit as simply being of a frivolous nature. Heck, I even thought it was your standard “corporate greed” story passed from person to person to perpetuate the myth that the institution of McDonalds is evil. Instead, some facts:
“A jury…awarded $2.9 million to an 81-year-old woman scalded by McDonald's coffee…McDonald's lawyers [however] went on to dismiss several opportunities to settle out of court, apparently convinced that no jury would punish a company for serving coffee the way customers like it. After all, its coffee's temperature helps explain why McDonald's sells a billion cups a year…McDonald's [had given] the opposing lawyer its operations and training manual, which says its coffee must be brewed at 195 to 205 degrees and held at 180 to 190 degrees for optimal taste.”
Is nearly 200 degrees for your coffee too hot? Not according to Mr. Coffee, the people behind the machines that make, well, lots of coffee:
“A spokesman for Mr. Coffee Inc., the coffee-machine maker, says that if customer complaints are any indication, industry settings may be too low - some customers like it hotter. A spokeswoman for Starbucks Coffee Co. adds, "Coffee is traditionally a hot beverage and is served hot and I would hope that this is an isolated incident."
So, while some lawsuits are legitimate but portrayed incorrectly amongst individuals who likely do not know any better, there are plenty of lawsuits which don’t quite live up to the litmus test of being worth it. In the business and legal professions, it is an old adage that lawsuits are simply a negotiation by other means. Take the McDonalds incident, for example: The company had been given ample opportunity to negotiate to the satisfaction of the afflicted party; having not properly done what was perceived as due diligence on the plaintiff’s part, the “negotiation” went into a courtroom.
There are people who will happily sue people throughout this country and its legal system. In fact, according to an organization known as HALT, the number of people who have chosen to represent themselves pro se has increased 6 percent—from 21 percent to 27 percent in federal district courts. In the state courts of California, however, this number has tripled. What is he frequency of repeat abusers? According to an article in the September 3, 2007 issue of Forbes magazine “Nearly half of the study's 765 pro se litigants filed at least one previous suit in that court, including one who filed 57 complaints in one year.”
A great example of this abuse starts with Holli Lundahl and her repeated litigation against Eli Lilly and Company. The company has spent $1 million in defending against this “serial plaintiff.” A quick Google search shows that she has had many more than her fair share of her days in court, too. Of course, she has responded in such a fashion to her critics by stating that she has been abused by Eli Lilly and Company and the courts system—going all the way to the Supreme Court, even. I don’t know, but if it walks like a duck and quacks like a duck, chances are that it’s not chicken.
The best for last: Amanda Ajuluchuku claims that Bank of America lost a $200 check of hers. According to court filings is caused her to suffer “panic and anxiety attacks, severe dizzy spells, headaches, and cold chills.” I’ve had much worse money problems, including the one time that the military didn’t process my paycheck properly—which amounted to no less than 7 times the amount Ms. Ajuluchuku claims that BOA lost of hers—and I didn’t sue anyone. Oh yeah: She sued—Claiming $5 billion-with-a-“b” in damages. The suit was eventually settled for $3,000 but she just kept on going. Alleging “discrimination, contempt, and acts of terrorism,” she filed at least 219 suits in federal courts over the course of 4 years. No legal team here, though: She represents herself, on a mission to use the proceeds of her litigious nature “to cater to the needs of the underprivileged children globally.”
While these examples show what seem to be some awfully extreme behavior, think about the case of Bart Ross: When federal Judge Joan Leflow dismissed his pro se suit regarding a malpractice suit of an Illinois medical center, he went ballistic and killed the judge’s husband, mother, and later himself.
Can’t stand the manner in which the society that we are living in is deteriorating? All it takes is for good people to do nothing; the apathy of each individual who just shrugs these matters off and moves on with their lives only goes to allow the fires of entropy to continue to burn.
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