Would you file a lawsuit if a company if...

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Decided to drastically lower a price on you? I personally think it's the company's right to charge whatever they want and if they lower a price well then you're the sucker. What do you think?


SAN JOSE, California (AP) -- A New York woman is so angry at Apple Inc. for lopping $200 off the price of the iPhone that she's filed a lawsuit seeking $1 million in damages.
<!--startclickprintexclude--><!-- PURGE: /2007/TECH/10/02/apple.iphone.lawsuit.ap/art.iphone.hand.afp.gi.jpg --><!-- KEEP --><!----><!--===========IMAGE============--><!--===========/IMAGE===========--><!--===========CAPTION==========-->
Apple lowered the iPhone's price on September 5 and also said it would stop selling the 4-gigabyte model.<!--===========/CAPTION=========-->
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<!-- /PURGE: /2007/TECH/10/02/apple.iphone.lawsuit.ap/art.iphone.hand.afp.gi.jpg --><!--endclickprintexclude-->Dongmei Li of Queens, New York, claimed the company violated price discrimination laws when it slashed the price of the 8-gigabyte iPhone by a third, from $599 to $399, within two months of the gadget's June debut.
Apple lowered the iPhone's price on September 5 and also said it would stop selling the $499 4-gigabyte model. Hundreds of early customers who paid full price didn't expect a reduction so soon and complained.
Apple issued an apology the next day. Under its return policy, Apple refunded the $200 difference for those who bought the phone within 14 days of the reduction. And in a move to make peace with those who purchased the higher-priced phone before that period, the company offered a $100 credit at Apple stores.
According to Li's lawsuit, filed on September 24 in the U.S. District Court, Eastern District of New York, the price reduction injured early purchasers like herself because they cannot resell the product for the same profit as those who bought the cell phone following the price cut.
Li purchased a 4GB iPhone for $499 and alleged that owners of the 4GB model were given less favorable terms than those who bought the 8GB model at the premium price, according to the lawsuit.
Apple spokeswoman Susan Lundgren declined to comment, citing the company's policy to not discuss pending litigation.
The lawsuit also named AT&T Inc., the exclusive carrier in the U.S. for the iPhone, and alleged the two companies' required two-year service contract for the iPhone constituted unfair business practices.
Mark Siegel, an AT&T spokesman, declined to comment, saying he had not yet seen the lawsuit.<!--startclickprintexclude--> <!--endclickprintexclude-->
 

Woah, woah, Daddy's wrong, Mommy's right.
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people are retarded and attorneys are drains on society.
 

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ISIAH THOMAS FOUND GUILTY OF SEXUAL HARASSMENT
Associated Press


October 2, 2007 -- A jury ruled Tuesday that New York Knicks coach Isiah Thomas sexually harassed a top team executive, subjecting the married mother of three to unwanted advances and a barrage of verbal insults.
The jury also found that Madison Square Garden committed harassment against the woman, and ruled that MSG should have to pay her punitive damages. The same jury will now begin deciding the amount of damages.

The harassment verdict was widely expected after the jury sent a note to the judge Monday indicating that it believed Thomas and the other defendants, Madison Square Garden and MSG Chairman James Dolan, sexually harassed plaintiff Anucha Browne Sanders.


she only got 11 million:ohno::ohno:
 

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she has standing b/c she paid more and therefore arguably was a harmed by it. It is a lame claim as her damages are only between $100 and $500 (of which they have already offered her $100), assuming she even has a valid claim.

These type of laws/acts often provide for $X damages per occurrence (i.e., per iPod sold/per customer affected), or some sort of punitive damages for violating it, which is where you get the $1mm amount.

Additionally, if it is class action suit, usually what happens is the class action firm will find an employee that falls within the class, file the claim and form the class. Like a secretary who bought the phone, file on their behalf so they can form a class. The first to form the class typically gets most of the plaintiffs to sign up. a lot of the time the actual plaintiff doesn't really give a shit about the case. Class action and Personal injury attorneys are the biggest scumbags going, and the biggest drains on society and the economy.
 

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FHM, what kind of law do you practice?
Agree with you on PI attorneys. What I don't get is why more judges don't throw more cases out right away. Dragging things on only makes it easier for these guys to pry settlements out of companies.
 

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FHM, what kind of law do you practice?
Agree with you on PI attorneys. What I don't get is why more judges don't throw more cases out right away. Dragging things on only makes it easier for these guys to pry settlements out of companies.

commercial real estate transactions, so I am never in court.

problem is to get past summary judgment (which is when it would be thrown out early), you don't really have to do much as a plaintiff. Basically they have to assume that if everything the plaintiff says is true they still don't have a reasonable chance of recovery, then and only then can they throw it out. Very low standard to get past.
 

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I saw this Ipod suit on Yahoo yesterday and couldn't believe it. The fact that suing over this could actually enter a person's mind really scares me. If you are so spoiled and need to be the 1st to have the latest trendy thing, accept the fact that you may have to pay.
Supply and demand.
Does this asshole sue because Tickle me Elmo is cheaper after Christmas?

Apple wasn't selling water in a drought for $10 a gallon. Nobody really NEEDS an Iphone. You WANTED it. It cost a lot. You paid it. now accept the fact that you paid more. Holy shit I get so pissed just thinking about it.
People think they are entitled to everything.

There is a story today about a blind person suing Target because there website isn't accessible to the blind.
http://news.yahoo.com/s/nm/20071003/ts_nm/target_blind_dc

Gimme a freaking break. Deal with it.
Target is the one that is losing out by not offering their site to the greatest number of customers as possible. But if they do not want to (actually, they say they are compliant), that is their choice.
You are not entitled to have everything you want And I am not talking about just the handicap when I say "you". I mean everyone. (But the handicap is a whole other topic Quick side joke: Comedian I heard on XM says..."You know what I think: Anyone that wins a gold medal at the Special Olympics should lose their parking permit" LMAO).
Accept that life may not be fair as you see it and move on.

And this whoile Isiah thing....Oh boy. Who do you side with here?

The Dolans can be real assholes. Isiah has his moments. But 11 million ? Come on. And she says she did for all the women everyewhere. BULLSHIT.
You know what. If you boss is an asshole and his boss is an asshole, QUIT! AND GET ANOTHER JOB.

Damn....I;m all wound up now. I gotta go.:smoking:
 

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people are retarded and attorneys are drains on society.

I thought maybe this was tongue in cheek. But now that I see you are a real estate lawyer, I get it. That is a whole other world.

A friend of mine is a lawyer in Modesto. I believe he defends company's (Jack in the Box comes to mind) against people like this. Frivolous made up lawsuits.
 

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fh,
does she really have a claim here? Wouldn't this be sj'd or 12b6'd? Hard to see her winning anything big as the court can write it off as market movement.

 

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I thought maybe this was tongue in cheek. But now that I see you are a real estate lawyer, I get it. That is a whole other world.

A friend of mine is a lawyer in Modesto. I believe he defends company's (Jack in the Box comes to mind) against people like this. Frivolous made up lawsuits.

what it takes to stop these lawsuits is companies to defend them through trial even though it is a net negative when compared to settling them out. Often people sue knowing a settlement is cheaper for the defendant. Buddy of mine worked for a firm that defended Wal Mart in PI cases and if they determined they weren't at fault they would defend through trial and never make a settlement offer. Even if they could get out for $10k, they would spend $50k defending it. That has to happen, but rarely does.

RoBo, SJ and 12(b)(6) is a fairly easy standard to pass and she will likely get past it. But that says nothing about the true merits of her case. As noted above, if everything the plaintiff says is true (meaning everything is viewed in the best light to the plaintiff) they still wouldn't win, then an donly then can you bounce the case. I don't know virtually nothing about this area of the law, but I imagine she will surpass that standard and make it past a 12(b)(6) motion.
 

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