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View Full Version : Apple Sued for $1 Million over iPhone Price Cut




IJ Reilly
Oct 1, 2007, 04:42 PM
SAN JOSE, Calif. (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.

Dongmei Li of Queens, N.Y., 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 Sept. 5 and also said it would stop selling the $499 4-gigabyte model. Hundreds of early customers who paid full price didn't expect the reduction to come 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 Sept. 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.

An Apple representative did not immediately return a call to comment Monday.

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.

How come only a million?

http://biz.yahoo.com/ap/071001/apple_iphone_lawsuit.html?.v=2



balamw
Oct 1, 2007, 04:44 PM
How come only a million?
Maybe she bought 5000 phones? :p

B

Dont Hurt Me
Oct 1, 2007, 04:56 PM
Amazing it is indeed. Maybe I should join the suit.:D what can i get for my suffering? a buck? but a million? why dont she go after Jobs Job:apple:

sananda
Oct 1, 2007, 04:57 PM
i suppose this is what happens when contingency fee agreements are permitted.

Naimfan
Oct 1, 2007, 05:05 PM
You know, just based on the article, "12(b)(6)" comes to mind....... :rolleyes:

IJ Reilly
Oct 1, 2007, 05:06 PM
i suppose this is what happens when contingency fee agreements are permitted.

What, they should be prohibited? And why, just so people can't file dopey lawsuits from which they are unlikely to collect a penny?

I don't see Apple giving this woman any go-away money, and I see the first judge who reviews it tossing it out immediately. In the meantime, we can treat it as comedy.

You know, just based on the article, "12(b)(6)" comes to mind....... :rolleyes:

Nice. I had to look that up. :)

Naimfan
Oct 1, 2007, 05:09 PM
In the meantime, we can treat it as comedy.

Exactly right! :D

Nice. I had to look that up. :)

Ah, the perils of being in the profession......

sananda
Oct 1, 2007, 05:09 PM
What, they should be prohibited? And why, just so people can't file dopey lawsuits from which they are unlikely to collect a penny?

I don't see Apple giving this woman any go-away money, and I see the first judge who reviews it tossing it out immediately. In the meantime, we can treat it as comedy.

yes, they should be prohibited. conditional (not contingency) fee agreements are fine with a limited sucess/risk uplift.

however, i also don't see apple giving her hush money either and will join you as treating as comedy :D

Avatar74
Oct 1, 2007, 05:16 PM
i suppose this is what happens when contingency fee agreements are permitted.

Even though I know you were being a bit cheeky...

Contingency agreements are usually not done anywhere except in personal injury cases. Rarely will attorneys agree to work on contingency EVEN if it looks like an open and shut million-dollar case (which this one most definitely is not). Most likely, she'll have to shell out $250 to $500 an hour. If it goes to court, the attorneys fees plus office expenses (yes, billed on top of the hourly) could skyrocket into the hundreds of thousands of dollars.

The reason for that is quite simple... the attorneys do not have all facts of the case, all sides of the story. Facts could come to light that would result in the attorneys collecting nothing, and the attorneys might not know this until half-way through the case.

Therefore, even personal injury attorneys working what seems like a slam-dunk case are very careful to do next to nothing and make you gather most of the facts/documents... which is why the relationship works out because by the time you've engaged a personal injury attorney, liability has most likely already been established by the insurance company/companies involved and it then is just a question of whether or not they want to go to court over the collection of medical costs and punitive damages.

That being said, even in contingency agreements, attorneys typically cover themselves by having office costs itemized and generally collected on TOP of whatever their percentage is.

So, my advice to Ms. Li is... I hope the attorney is a close, personal friend. Otherwise, good luck with that.

sananda
Oct 1, 2007, 05:19 PM
Even though I know you were being a bit cheeky...

Contingency agreements are usually not done anywhere except in personal injury cases. Rarely will attorneys agree to work on contingency EVEN if it looks like an open and shut case (which this one most definitely is not).

The reason for that is quite simple... the attorneys do not have all facts of the case, all sides of the story. Facts could come to light that would result in the attorneys collecting nothing, and the attorneys might not know this until half-way through the case.

Therefore, even personal injury attorneys working what seems like a slam-dunk case are very careful to do next to nothing and make you gather most of the facts/documents... which is why the relationship works out because by the time you've engaged a personal injury attorney, liability has most likely already been established by the insurance company/companies involved and it then is just a question of whether or not they want to go to court over the collection of medical costs and punitive damages.

That being said, even in contingency agreements, attorneys typically cover themselves by having office costs itemized and generally collected on TOP of whatever their percentage is.

So, my advice to Ms. Li is... I hope the attorney is a friend. Otherwise, good luck with that.

over here (UK) where i practice law most personal injury cases are funded by a conditional fee agreement.

IJ Reilly
Oct 1, 2007, 05:20 PM
So, my advice to Ms. Li is... I hope the attorney is a friend. Otherwise, good luck with that.

And that's no Li.

Avatar74
Oct 1, 2007, 05:23 PM
over here (UK) where i practice law most personal injury cases are funded by a conditional fee agreement.

Here they are contingency fee... If you collect, they take anywhere from 28 to 40 percent if settled out of court, 45 to 50 percent at minimum if it goes to court. However, my point was, this is not a personal injury case so as a rule an attorney would have to be on retainer. There's a 99 percent chance that no attorney would take this on contingency.

Also, attorneys on retainer have minimums... i.e. they bill you at time of retainer for a minimum set of hours that usually ends up being $5000 or more up front.

sananda
Oct 1, 2007, 05:25 PM
There's a 99 percent chance that no attorney would take this on contingency.


oh! she truly is a nutcase if she's funding it herself!

edoates
Oct 1, 2007, 05:26 PM
What, they should be prohibited? And why, just so people can't file dopey lawsuits from which they are unlikely to collect a penny?

I don't see Apple giving this woman any go-away money, and I see the first judge who reviews it tossing it out immediately. In the meantime, we can treat it as comedy.

But even when the first judge to see it "tosses" it, it will cost Apple several thousand dollars to prepare an initial response call for dismissal with prejudice (so it can't be filed again).

The problem with frivolous lawsuits is the initial cost of defense because the defendant cannot get a "contingency" defense; unless the suit is really egregious, the plaintiff won't have to pay defendant's costs and sanctions, if they occur (almost never) amount to a thousand bucks.

If judges tossed silly suits earlier, and if there were a mechanism to sanction suits which were ruled groundless in the early stages, then contingency cases based on good evidence are fine: they provide a way for the little guy to fight back. But judges were lawyers once, and they lived by the system which insures that the lawyers always get paid no matter what, and which insures lots of suits will be filed. They won't rock that boat.

Eddie O

Naimfan
Oct 1, 2007, 05:29 PM
Read this: Fed. R. Civ. P. 54(d).

Available everywhere, but for your convenience: http://www.law.cornell.edu/rules/frcp/Rule54.htm

Phutchi
Oct 1, 2007, 05:37 PM
You know, just based on the article, "12(b)(6)" comes to mind....... :rolleyes:

For those of us not legally inclined: :p
III. PLEADINGS AND MOTIONS > Rule 12. (http://www.law.cornell.edu/rules/frcp/Rule12.htm)

sananda
Oct 1, 2007, 05:40 PM
i can't believe i'm reading another country's civil procedure rules!

Naimfan
Oct 1, 2007, 05:45 PM
i can't believe i'm reading another country's civil procedure rules!

Yeah, now THAT is scary........ :eek:

And just think: those are just the federal rules--each state has their own set also. Of both civil AND criminal. (Fortunately, many of the state ones use the federal rules as a model).

rjgonzales
Oct 2, 2007, 07:43 AM
USAToday Link (http://www.usatoday.com/tech/wireless/phones/2007-10-02-iphone-price-cut-lawsuit_N.htm)

SAN JOSE, Calif. (AP) — A New York woman is so angry at Apple for lopping $200 off the price of the iPhone that she's filed a lawsuit seeking $1 million in damages.

Dongmei Li of Queens, N.Y., 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 Sept. 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 Sept. 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 cellphone 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, 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.


Wow, just wow.:eek:

Buschmaster
Oct 2, 2007, 07:47 AM
I can't believe I live in this country...

:rolleyes:

mets1125
Oct 2, 2007, 07:49 AM
What a joke! I cant believe all these frivolous lawsuits:eek:

atari1356
Oct 2, 2007, 07:51 AM
Hmm... let's see. I bought something at a fair price, knowing full well what I was getting. Then the price dropped by $200 and I'm so upset that I deserve $1,000,000 ?

********** ridiculous.

Gonzlobo
Oct 2, 2007, 09:58 AM
Good luck spending that $1,000,000 store credit.

Marcjcd
Oct 2, 2007, 10:04 AM
Good luck spending that $1,000,000 store credit.

This might be a total joke, but its getting time now on the bottom-screen "scroll" on MSNBC right now. Hmm... MS and NBC, both friends of Apple :)

MacBytes
Oct 2, 2007, 12:10 PM
http://www.macbytes.com/images/bytessig.gif (http://www.macbytes.com)

Category: News and Press Releases
Link: Woman Sues Apple Over IPhone Price Cut (http://www.macbytes.com/link.php?sid=20071002131048)
Description:: none

Posted on MacBytes.com (http://www.macbytes.com)
Approved by Mudbug

nbs2
Oct 2, 2007, 12:17 PM
So frivolous, this thread should just be wastelanded.

bigandy
Oct 2, 2007, 12:20 PM
that woman should be wastelanded. i'm sorry, but what an idiotic lawsuit. almost as stupid as the one suggested about suing apple for having a policy against fixing iphones that were out of warranty.

webgoat
Oct 2, 2007, 12:33 PM
how can you honestly justify $1,000,000 in "damages" for that? I hope the court orders her to pay the court and attorney fees for Apple.

bushbaby
Oct 2, 2007, 01:43 PM
Gonzlolo - LOL!:D

mrsebastian
Oct 2, 2007, 01:45 PM
as i posted elsewhere on the net...

dear ms. li,
i appreciate your frustration with apple and/or at&t, however on behalf of the tax payers of the united states, i request that you take your lawsuit and shove it up your a$$. you are wasting our (collectively) tax dollars on what amounts to a couple hundred bucks.
thank you for your cooperation,
mrsebastian

SPUY767
Oct 2, 2007, 02:38 PM
Reminds me of when an Ex girlfriend got a family friend lawyer to draft a laqsuit against me claiming that My undamaged car had somehow caused 1500$ damage to her 1993 Honda Accord. I said to the lawyer. I hope you're doing this pro bono, cause if not, you're a thief.

MacRumors
Oct 2, 2007, 03:23 PM
http://www.macrumors.com/images/macrumorsthreadlogo.gif (http://www.macrumors.com)

Several sites are reporting (http://biz.yahoo.com/ap/071001/apple_iphone_lawsuit.html?.v=2) that a New York woman is suing Apple for $1 million in damages claiming Apple violated price discrimination laws when it cut the price of the iPhone by $200.
According to Li's lawsuit, filed on Sept. 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.
Many feel this is a ridiculous lawsuit, but has gotten enough press that I've posted it for your commenting pleasure.

Article Link (http://www.macrumors.com/iphone/2007/10/02/apple-sued-for-1-million-over-iphone-price-cut/)

happydude
Oct 2, 2007, 03:45 PM
and let's just hope the judge throws the case out. this stupid frivolous lawsuit may cost mrs. li some cash, but the taxpayers have to pay for the court costs PLUS it just further congests the already over taxed court system. when it is thrown out, she should be required to reimburse the state for court costs and someone should just take her precious little iphone, unlock it, and then install the latest firmware update. so ridiculous.:eek:

overanalyzer
Oct 2, 2007, 03:45 PM
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.

I never understood why anyone would want a 4GB model, especially given the relative price, and the quick discontinuation of them was no surprise to me (though the lag in introducing a 16GB iPhone is a little surprising). So from my point of view, her inability to profit selling 4GB iPhones isn't Apple's fault, it's hers for making a really awful call in predicting demand.

Plus, anyone (myself included) who toyed with the idea of selling iPhones after their release with a little markup would have seen they weren't going for much over retail on eBay as of a day after release. She should have exercised her 14 day return and gotten over it. Is there nothing people won't sue about these days?

CJD2112
Oct 2, 2007, 03:47 PM
First Britney Spears has the number 1 single on iTunes for the past five days in a row, now THIS?! Only in Amerikkka.

mountainbiker80
Oct 2, 2007, 03:52 PM
This is just ridiculous. I swear, if I could hunt her down I would and slap her upside the head. ITs just like the McDonald's woman of yore (you know, the one that spilled hot coffee on herself and sued, and won, millions!?). What is the percentage, exactly, of people here in our fair country that are capable of taking responsibility for their own actions anymore?

I bought a Blu-Ray disk player the day they came out because I wanted it. A few months later, the same company released a newer, better, cheaper version. My bad. But, I got what I wanted, when I wanted it. I did not complain (well, not outside my circle of friends).

Come on b-iz-nitch, you got it the first day like the rest of us...and we all knew the prices would go down. That's the way it works.

Ade-iMac-177
Oct 2, 2007, 03:55 PM
$1 million?

if she has collected the $100 rebate then the judge shold accept the case go through all proseddings, award her the extra $100 difference between the reduced price and the rebated price and leave her with the legal fees. :D

TheSlush
Oct 2, 2007, 03:56 PM
Knowing this country, this lady will have her own reality show in a month.

"This week Lawsuit Li sues a veterinarian! Join us next week, when Li sues a hubcap manufacturer! Tune in and see what happens! "

space1nvaders
Oct 2, 2007, 04:03 PM
This might be a total joke, but its getting time now on the bottom-screen "scroll" on MSNBC right now. Hmm... MS and NBC, both friends of Apple :)

You got it! This is all about press and that's it. The new Zune is coming out soon. Seems a little fishy

LizKat
Oct 2, 2007, 04:09 PM
Well judges have tossed frivolous suits before, they're probably gettin' good at it in the 21st century.

We need a large meteor to come whippin' in from Out There, crash through a couple empty buildings in the Bronx or Chicago, establish a nice round crater about 20 feet across and 60 feet deep (or whatever, I flunked astrophysics) and have another one just like it pop into SF or LA six hours later. And one more put down in some cornfield, Iowa that same night.

That should CHANGE THE SUBJECT for a day or two in the media, jeez.

There is life past the iPhone...

A bunch of black-PR churners and a handful of wannabe first-in-France with a live iPhone and another handful of scripters have turned the press into a bunch of what we call pine board dogs around here. The kind you have to whack on the head pretty good once or twice to get their attention.

Bring back the draft. Ration sugar, fat, cigarettes and ethanol. Do you think the New York Times would notice, or just keep bringing more servers on line for Hansell's blog and all those nutty, earnest, irate, crazed posts?

You know I hope Congress has not just figured out they could probably pass all kinds of mischief right now while the media are all wound up over a few bricked iPhones.

Spanky Deluxe
Oct 2, 2007, 04:15 PM
If this is actually true then the woman is a complete moron and deserves to be... I dunno... given a paper cut. Seriously though, it wouldn't surprise me if Apple had arranged this for cheap publicity. Its going through all the news outlets and its causing a massive buzz.

Person A: "Did you hear, there's a woman suing Apple because they reduced the price by $200 after she bought it!"
Person B: "What??? Its $200 cheaper?? What a bargain!!"

or

Person A: "Did you hear, there's a woman suing Apple because they reduced the price by $200 after she bought it!"
Person B: "No way, that's crazy! The iPhone sure is in the news a lot recently. I've really got to look into getting one, they're so in right now!"

As some people have said, this happens on pretty much the same day that the Zune 2 rumours are let loose.... although lets not kid ourselves, that's one iPod killer that's about as deadly as a fat neutered and sleepy cat.

IJ Reilly
Oct 2, 2007, 04:23 PM
Knowing this country, this lady will have her own reality show in a month.

Why not? She already lives in her own reality.

Stella
Oct 2, 2007, 04:27 PM
Another stupid law suit.

Technology depreciates very quickly and thus Apple and other companies have to stay competitive, even if it means being aggressive in their pricing.

It sucks for the customer, but a lot of companies will rebate customers if they purchased in the last few weeks ( like Apple originally offered ).

natasha69
Oct 2, 2007, 04:36 PM
translated - ms. li bought a ton of iphones (specifically the 4gig models) and was selling them overseas or in markets where people could not get them for high markups. then, bam, apple lowers the price before she could sell them all. and no one wants the 4 gig models anymore with the 8 gigs so nicely priced.

because she didn't use any business sense, she gets to waste our courtroom's time with this rediculous lawsuit...and claim national headlines.

cnn should instead post a headline 'stupid person bought 5000 iphones hoping to rip people off overseas, but gets stuck with them after price drop'

i wish the US passed a law stating "you are responsible for your own actions, however stupid they may be"

mac 2005
Oct 2, 2007, 05:05 PM
I can't believe I live in this country...

:rolleyes:

If you find Americans' unfettered access to the legal system to be such an abomination, I'm sure there are a few billion people that would gladly change places with you.

As funny/infuriating as these types of stories are, they speak to the decency of the individuals involved and not the integrity of the American legal system and its principles. If there is any collective shame to be had, it would be on the attorneys who make their "bread and butter" from these types of lawsuits.

chr1s60
Oct 2, 2007, 05:15 PM
LOL!!! Apple lowers the price $200 and that amounts to $1 million in damages? How the hell does that work? Idiots like this don't deserve to have an iPhone... or any other electronic device. I wish Apple could counter and sue her for $1 Million for being a moron.

bkman2211
Oct 2, 2007, 05:45 PM
How come only a million?

http://biz.yahoo.com/ap/071001/apple_iphone_lawsuit.html?.v=2

Dude! I just spilt my coffee in my lap after reading this! Maybe I should sue her and McDonald's!!!

Snowy_River
Oct 2, 2007, 05:48 PM
Ah jeez...

Next thing you know, someone will sue Apple for bricking their hacked iPhone.

What do you think that lawsuit would be worth? $5M? $10M?
:rolleyes:

asrai
Oct 2, 2007, 06:11 PM
Pathetic, but why am I not surprised at this?

synth3tik
Oct 2, 2007, 06:22 PM
This is the reason I hate people.


Stupid lady.


I am going to sue Apple because back in 1999 I bought a B&W G3 and since then I can now only sell it for $100.

stupid stupid lady.

If she thinks every one was hurt, does she plan on giving the money out to all iPhone owners.

mac 2005
Oct 2, 2007, 06:22 PM
With apologies for getting OT, if you're going to cite a case as somehow representative of frivolous lawsuits, you should be familiar with the facts of the case--as presented by legal scholars and not overpaid, overhyped talk-show hosts. The woman who was scalded by a cup of coffee had a legitimate claim for the injuries she suffered; I'm not clear on the parallel between that lawsuit and this one.

NiteWaves77
Oct 2, 2007, 06:23 PM
http://www.urbandictionary.com/define.php?term=****

Goliath
Oct 2, 2007, 06:56 PM
Great move! I'm going to sue Tesco's cos yesterday I bought a six pack of Coca-Cola for £2.39 and today they're selling them buy one get one free- instantly reducing my purchase's value by half. And whilst I'm at it I'm going to file suit against any company that reduces or puts on sale any item I buy!

How dare a company charge less!

In other news it was announced that Apple is going raise prices on the new iMac and sue everyone that bought before the price hike!

adambadam
Oct 2, 2007, 07:05 PM
lmao...
what a g00ber, that woman is. People should just get over it already. Being so god damn bitter about something like this does not bring good karma I imagine...**** happens, and it's pretty lame that just because a company drops the price of one of their products, or someone spills hot coffee in their own damn lap, that people think they have the right to sue for these ridiculous amounts of money. Greedy bastids.

jayducharme
Oct 2, 2007, 07:06 PM
Available everywhere, but for your convenience: http://www.law.cornell.edu/rules/frcp/Rule54.htm

I noticed this interesting statement:

A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment.

I didn't think religion came into this... :p

dukebound85
Oct 2, 2007, 07:39 PM
what a loser this person is. why 1 million? did she just pull that number out of her arse?

its not like she was forced to buy at 600

i hate when people feel they are entitled to something for no reason at all

drater
Oct 2, 2007, 08:57 PM
you guys forget the point. She's probably one of those people who has nothing better to do. This is like a hobby for her. Her "precious" time was wasted because steve woo'd her into the line and made her buy an iPhone.

Just reminds me of the people who sue the tobacco companies for getting lung cancer. Like they didn't read the sides of the boxes, see the commercials, etc etc. So stupid. I hope the state counter sues for ignorance. Can we all get together and sue her for lose of brain cells?

weev
Oct 2, 2007, 09:13 PM
I bought the Mac Plus in 1987. A week later it dropped by $200.

Any lawyers out there want to do a a pro bono case?

youngcapitalist
Oct 2, 2007, 09:41 PM
lol weev you beat me to it. My Powerbook G4 has now been upgraded to new processors and lower prices, can I get a $1,000,000...

My only question: What lawyer, in his right mind, could walk this case into the court and hand it to the clerk with a straight face? Although, maybe he filed online hahaha..

Darkroom
Oct 2, 2007, 09:50 PM
such a cliché "american" (no offence to smart americans)... i hope this chick looses her house over this, 'cause dumb people like her don't deserve to own an iPhone, let alone a house to live in...

Tom Underhill
Oct 2, 2007, 11:16 PM
What an idea... a piece of technology with a guaranteed resale value.

And one day cows will fly.

aaronh3
Oct 2, 2007, 11:50 PM
oh dear, some people just don't get it, technology always gets cheaper/better. if you wait things always drop in price......

hidehide
Oct 3, 2007, 12:32 AM
Oh, so Apple is not gonna price cut their products again and stay at premium price.. nice~~

SDAVE
Oct 3, 2007, 01:24 AM
That girl who sued Apple is a huge whiner!

I think Apple did enough with the $100 credit...that was nice enough of them.

RevToTheRedline
Oct 3, 2007, 02:40 AM
I can't believe I live in this country...

:rolleyes:

WHAT?? The camera I bought a year ago is $200 less now, THATS IT, I'm suing Nikon.

And hey what about my 60GB iPod that I bought and a month later they came out with a cheaper 80GB model, clearly that requires suing over.

It really is sad how pathetic people are in this country.

epicwelshman
Oct 3, 2007, 03:11 AM
Good luck spending that $1,000,000 store credit.

Oh I'm pretty sure I could find some good ways to spend that $1 mil store credit! I'll take 200 tricked out Mac Pro's please :D Haha.

arsiegal
Oct 3, 2007, 03:21 AM
Come one now. I think this matter is a bit over the top. When I bought my first iPod 4 years ago, the price was 300 then apple dropped it to 250. What do you expect from a brand new product. They have a crazy price at first and they see if there selling well, then they drop the price. I think 1 million is a bit crazy, how about you sue enough to pay for your lawyer and what the phono cost you, I would assume that would be fair, right?

I didn't go crying asking for my money back when they dropped the price of my iPod or my iBook at the time. :D:D

thefourthpope
Oct 3, 2007, 03:49 AM
Great move! I'm going to sue Tesco's cos yesterday I bought a six pack of Coca-Cola for £2.39 and today they're selling them buy one get one free- instantly reducing my purchase's value by half. And whilst I'm at it I'm going to file suit against any company that reduces or puts on sale any item I buy!

How dare a company charge less!

In other news it was announced that Apple is going raise prices on the new iMac and sue everyone that bought before the price hike!

With you there. My car's not worth what I paid for it either! And gas went up! How to reconcile these unpredictable changes...hmmm:)

hmmm
Oct 3, 2007, 06:21 AM
The Stella Awards are named after 81 year-old Stella Liebeck who spilled hot coffee on herself and successfully sued McDonald's. That case inspired the Stella Awards for the most frivolous, ridiculous, successful lawsuits in the United States.

7th Place

Kat hleen Robertson of Austin, Texas, was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside of a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving little toddler was Ms. Robertson's son.

******************** 6 th Place

19-year-old Carl Truman of Los Angeles won $74,000 and medical expenses when his neighbor ran over his hand with a Honda Accord. Mr. Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbor's hubcaps.

******************************** 5th Place

Terrence Dickson of Bristol , Pennsylvania , was leaving a house he hadjust finished robbing by way of the garage. He was not able to get the garage door to go up since the automatic door opener was malfunctioning. He couldn't re-enter the house because the door connecting the house and garage locked when he pulled it shut. The family was on vacation, and Mr. Dickson found himself locked in the garage for eight days. He subsisted on a case of Pepsi he found, and a large bag of dry dog food. He sued the homeowner's insurance claiming the situation caused him undue mental anguish. The jury agreed to the tune of $500,000.

*************************** 4th Place

Jerry Williams of Little Rock, Arkansas, was awarded $14,500 and medical expenses after being bitten on the buttocks by his next door neighbor's beagle. The beagle was on a chain in its owner's fenced yard. The award was less than originally sought, because the jury felt the dog might have been just a little provoked at the time, by Mr. Williams who had climbed over the fence into the yard and was shooting it repeatedly with a pellet gun.

********************************* 3rd Place

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster, Pennsylvania , $113,500 after she slipped on a soft drink and broke her coccyx (tailbone). The beverage was on the floor because Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argument.

********************* 2nd Place

Kara Walton of Claymont, Delaware, successfully sued the owner of a Night Club in a neighboring city when she fell from the bathroom window to the floor and knocked out her two front teeth. This occurred while Ms.Walton was trying to sneak through the window in the ladies room to avoid paying the $3.50 cover charge. She was awarded $12,000 and dental expenses.

****************************** 1st Place

This year's runaway winner was Mrs. Merv Grazinski of Oklahoma City,
Oklahoma. Mrs. Grazinski purchased a brand new 32-foot Winnebago motor home. On her first trip home, (from an OU football game), having driven on to the freeway, she set the cruise control at 70 mph and calmly left the drivers seat to go into the back & make herself a sandwich. Not surprisingly, the RV left the freeway, crashed and overturned. Mrs. Grazinski sued Winnebago for not advising her in the owner's manual that she couldn't actually do this. The jury awarded her $1,750,000 plus a new motor home.The company actually changed their manuals on the basis of this suit, just in case there were any other complete morons around.

cmvsm
Oct 3, 2007, 06:24 AM
They need to start getting smart with these frivolous lawsuits. If someone should bring one of these against a business or individual, if they lose, they have to pay everyone's fees, including those that they sued. If this were the case where Apple's legal fees had to be paid, she'd be on skid row afterwards.

twoodcc
Oct 3, 2007, 06:36 AM
good luck to her. even if she wins, i don't think she'll get $1 million. but who knows....i really don't think she'll win though

Genghis Khan
Oct 3, 2007, 07:49 AM
so where does she get this $1,000,000 from?

isn't it a little too perfect a number?


also...is it just for her, if so - wtf!?!...if not - petty claim

zioxide
Oct 3, 2007, 08:47 AM
SOMEBODY CALL THE ****ING WAAAAAAAAAHMBULANCE.


gonna laugh when this bitch goes broke because of legal fees. Stupid bitch just trying to make money instead of getting a real ****ing job.

slicecom
Oct 3, 2007, 09:25 AM
God Bless America.

baby duck monge
Oct 3, 2007, 09:54 AM
Welcome to a losing case, lady.


15 U.S.C.A. § 13(a) Price; selection of customers


It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States[b] or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: [b]Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade: And provided further, That nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.


Shortest version of the info I can give you - complete with easy-to-read bolding.

tgildred
Oct 3, 2007, 11:59 AM
If you find Americans' unfettered access to the legal system to be such an abomination, I'm sure there are a few billion people that would gladly change places with you.

As funny/infuriating as these types of stories are, they speak to the decency of the individuals involved and not the integrity of the American legal system and its principles. If there is any collective shame to be had, it would be on the attorneys who make their "bread and butter" from these types of lawsuits.

Bravo, sir. Bravo. You can't see it, but I just stood up and started clapping.

ozziegn
Oct 3, 2007, 12:01 PM
What is the percentage, exactly, of people here in our fair country that are capable of taking responsibility for their own actions anymore?



what's the percentage? probably somewhere in the .000000000000000001% range. ------> how sad is that?

unfortunately, ignorance can be (and is often quite) used as an excuse to sue someone for something that should have zero merrit in a grand society like ours that we hold so dearly.

this is the reason why I hold EXTREME capital punishment so dearly in my opinion. other countries cut peoples' hands off as punishment for doing very bad crimes. I'd vote for the same policey here in America in a heartbeat if I could.

in other words, you play, you're gonna have to pay. ;)

balamw
Oct 3, 2007, 12:11 PM
what's the percentage? probably somewhere in the .000000000000000001% range. ------> how sad is that?
Given that there are only ~6,000,000,000 people in the world, this doesn't allow for any responsible people at all. The number you posted is 1:100,000,000,000,000,000,000 i.e. about 12 orders of magnitude larger than the population of the US.

(I know it was hyperbole, but it irks me when numbers people make up aren't remotely consistent with reality.)

B

SthrnCmfrtr
Oct 3, 2007, 02:22 PM
The Stella Awards are named after 81 year-old Stella Liebeck who spilled hot coffee on herself and successfully sued McDonald's. That case inspired the Stella Awards for the most frivolous, ridiculous, successful lawsuits in the United States.

http://www.stellaawards.com/bogus.html

May it please the court: Many stories are going around the 'net saying they are "The Stella Awards". Many of these stories are false, made-up, or (sometimes) true stories with false elements added to them. It makes no sense to use false examples of real problems when there are so many true examples that illustrate the actual problem.

The sad part: despite these stories having been debunked years ago, they not only still circulate, but many reporters, columnists and radio "personalities" still talk about them as if they were true, which says a lot about their professionalism. In many outrageous cases, these lazy "news" people will even link to this site as the source of these silly lies! What a ridiculous lack of standards they have!

The most-common e-mail example is the following, which the clerk has marked "Exhibit A". We've received many, many copies of it over the last few years, and no doubt you have too. You'll see what we mean by "bogus".

Use some critical thinking, please.

chaser1522
Oct 3, 2007, 03:21 PM
No one made you buy an iPhone retard. Prices change all the time. That's how the tech business works. I stood in line and bought one knowing full well that they would drop in price someday. Now I have a 200.00 credit at apple for a new iMac. Maybe your just mad they were out of 8G so you had to get a 4.
No one wanted a 4 to begin with anyway. Get a life, stop wasting time, and stop trying to cash in at someone else's expense.

IJ Reilly
Oct 3, 2007, 03:40 PM
Use some critical thinking, please.

Perish the thought.

This case might make a good, real nomination for a Stella Award, though.

Not that people often collect anything by filing bizarre lawsuits, they are price we pay for an open, accessible legal system.

frederickfowles
Oct 4, 2007, 03:27 AM
How come only a million?

http://biz.yahoo.com/ap/071001/apple_iphone_lawsuit.html?.v=2

That is one crazy country you live in, can you get sued for breaking wind as well?

mozmac
Oct 4, 2007, 02:03 PM
S
T
U
P
I
D

L
A
D
Y

Naimfan
Oct 4, 2007, 04:49 PM
That case inspired the Stella Awards for the most frivolous, ridiculous, successful lawsuits in the United States.



Although the cases mentioned in the reply are all hilarious, not a single one of them. . . ever happened. You can search every jurisdiction in the United States, and nowhere will you find them.

They are, however, fabulous as comedy....

muskratboy
Oct 4, 2007, 09:29 PM
such a cliché "american" (no offence to smart americans)...


That's IT! I'm suing Canada for this affront!

(no offense to SMART canadians... if you can find one.) :)

El Bob
Oct 6, 2007, 11:42 AM
As an attorney in the U.S., I can tell you that 99% of what you people are claiming out here is more silly than any lawsuit filed against Apple.

With regard to the McDonalds case, anyone who actually took the time to review it instead of spouting off about how the case was “frivolous” in such a lemming like fashion would discover the case was meritorious. That woman deserved every penny she received.

Secondly, you people do not even know anything about the merits of this case against Apple. I guess U.S. Courts have a huge disadvantage over the populous. They actually have to wait until the evidence is presented before making a decision. You people seem to have the “inside track” as to what is really going on. The American legal system should just chuck due process and legal procedure and simply consult “Macrumors.” It is, you know, just possible this case is based on the law. I know that comes as a shock to you legal experts out here.

Third, “12(b)(6)?” Give me a break. It is a tough sell, and the case will almost certainly survive that stage.

Fourth, contingency agreements are used in more than personal injury cases. This was probably a contingency case. And the idea that lawyers file contingency cases without regard to their merit is ridiculous. In fact, contingency case are very risky to attorneys. The attorney must put up all the money, do all the work, and hope he gets paid. Attorneys use great care in taking them.

Finally, Americans and others continue to repeat this tired old claim the lawsuits are too prevalent in America. In reality, it is simply a Right Wing lie meant to convince juries that when a company is sued they should be given a break. Certainly some cases are frivolous, however, the vast majority are meritorious and maybe, just maybe, you people should consider the possibility that there is something here and you don’t know everything with your crystal balls.

Andrmgic
Oct 7, 2007, 07:15 PM
It may be true that a lot of lawsuits have merit, but suing a company for dropping the price on a product when you bought a lot of stock to re-sell at a higher price seems ridiculous. If that is indeed what she was doing, that would be what we call speculation, the same thing people always do whenever a hot new product comes out that they expect to be difficult to find.

Speculation always carries a heavy risk, and based on what has been released to the public in terms of information on the case, it sounds like she expects Apple to compensate her for lost sales and profits because she (an unauthorized reseller) couldn't make a profit on the phones she purchased. If she had entered into some sort of reseller agreement with Apple with regard to the phones and they had promised Price protection and had failed to provide it after the drop, which resulted in substantial losses for her, I could see it being a meritorious case.

IJ Reilly
Oct 7, 2007, 08:23 PM
According to the article, she bought one, 4GB iPhone.

synth3tik
Oct 7, 2007, 08:29 PM
According to the article, she bought one, 4GB iPhone.

HAHA:D Nice find.

jlongale
Oct 8, 2007, 03:53 PM
This is by far the dumbest thing i've ever heard of on the face of the planet!! First of all this lady person that thinks that she'll get a cool mil cause she cant get over the fact that everything depreciates nothing will ever hold its value especially a phone that about 2-3 million people have!! Second this isn't freaking court so why the hell am i reading a legal dispute between two people from two differrent countries?

southbark
Oct 8, 2007, 04:44 PM
The Stella Awards are named after 81 year-old Stella Liebeck who spilled hot coffee on herself and successfully sued McDonald's. That case inspired the Stella Awards for the most frivolous, ridiculous, successful lawsuits in the United States.

7th Place

Kat hleen Robertson of Austin, Texas, was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside of a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving little toddler was Ms. Robertson's son.

******************** 6 th Place

19-year-old Carl Truman of Los Angeles won $74,000 and medical expenses when his neighbor ran over his hand with a Honda Accord. Mr. Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbor's hubcaps.

******************************** 5th Place

Terrence Dickson of Bristol , Pennsylvania , was leaving a house he hadjust finished robbing by way of the garage. He was not able to get the garage door to go up since the automatic door opener was malfunctioning. He couldn't re-enter the house because the door connecting the house and garage locked when he pulled it shut. The family was on vacation, and Mr. Dickson found himself locked in the garage for eight days. He subsisted on a case of Pepsi he found, and a large bag of dry dog food. He sued the homeowner's insurance claiming the situation caused him undue mental anguish. The jury agreed to the tune of $500,000.

*************************** 4th Place

Jerry Williams of Little Rock, Arkansas, was awarded $14,500 and medical expenses after being bitten on the buttocks by his next door neighbor's beagle. The beagle was on a chain in its owner's fenced yard. The award was less than originally sought, because the jury felt the dog might have been just a little provoked at the time, by Mr. Williams who had climbed over the fence into the yard and was shooting it repeatedly with a pellet gun.

********************************* 3rd Place

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster, Pennsylvania , $113,500 after she slipped on a soft drink and broke her coccyx (tailbone). The beverage was on the floor because Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argument.

********************* 2nd Place

Kara Walton of Claymont, Delaware, successfully sued the owner of a Night Club in a neighboring city when she fell from the bathroom window to the floor and knocked out her two front teeth. This occurred while Ms.Walton was trying to sneak through the window in the ladies room to avoid paying the $3.50 cover charge. She was awarded $12,000 and dental expenses.

****************************** 1st Place

This year's runaway winner was Mrs. Merv Grazinski of Oklahoma City,
Oklahoma. Mrs. Grazinski purchased a brand new 32-foot Winnebago motor home. On her first trip home, (from an OU football game), having driven on to the freeway, she set the cruise control at 70 mph and calmly left the drivers seat to go into the back & make herself a sandwich. Not surprisingly, the RV left the freeway, crashed and overturned. Mrs. Grazinski sued Winnebago for not advising her in the owner's manual that she couldn't actually do this. The jury awarded her $1,750,000 plus a new motor home.The company actually changed their manuals on the basis of this suit, just in case there were any other complete morons around.



She could actually win or possibly settle the stella awards are proof of the stupidest lawsuits ever.For the doubters just read first place and tell me she does not have a chance

IJ Reilly
Oct 8, 2007, 04:52 PM
This is by far the dumbest thing i've ever heard of on the face of the planet!!

You must be very young, or don't get out much.

She could actually win or possibly settle the stella awards are proof of the stupidest lawsuits ever.For the doubters just read first place and tell me she does not have a chance

These "cases" are all urban myths.

jlongale
Oct 8, 2007, 06:18 PM
[QUOTE=IJ Reilly;4298390]You must be very young, or don't get out much.

I think im the one who gets out since i've only been doing this forum for about 5 hours and your right i am young thankfully. and you've been doing this for how long? for 5 years? looks like your to OLD or YOU dont get out much budd.

kyrow123
Oct 9, 2007, 11:09 AM
It happens all the time and will always continue to happen. Just embrace it and join the crusade. Let's burn this mother f'er down!!!!!!!:eek:

IJ Reilly
Oct 9, 2007, 11:11 AM
I think im the one who gets out since i've only been doing this forum for about 5 hours and your right i am young thankfully. and you've been doing this for how long? for 5 years? looks like your to OLD or YOU dont get out much budd.

Practically ancient.

skunk
Oct 9, 2007, 11:15 AM
Practically ancient.I think the appropriate response is: "Why, I oughtta....!", followed by a prolonged bout of wheezing from the exertion. :rolleyes:

IJ Reilly
Oct 9, 2007, 11:53 AM
I think the appropriate response is: "Why, I oughtta....!", followed by a prolonged bout of wheezing from the exertion. :rolleyes:

You're right of course, and I would have remembered but for the Alzheimer's.

MacinDoc
Oct 9, 2007, 12:17 PM
Almost all tech-based consumer items drop in price from the time they are introduced until the time they are discontinued. There is no reason to expect that the iPhone is any different. Only a dysfunctional jury could find in the plaintiff's favor in this case.

El Bob
Oct 11, 2007, 10:26 AM
She could actually win or possibly settle the stella awards are proof of the stupidest lawsuits ever.For the doubters just read first place and tell me she does not have a chance

This is a perfect example of stories being summarized in a way that casts poor light on them and the American legal system and then get repeated, distorted, repeated, etc. Your seven stories are basically fiction. The McDonalds case, as an example, was a case that should have been brought much sooner - others would not have been injured.

These “cases” demonstrate that people love to find injustice where no injustice has occurred. And while I understand there are always the ignorant out there who choose to remain so, for those interested in seeing how a meritorious case can be distorted by those hoping to discredit the American legal system, read the real story at the link below. McDonalds got exactly what they deserved. (And they probably should have had to pay more.)

http://www.lectlaw.com/files/cur78.htm