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Re: Stones being sued for concert cancellation
Posted by: Mirko ()
Date: November 1, 2006 15:23

This is only possible in USA.But I hope the Stones will loose.I`ve lost a lot money this Year in Europe!



Edited 1 time(s). Last edit at 2006-11-01 15:27 by Mirko.

Re: Stones being sued for concert cancellation
Posted by: Odd-beat ()
Date: November 1, 2006 17:27

JumpingKentFlash:

>What??? The Rolling Stones have become Jabba The Hutt?<

Yeah, that's the character that springs to my mind I was trying to describe.

Re: Stones being sued for concert cancellation
Posted by: Adrian-L ()
Date: November 1, 2006 17:32




Re: Stones being sued for concert cancellation
Posted by: tussler ()
Date: November 1, 2006 18:06

Mirko Wrote:
-------------------------------------------------------
> This is only possible in USA.But I hope the Stones
> will loose.I`ve lost a lot money this Year in
> Europe!


As you I lost a lot of money, but it doesn`t help me or you that someone else get some money or revenge. If you get ill on job, do you accept that your boss or customers/clients sue you?
I was angry at the way they handle it, the lack of information, but I can`t get angry if someone get ill.
Since when did revenge help? Revenge get more troubble

Re: Stones being sued for concert cancellation
Posted by: windmelody ()
Date: November 1, 2006 18:11

If Mick was ill it is not his fault. If it is true that Casinos were informed before the fans and Mick rehearsed on friday night as I read on this board, the Stones should pay. I am not aggressive at all and I hope to hear them again next year, but some things are going to far.

suing the stones ?
Posted by: andy js ()
Date: November 1, 2006 17:04

just heard on talksport uk (apologies if its already been mentioned). that some woman in the states is suing the band for ???m for cancelling Atlanta or is it Atlantic City ???

says for 'fraud'

Re: suing the stones ?
Posted by: WMiller ()
Date: November 1, 2006 17:11

andy js Wrote:
-------------------------------------------------------
> just heard on talksport uk (apologies if its
> already been mentioned). that some woman in the
> states is suing the band for ???m for cancelling
> Atlanta or is it Atlantic City ???
>
> says for 'fraud'


Is it too much to ask that you put at least a teeny bit of effort into seeing if a thread already exists????

It's on the same freaking page for Pete's sake!!

Re: suing the stones ?
Posted by: mr edward ()
Date: November 1, 2006 17:12

Here you go: [www.iorr.org]

Re: suing the stones ?
Posted by: Adrian-L ()
Date: November 1, 2006 17:13


Re: suing the stones ?
Posted by: trainarollin ()
Date: November 1, 2006 18:04

Could I sue for the lack of enthusiasm the band put into the Emotional Rescue record?

Re: suing the stones ?
Posted by: Leonard Keringer ()
Date: November 1, 2006 18:05

trainarollin Wrote:
-------------------------------------------------------
> Could I sue for the lack of enthusiasm the band
> put into the Emotional Rescue record?


are u in the u.s?...........if that's the case.....go ahead..........but they might counter-sue you for emotional damage

Re: suing the stones ?
Posted by: J.J.Flash ()
Date: November 1, 2006 18:18

wow that's news!

Re: suing the stones ?
Posted by: retired_dog ()
Date: November 1, 2006 18:41

Leonard Keringer Wrote:
-------------------------------------------------------
> trainarollin Wrote:
> --------------------------------------------------
> -----
> > Could I sue for the lack of enthusiasm the band
> > put into the Emotional Rescue record?
>
>
> are u in the u.s?...........if
> that's the case.....go ahead..........but they
> might counter-sue you for emotional damage

Emotional damage...good you're mentioning this, I suffered from emotional damage while waiting for the Memory Hotel rarities CD which they promised to release in 1999 and which never appeared...the butchering of Rocks Off on Live Licks...the songs on Rarities which are no rarities at all...hold on for a minute, my lawyer is on the other line...



Edited 2 time(s). Last edit at 2006-11-02 11:15 by retired_dog.

Re: Stones being sued for concert cancellation
Posted by: Jed Clever ()
Date: November 2, 2006 00:23

As a litigation attorney for 16 years, I can assure you that this lawsuit will be dismissed prior to trial, either by way of demurrer or summary judgment. All these tickets contains disclaimer language stating that all shows are subject to cancellation, and that should that occur, consequential damages (e.g., travel expenses) are not recoverable by a ticket holder. I do not understand the reasoning of this suit, other than it being a publicity stunt. The danger to the plaintiffs is that they could get hit with costs of suit by the court for filing a frivolous lawsuit.

By the way, what the public doesn't hear or read about is that frivolous lawsuits are actually few and far between, because they almost always get dismissed somewhere along the litigation process and simply do not make money. A lawyer taking on frivolous cases on a contingency basis will go broke. Clients paying the attorney on an hourly basis to pursue a frivolous suit are simply pissing their money away.

And, by the way, the McDonald's lawsuit was NOT frivolous. The restaurant in question was serving “superheated” coffee that was close to boiling temperature, instead of the recommended 130-140 degrees Fahrenheit. They were superheating the coffee because you can get about 20% more coffee from the same grounds. The restaurant had been caught in this practice by home office and warned not to do it, because it was dangerous. Yet they continued doing it anyway, purely for the profit. Have you ever been handed a paper cup of near boiling coffee without warning? I bet you would drop it also. If you were in your car at a drive through, its going in your lap. The elderly plaintiff in question had to have four skin grafts due to her 3rd degree burns. Her medical bills were almost a half a million dollars. The jury that heard the case was outraged by the restaurant's reckless disregard to its patrons, in that it continued to serve superheated coffee even after being warned not to continue doing do by the head office. If this was your grandmother that this happened to, would you consider it “frivolous”?

Re: Stones being sued for concert cancellation
Posted by: WMiller ()
Date: November 2, 2006 00:31

Nice post Jed.

I'm wondering though. If the band did know that they were going to be cancelling 4 days or so prior to the concert date, but waited until the concert date to make an announcement, does that change anything in categorizing this as a frivoulous case?

I'm not interested in debating the validity of the rumors, I'm just curious about how, if they were true, the case would be viewed by the courts.

Re: Stones being sued for concert cancellation
Posted by: melillo ()
Date: November 2, 2006 00:34

I swear i hope mick loses his voice tonite at the beacon 2 songs in and has to cancel, ah sweet justice

Re: Stones being sued for concert cancellation
Posted by: WMiller ()
Date: November 2, 2006 00:36

You're a real tool, Melillo.

Hey! I think your the first person I ever called a tool. Kinda an idiotic term, but appropriate for you.



Edited 2 time(s). Last edit at 2006-11-02 00:39 by WMiller.

Re: Stones being sued for concert cancellation
Posted by: camper88 ()
Date: November 2, 2006 00:37

Jed Clever Wrote:
-------------------------------------------------------
> If this was your grandmother that
> this happened to, would you consider it
> “frivolous”?

If this were my grandmother? Yes I'd consider it frivolous; she's been dead for 40 years. No harm, no foul.


Of course I'd wonder what she was doing at a McDonald's, the food can kill ya.

But all kidding aside . . .

Espresso coffee is prepared at temperatures of about 203 degrees F, and drip coffee is often prepared at slightly below that temperature for flavour extraction (it tastes better), not to produce more coffee--coffee packages used in restaurants are premeasured and you can only fill the pot so much.

In brief, customers know that coffee is served hot, or at least they should.

By the way, what what was the damages (payment) to the elderly woman who held a styrofoam cup of coffee between her knees in a moving vehicle in an attempt to remove the lid and add cream and sugar?

My understanding is that we don't know because the case was (secretly) settled out of court.



Edited 1 time(s). Last edit at 2006-11-02 00:43 by camper88.

Re: Stones being sued for concert cancellation
Posted by: Lukester ()
Date: November 2, 2006 00:38

melillo, man, it's not cool to wish bad things upon other people.

Re: Stones being sued for concert cancellation
Posted by: MicknSteven ()
Date: November 2, 2006 00:42

The Stones arent losing money, but they are not making as much as they want. With Stadiums that can fit 50,000 people, and only half are actually paying for tickets...they are making less and trust me, the promters noticed..you can see it with all the disconts that were and are being offerd.

Re: Stones being sued for concert cancellation
Posted by: Gazza ()
Date: November 2, 2006 00:43

Jed Clever Wrote:
-------------------------------------------------------
> As a litigation attorney for 16 years, I can
> assure you that this lawsuit will be dismissed
> prior to trial, either by way of demurrer or
> summary judgment. All these tickets contains
> disclaimer language stating that all shows are
> subject to cancellation, and that should that
> occur, consequential damages (e.g., travel
> expenses) are not recoverable by a ticket holder.
> I do not understand the reasoning of this suit,
> other than it being a publicity stunt. The danger
> to the plaintiffs is that they could get hit with
> costs of suit by the court for filing a frivolous
> lawsuit.
>
>

Jed - as a point of interest and as you're someone obviously well versed in these matters, where do these people dream up these figures from? Serious question - how does someone come up with a figure of $51 million for the inconvenience of some gasoline costs, a couple of days off work and a stay in a hotel?

Re: Stones being sued for concert cancellation
Posted by: stickyfingers101 ()
Date: November 2, 2006 00:43

For those of you mocking the woman who sued McDonalds for the coffee incident....

#1...McDonalds had over 800 complaints regarding their coffee being too hot

#2...the woman had 3rd Degree Burns on her legs and GENITALS from the coffee....

#3....she originally only asked McDonalds to pay for her medical bills associated w/ hospitalization and skin grafts that were necessary due to the severity of the burns....

#4..making a mockery of her case was a main reason why Republicans were able to push Tort Reform through and put caps on the amount that corporations can be sued for in court..

do your research before you mock people....or at least try dumping scalding hot coffee on your balls and/or vagina and see how it feels...

Re: Stones being sued for concert cancellation
Posted by: Gazza ()
Date: November 2, 2006 00:46

stickyfingers101 Wrote:
-------------------------------------------------------
>or at
> least try dumping scalding hot coffee on your
> balls and/or vagina and see how it feels...

ok, folks - are there any hermaphrodites out there who can tell us how painful this can be? winking smiley

Re: Stones being sued for concert cancellation
Posted by: camper88 ()
Date: November 2, 2006 00:47

melillo Wrote:
-------------------------------------------------------
> I swear i hope mick loses his voice tonite at the
> beacon 2 songs in and has to cancel, ah sweet
> justice

Justice?
An eye for an eye leaves the whole world blind.

And a tooth for a tooth leaves it eatin' oatmeal, pea soup, and peanut butter and banana milkshakes.

So be careful what you wish for, Dick Wolf.

Re: Stones being sued for concert cancellation
Posted by: Lukester ()
Date: November 2, 2006 00:50

Gazza Wrote:
-------------------------------------------------------
> stickyfingers101 Wrote:
> --------------------------------------------------
> -----
> >or at
> > least try dumping scalding hot coffee on your
> > balls and/or vagina and see how it feels...
>
> ok, folks - are there any hermaphrodites out there
> who can tell us how painful this can be? winking smiley




good one Gazza......I'm beginning to think the plaintiff may actually be a hermaphrodite....I read earlier that she had balls.

Re: Stones being sued for concert cancellation
Posted by: melillo ()
Date: November 2, 2006 00:59

mick screwed the people at AC including me, and we all know he wasnt sick so
screw him, i know it wont happen but hey ya never no, cant stand that picture of mick getting out of his limo at the beacon tonite with that smug smirk on his
face, screw him, its a disgrace what he did to the AC fans

Re: Stones being sued for concert cancellation
Posted by: Lukester ()
Date: November 2, 2006 01:05

Melillo, you have every right to be upset. I understand your pain.

In my perfect world, I like to think though that wishing the same pain on other people doesn't help.

Re: Stones being sued for concert cancellation
Posted by: melillo ()
Date: November 2, 2006 01:13

not talking about the fans, i dont mean it like that, i just want the stones to suffer, mostly mick

Re: Stones being sued for concert cancellation
Posted by: WMiller ()
Date: November 2, 2006 01:14

WTF else do you think would suffer if Mick couldn't sing, dumb-ass.

Re: Stones being sued for concert cancellation
Posted by: camper88 ()
Date: November 2, 2006 01:15

stickyfingers101 Wrote:
-------------------------------------------------------
> For those of you mocking the woman who sued
> McDonalds for the coffee incident....
>
> do your research before you mock people....or at
> least try dumping scalding hot coffee on your
> balls and/or vagina and see how it feels...

sticky,

If that's aimed at me, I'm not mocking the woman, I'm answering the question about how I'd feel if it were my (already dead) grandmother.

Jed knows, I assume, that a lawyer does best to know in advance the answer to any question that a lawyer asks.

You neglect to mention that

1. McDonald's had millions of complaints about the coffee not being hot enough*
2. Paid consultants instructed McDonald's to serve the coffee at the temperature they did, for flavour extraction.
3. 700 complaints in ten years of selling coffee (at about a billion cups a year or 10 billion in total) comes out as an accident rate of 0.007%. She had a greater chance of being in a car accident than receiving a 3rd degree burn, and of the 700 previous incidents none were close to the degree of severity of this woman's.

4. Commonly,when one brews coffee at home, one pours it and drinks it. When one gets a take-out coffee one takes it across the street, up ten floors through the office and sits at one's desk, only to be happy if it's still hot.

5. The jury found the woman to be 20% guilty for the accident, because she held a hot cup of coffee between her legs in a moving car while attempting to add cream and suger, reducing her compensatory damages from 200k to 160k because of her own liability in the event.

6. The woman (and her lawyer) settled out of court, preventing any legal precendent from being established for others who may have similarly suffered.

*in a series of focus groups after the case, customers who buy McDonald's coffee at least weekly say that "morning coffee has minimal taste requirements, but must be hot," to the point of steaming.

Gazza,

The compensation dollars for the woman with the burn was moreorless pulled out of the air: the total revenue for McDonald's sale of coffee over two days. The figure for the Stones "case" was probably drawn up with similar kind of math, But that's merely guesswork on my part.

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