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The general is right.
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To put this in some kind of perspective, here are the daily averages for "the other guys":
My daily average? Four.
On the other hand, I alone am married to the lovely yet talented Mrs 618, and they're not.
Therefore, I win.
This scam has been around for at least seven years. You'd think that all the restaurant chains would have made these scams known to all their employees and franchisees, if for no other reason than to head off negative publicity like this.
Part of the reason the McDonald's corporation was removed from the case was that the plaintiff was not able to prove that McDonald's breached any legally-recognized contract to protect her; additionally, the corporate attorney who acknowledged the other scams targeting McDonald's claimed those incidents were too remote in time and place to give McDonald's effective notice of the problem.
If I were the chairman of McDonald's, I would make damned sure that every corporate employee, every franchisee, and every franchisee's employee was made aware of this scam. It produces bad publicity for the company (and the franchisee), plus McDonald's will eventually run into a judge who'll say something along the lines of, "this has happened x number of times, and you're still claiming you know nothing about it? I don't think so."
[The information for this part was drawn from reports of the arguments in U. S. Circuit Court of Appeals for the 11th District. The arguments were heard on September 15.]
The McFlab Case (or, "you wanna supersize your gut with that?")I've pointed this out in the past - if you are so concerned about health food, get a clue: McDonald's ain't health food. Neither is Burger King, Wendy's, Arby's, Roy Rogers, Popeye's, Hardee's, Friendly's, Big Boy, Steak & Shake, Denny's... NONE of them. I don't care who you talk to, no one with any sense is going to claim that burgers, fries and soda will "help build strong bodies twelve ways" (and yes, Wonder Bread had to stop saying that after they got sued back in the 70's).
If you want your kids to eat healthy, cook for them yourself.
Similarly, a couple of years back, some Hindu sued McDonald's, claiming his religious beliefs were violated when McDonald's served him fries that had been cooked in grease that contained beef by-products. Again, if your religious beliefs prohibit you from eating beef, don't go to a burger joint, idiot.
In summary, it appears McDonald's got out of the first case through sheer luck (but they'd better get on the ball before the next pervert tries the same scam). The second case is a perfect example of why the trial-by-jury system actually works (since, all my bitching to the contrary notwithstanding, it really does work, at least most of the time) - did the parents rely on false and misleading advertising, or are they just blaming a "deep-pockets" corporation for their own failures? If the advertising is, in fact, found to be false, McDonald's should pay (and pay big); on the other hand, if the jury sides with McDonald's, the plaintiff should bear the entire cost of the corporation's defense.
Just as an aside: for more information on stupid/needless/retaliatory lawsuits, check out the "Stella Awards" newsletter (named after the gal who sued McDonald's for the hot coffee). It's produced by Randy Cassingham, who also is responsible for "This Is True", a compedium of incomprehensible actions gathered from around the world. He's got a couple of other good sites, too. None of the information in this post came from Cassingham's newsletters; it's just I think he deserves a plug for his efforts.
As Charlie Daniels put it:
And you never did think that it ever would happen again. In America, did you? You never did think that we'd ever get together again. Well we damn sure fooled you. We're walking real proud and we're talking real loud again in America. You never did think that it ever would happen again.
From the sound up in Long Island out to SanFrancisco Bay, and ev'ry thing that's in between them is our home. And we may have done a little bit of fighting amongst ourselves, but you outside people best leave us alone. Cause we'll all stick together and you can take that to the bank. That's the cowboys and the hippies and the rebels and the yanks. You just go and lay your head on aPittsburgh Steeler fan and I think you're gonna finally understand.
Just mailed to me from a friend:
Maybe you've heard it before but it bears repeating:President Bush was visiting a primary school and he dropped in on one of the classes, where they were in the middle of a discussion related to words and their meanings. The teacher asked the President if he would like to lead the discussion of the word "tragedy". So, the illustrious leader asked the class for an example of a "tragedy."
One little boy stood up and offered: "If my best friend, who lives on a farm, is playing in the field and a tractor runs over him and kills him that would be a tragedy." "No," said Bush, "that would be an accident."
A little girl raised her hand: "If a school bus carrying 50 children drove over a cliff, killing everyone inside, that would be a tragedy." "I'm afraid not," explained the president. "That's what we would call a great loss."
The room went silent. No other children volunteered. Bush searched the room. "Isn't there someone here who can give me an example of a tragedy?" Finally at the back of the room a small boy raised his hand. In a quiet voice he said: "If Air Force One, carrying you and Mrs. Bush, was struck by a friendly fire missile and blown to smithereens that would be a tragedy." "Fantastic!" exclaimed Bush. "That's right. And can you tell me why that would be a tragedy?" "Well," said the boy, "it has to be a tragedy, because it certainly wouldn't be a great loss and it probably wouldn't be an accident either."
Laura Bush bought her husband a parrot for his birthday, and told Dick Cheney, "The bird is so smart! George has already taugh him how to mispronounce over 200 words!"
"That's impressive, all right," Cheney said. "But you do realize that he just *says* the words, right? He doesn't understand what they mean."
"That's okay," she replied. "Neither does the parrot."
If you need proof that this administration's first priority is not a humane and effective counter-terror strategy, but a brutal, exploitative path to retaining power at any price, you just got it.
Mr. Sullivan is correct (and may I be so bold as to say that a certain blogger has pointed this out before): this kind of campaign is not about the promotion of ideas for the country, it is most assuredly the means to maintain a grasp on power for no other reason than just to be in power. The sooner we all see that and the sooner the perpetrators of that dictatorial mindset are escorted off the field, the better and safer this world will be.
The vice president said U.S. allies in Afghanistan and Iraq "have doubts" America will finish the job there. "And those doubts are encouraged, obviously, when they see the kind of debate that we've had in the United States," Cheney said. "Suggestions, for example, that we should withdraw U.S. forces from Iraq simply feed into that whole notion, validates the strategy of the terrorists."
[...] I think it's really important to work hard to get a Republican majority in the Senate[...]
The portrait of Albright is an unacceptable revision of recent history and an unfair mark on a public servant who, no matter her shortcomings, doesn’t deserve to be remembered by millions of Americans as the inadvertent (and truculent) savior of Osama bin Laden. Samuel Berger, Clinton’s national security adviser, also seems to have just cause for complaint. [NYPost, 9/8/06]
The Clintonites may have a point here. A few years ago, when the shoe was on the other foot, we were happy to see CBS scotch “The Reagans.” [OpinionJournal, /7/06]
One can (if one so chooses) give the filmmakers artistic license to [fabricate a scene]. But if that is what they have done, conservative analysts who back this movie as a historical document will mortgage their credibility doing so. [Hugh Hewitt blog, 9/6/06]
When you put somebody on the screen and say that’s Madeleine Albright and she said this in a specific conversation and she never did say it, I think it’s slanderous, I think it’s defamatory and I think that ABC and Disney should be held to account. [Fox, 9/8/06]
If the Democrats do not like what ABC wants to broadcast, they have every right to protest it — and in this case, they had a point.
[Captain Quarter’s blog, 9/7/06]
Look, “The Path to 9/11″ is strewn with a lot of problems and I think there were problems in the Clinton administration. But that’s no reason to falsify the record, falsify conversations by either the president or his leading people and you know it just shouldn’t happen. [CNN, 9/8/06]
I oppose this miniseries as well if it is fiction dressed up as fact, creates caricatures of real persons and events that are inaccurate, and inserts quotes that were not uttered, especially to make a point that was not intended. [Glenn Greewald’s blog, 9/7/06]
If people wanted to be critical of the Clinton years there’s things they could have said, but the idea that someone had bin Laden in his sights in 1998 or any other time and Sandy Berger refused to pull the trigger, there’s zero factual basis for that. [CNN, 9/7/06]
I think that if you have a scene, or two scenes, or three scenes, important scenes, that do not have any bearing on reality and you can edit them, I think they should edit them. [MSNBC, 9/6/06]
Ok, we’re talking about the run up to 9-11 and this movie that they’re re-cutting now — and they should because it puts words in the mouth of real people, actors playing real people that they didn’t say and its wrong. [O’Reilly radio show, 9/8/06]
[…] I have the entire "Path to 9/11" video. And one of the very first scenes makes it explicitly clear that American Airlines had Mohammad Atta in its grasp, warning lights flashing on the computer screen, yet the airline simply blew off the threat and helped Atta kill 3,000 Americans.
Unfortunately, it's a total lie.
Here's what the "Path to 9/11" claims American Airlines did on the morning of September 11. According to Disney/ABC, American Airlines had Mohammad Atta at its ticket counter and a warning came up on the screen when he tried to check in. The AA employee called a supervisor who kind of shrugged and said, blithely, just let him through. The first employee, shocked, turned to her supervisor and said, shouldn't we search him? The American Airlines supervisor responds, nah, just hold his luggage until he boards the plane. The scene is clearly intended to make American Airlines look negligent.
Only problem? It never happened.
First off, Disney/ABC got the airport wrong. The warning for Mohammad Atta's ticket popped up in Portland, Maine, not at Boston Logan as the tv show claims (this is on page 1 of the September 11 Commission report).
Second, the security rules at the time said nothing about searching a passenger who has a "warning" pop up, they only required that the bags be held until the passenger boarded. The Disney/ABC tv show, on the other hand, clearly tries to imply that American Airlines violated the security rules in letting Atta go. This simply isn't true. (This is also on page 1 of the report.)
But most importantly, Disney/ABC implicated the wrong airline. And I quote the Director of the FBI:
On September 11, at 6:00 AM, Mohamed Atta and Abdul Aziz al Omari boarded a U.S. Airways flight leaving Portland, Maine en route to Boston's Logan Airport.
The 9/11 Report, on page 1 of all things, makes clear that it was in Portland that Atta's warning came up. And FBI director Mueller makes clear that Atta flew US Airways Express from Portland to Boston. So, Disney/ABC, in the first ten minutes of its error-riddled tv show - a show about to be broadcast to the entire English-speaking world this Sunday - paints American Airlines as one of the most irresponsible air carriers on the planet. An air carrier that is directly responsible for killing 3,000 Americans because its own employees are too lazy to follow safety rules.And Disney/ABC got it totally wrong, defaming one of the largest airlines in the world.
And so, here on Labor Day, I say to the union members who are here, happy Labor Day, and thanks for supporting leadership that is progressive, smart, capable, and has your best interests at heart.
(1) Then God spoke all these words: (2) I am the Lord your God, who brought you out of the land of Egypt, out of the house of slavery; (3) you shall have no other gods before me. (4) You shall not make for yourself an idol, whether in the form of anything that is in heaven above, or that is on the earth beneath, or that is in the water under the earth. (5) You shall not bow down to them or worship them; for I the Lord your God am a jealous God, punishing children for the iniquity of parents, to the third and the fourth generation of those who reject me, (6) but showing steadfast love to the thousandth generation of those who love me and keep my commandments. (7) You shall not make wrongful use of the name of the Lord your God, for the LorSabbathnot acquit anyone who misuses his name. (8) Remember the sabbath day, and keep it holy. (9) Six days you shall labor and do all your work. (10) But the seventh day is a sabbath to the Lord your God; you shall not do any work: you, your son or your daughter, your male or female slave, your livestock, or the alien resident in your towns. (11) For in six days the Lord made heaven and earth, the sea, and all that is in them, but rested the seventh day; therefore the Lord blessed the sabbath day and consecrated it. (12) Honor your father and your mother, so that your days may be long in the land that the Lord your God is giving you. (13) You shall not murder. (14) You shall not commit adultery. (15) You shall not steal. (16) You shall not bear false witness against your neighbor. (17) You shall not covet your neighbor's house; you shall not covet your neighbor's wife, or male or female slave, or ox, or donkey, or anything that belongs to your neighbor.
[Exodus 20:1-17]
"A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."
George Bush, Dickless Cheney and the rest of the Administration obviously have hopes of extending their iron-fisted control over America for the next thousand years, just as Hitler viewed his regime as the start of the original "Thousand Year Reich". Their established proclivity in stealing elections, purging the electoral rolls of "suspect" classes (blacks, Hispanics, and others who tend to vote Democratic), pushing for electronic voting machines that do not have "paper trail" capabilities, discovering precincts in which the number of votes cast (for Bush) is greater than the number of eligible voters (never mind the votes cast for Democrats in those same precincts), and so on, is well-know (see here, for instance).
The Chimpster and his gang are also using other well-known tactics of previous fascist regimes: silencing the media, harassing protesters, imprisoning members of opposition groups in violation of Constitutional requirements (and international law, in the case of "enemy combantants"), warrantless searches and seizures, secret courts, etc. Just recently, a brave (and probably soon to be out-of-office) Federal judge in Detroit ruled that the warrantless spying conducted by the NSA under Bush's self-proclaimed "plenipotentiary war powers" was unconstitutional.
The Administration's spurious claims of "national security" are too numerous to go into here (but see Daily Kos, Talking Points Memo, AmericaBlog, Atrios, Digby, and countless others for the gruesome details).
In addition, much like Adolph Hitler did, George W. Bush is holding himself out as the only person capable of "saving the world". While we have not yet seen "Bush Youth", we have seen the loyalty oaths required for admission to taxpayer-funded Presidential appearances, we've seen Secret Service agents (and the initials "SS" are just as scary now as they were in the 30's and 40's) dragging "unauthorized" people out of these same taxpayer-funded appearances, we've seen Little Ricky "Man-on-Dog" Santorum using uniformed Delaware State Police officers to forcibly remove two teenagers from a book-signing at a Barnes and Noble store."Stop throwing the Constitution in my face," Bush screamed back. "It's just a Goddamned piece of paper!"
WE MUST VOTE THEM OUT OF OFFICE BEFORE THEY DESTROY US.
Days after financial services giant Morgan Stanley informed print publications that its ads must be automatically pulled from any edition containing "objectionable editorial coverage," global energy giant BP has adopted a similar press strategy.
Zero tolerance
According to a copy of a memo on the letterhead of BP's media-buying agency, WPP Group's MindShare, the global marketer has adopted a zero-tolerance policy toward negative editorial coverage. The memo cites a new BP policy document entitled "2005 BP Corporate-RFP" that demands that ad-accepting publications inform BP in advance of any news text or visuals they plan to publish that directly mention the company, a competitor or the oil-and-energy industry.
Here's the President yesterday at a campaign dinner for Tennessee Republicans: "We face an enemy that has an ideology; they believe things." You got that? We're not facing a bunch of blank slates lashing out at all tabulas not rasa. They actually believe "things." What sorts of things, you may ask? George W. Bush has the answer: "The best way to describe their ideology is to relate to you the fact that they think the opposite of the way we think."
Now, a cynical person might respond, "Oh, really? So they don't think that it's okay to hold people without charge or access to genuine legal processes, to torture them to get any information no matter how outdated or worthless, to lie to their people about the progress of a war, to use force to impose an ideology on the population?" You get the idea.
Read the whole thing here.Maybe that's the solution to Houston. Maybe that's how we make everybody happy. Leave the Katrina evacuees the fuck alone and let them integrate into the city where they AREN'T the minority, and we take all of the fucking nouveau-riche-suburbanite-white-trash republicunt yuppie-scum cocksuckers and put 'em on a fucking ISLAND, where they can't poison the water table anymore.