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Old 06-23-2017, 07:52 AM
 
10,926 posts, read 22,075,897 times
Reputation: 10570

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This guy is actually claiming damages because a 4x4 post sold by Home Depot is really 3.5x3.5, just like it's been for ages.

https://consumerist.com/2017/06/22/h...-actually-4x4/

Last edited by NHDave; 06-23-2017 at 08:00 AM..
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Old 06-23-2017, 07:57 AM
 
Location: Charleston, SC
7,101 posts, read 6,027,034 times
Reputation: 5712
Lol, good God. I feel that corporations are always walking a fine line between advertising and lying to us, but to sue them on such stupid grounds makes it harder for the real complaints out there to get noticed.
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Old 06-23-2017, 07:58 AM
 
16,774 posts, read 8,771,575 times
Reputation: 19609
Friggin lawyers should not be able to file such suits, without at least those who file frivolous suits being on the hook for the bill if a judge determines it was a waste of the courts time.

We will all wind up paying for it with higher retail prices because of the idiot plaintiffs and their dirty lawyers. Needless to say we need major Tort Reform to get these lawyers under control.
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Old 06-23-2017, 08:00 AM
 
5,444 posts, read 7,033,311 times
Reputation: 15147
People are just dumb and some lawyers and even more dumb.


Also, I would love to see some sort of law that allows the judge to determine whether or not the moron filing this suit should have to reimburse the state for wasting the court's time.
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Old 06-23-2017, 08:05 AM
 
12,942 posts, read 9,209,330 times
Reputation: 35199
Quote:
Originally Posted by headingtoDenver View Post
People are just dumb and some lawyers and even more dumb.


Also, I would love to see some sort of law that allows the judge to determine whether or not the moron filing this suit should have to reimburse the state for wasting the court's time.
These lawyers are not dumb. What they're angling for is an out of court settlement that pays them millions in attorney fees and gets the customer a buck off their next purchase at HD.


Tort reform is badly needed.
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Old 06-23-2017, 08:14 AM
 
15,859 posts, read 20,713,463 times
Reputation: 21060
Just browsed the HD website, and sure as hell, under specifications, they list the actual dimensions of a "4x4" as 3.5" x 3.5"
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Old 06-23-2017, 08:15 AM
 
28,722 posts, read 18,949,781 times
Reputation: 31037
Quote:
Originally Posted by tnff View Post
These lawyers are not dumb. What they're angling for is an out of court settlement that pays them millions in attorney fees and gets the customer a buck off their next purchase at HD.


Tort reform is badly needed.

Precisely. That's not an advertisement, that's a nominal designation. Menard's buys wood from a lumber wholesaler marked "4x4." They put it out on the sales lot marked as they bought it, 4x4.


If you buy a fence post cover, it's going to say "for 4x4 posts" and it's going to measure 3.4x3.5...which is what the 4x4 wood will actually is.
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Old 06-23-2017, 08:15 AM
 
11,557 posts, read 53,354,360 times
Reputation: 16358
Quote:
Originally Posted by headingtoDenver View Post
People are just dumb and some lawyers and even more dumb.


Also, I would love to see some sort of law that allows the judge to determine whether or not the moron filing this suit should have to reimburse the state for wasting the court's time.
See Rule 11 in the lawyer's rule book. They can be held accountable for frivolous stuff that they should have known about even if their client didn't. A sharp judge at the beginning of a trial at the opening statement could find the case so obviously frivolous as to ask the lawyers into judge's chambers and declare that he's found the lawyer in violation of Rule 11, ending the case, awarding all fees and costs borne by the defendant to be paid personally by the offending lawyer ... and potentially ending a lawyer's license to practice law.

A not very common episode, but it is part of the rules which are there to prevent a lawyer from getting the opposition to "spend their way into giving up or settling a case".

Note: I'm not a lawyer, I've just been there on the receiving end of such abuse by a lawyer representing an idiot without a clue. The lawyer even described his client as "out of control" with a claim that wasn't based in fact or law, and the lawyer simply was milking the case for whatever fees he could get from his client. I was forced to spend high 5-figures to defend myself from the completely bogus suit. The other lawyer knew he didn't have the facts or the law on his side, he just had a delusional client who wished to see things "right" in accordance with his views as to what everybody else owed him and I was gonna' be "made to pay" to make it happen for him.

For you lawyers out there on C-D ... yes, I know this is somewhat of a layman's oversimplification of the Rules and how they affect the practice of law. But the essence of Rule 11 is what I'm trying to address here for the headingtoDenver post.
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Old 06-23-2017, 08:20 AM
 
5,444 posts, read 7,033,311 times
Reputation: 15147
Quote:
Originally Posted by tnff View Post
These lawyers are not dumb. What they're angling for is an out of court settlement that pays them millions in attorney fees and gets the customer a buck off their next purchase at HD.


Tort reform is badly needed.
My thought is that there is no way in hell that HD or Menards would settle in this case. Why would they? It is common knowledge that these wood sizes are not the exact measurement. If you don't know this, you have no business being the lumber section of any store.
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Old 06-23-2017, 08:40 AM
 
Location: South Carolina
14,784 posts, read 24,185,060 times
Reputation: 27096
yes our world is going to hell in a handbasket quicker and quicker everyday , and lawyers sure don't help the issue .
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