"Crunchberries" are not Berries, Federal Court Rules
source: http://www.news10.net/news/story.aspx?storyid=60515&catid=2
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Yes, someone actually sued PepsiCo (maker of Cap'n Crunch cereal) for misrepresentation. Poor Janine Sugawara claimed that she thought "Cap'n Crunch's Crunchberries" cereal really contained a fruit named "crunchberry." Alas, she discovered to her horror that the "crunchberries" were colorful cereal balls impregnated with strawberry fruit concentrate.
Ms. Sugawara naturally filed a putative class action on behalf of all persons similarly duped, but the Eastern District of Califonia granted Defendant's motion to dismiss, after consulting its dictionary and finding no fruit named "crunchberry."
The court's dismissal of the case contains the following sentence: "The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen."
Ms. Sugawara naturally filed a putative class action on behalf of all persons similarly duped, but the Eastern District of Califonia granted Defendant's motion to dismiss, after consulting its dictionary and finding no fruit named "crunchberry."
The court's dismissal of the case contains the following sentence: "The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen."
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chasingame
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If there is not more to this law suit than what is implied by this story, and I doubt that there is, there should be a criminal and civil response to this. Harold Hewell (the lawyer) and Sugawara should at minimum have to pay restitution for the wasted court time. Lawyers and insurance companies cost Americans enough money every year without bull-shit like this going on.
- 2 years ago
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chasingame
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shroomfairy
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What a dumbass! Come on people, please get some common sense!
- 2 years ago
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shroomfairy
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jahbini
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Does this mean that if I sell a cereal named "dingleberries" I would really have to put dingleberries in it?
- 2 years ago
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jahbini
