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Dennis M. Kennedy Dennis M. Kennedy
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Marty Schwimmer Marty Schwimmer
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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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October 20, 2005

OverLawyered on the McDonald's Coffee Case

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Posted by Marty Schwimmer

In my experience, if there is one U.S. case that non-U.S. lawyers are aware of (and want to ask you about in incredulous tones at cocktail parties), it is the McDonald's Hot Cup of Coffee case. OverLawyered discusses.

Comments (2) + TrackBacks (0) | Category: Provocations


COMMENTS

1. ECSESquire on September 1, 2006 4:11 PM writes...

yes, this one has "legs." I still get asked about it.

here's what I say!

Poor Stella. she did a totally foreseeable thing--anyone remember their tort theory???-- in a drive thru window. She put a cup of coffee between her legs. It spilled. She had to have skin grafts and she asked MacD's to pay her medical bills. (El Toro would have.)

They refused, and the case went to trial. The jury was told that the coffee was over the proper temp and McD's had been REPEATEDLY WARNED!!!

They apportioned fault. Poor Stella took her fair share.


I am ashamed that lawyers, who are theoretically capable of critical thinking the public does not grok, cannot distinguish between Starbucks coffee (not drive through) and MacDonald's drive through scald-risk cum "coffee." Not that I'd drink the crap MacDonald's calls coffee anyway.

And that anyone would expect Stella to go pound sand because MacDonald's told her too... get real.

YOU wouldn't!!!!!

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2. Fat Bastard on February 21, 2007 6:42 PM writes...

ECSESquire, you ignorant slut. Coffee is hot, whether you get it at a drive-through or at the counter. Isn't it equally foreseeable that a customer who gets their coffee at Starbucks might also put it between their legs as they drive off?

There are a few drive-through Starbucks around, anyway, and more than a few Dunkin' Donuts.

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