When lawyers get their comeuppance

Ain’t it a grand and glorious feeling?

by Briggs

I know some really good, decent, and ethical attorneys. At least two. But it’s always nice to experience that warm glow of Schadenfreude when you see the firm of Dewey, Cheetham,and Howe get a well-deserved comeuppance.

“Following [Mad] magazine’s parody of the film The Empire Strikes Back, a letter from George Lucas’s lawyers arrived in Mad’s offices demanding that the issue be recalled for infringement on copyrighted figures. The letter further demanded that the printing plates be destroyed, and that Lucasfilm must receive all revenue from the issue plus additional punitive damages. Unbeknownst to Lucas’ lawyers, Mad had received a letter weeks earlier from Lucas himself, expressing delight over the parody and calling artist Mort Drucker and writer Dick DeBartolo “the Leonardo da Vinci and George Bernard Shaw of comic satire.” Publisher Bill Gaines made a copy of Lucas’ letter, added the handwritten notation “Gee, your boss George liked it!” across the top, and mailed it to the lawyers. Said DeBartolo, “We never heard from them again.”

Wikipedia

When I learned of this, I was reminded of the “fangs-down” letter Gary Larson received about his “Doing a little more research with that Jane Goodall tramp?” cartoon. Turns out Ms. Goodall thought the cartoon was a crackup, and it was eventually published in National Geographic’s centennial edition. (Documented in Gary Larson’s The Pre-History of the Far Side.)

Gary Larson

Then there was Beasley Allen, a Montgomery-based law firm that filed a class-action lawsuit against Taco Bell alleging their taco filling did not meet the minimum USDA qualifications to be called “beef.” Beasely Allen later dropped the suit, pointing to “changes in marketing and product disclosure” by Taco Bell.

“Bullmeat,” said Taco Bell, and published the following full-page ad in USA Today:

Beasley Allen never apologized. But law firms are not known for that little social nicety.

Back in 2015 I had my own brush with infamy (and some satisfaction), when a legal firm in Washington, DC sent me a Cease and Desist letter for supposedly maligning the manufacturer of a worthless weight-loss product called “Pro Bio-Slim.” The gory details are still around as an earlier post in this blog; I pointed out all the flaws in the request and 5 years later have yet to receive any sort of follow-up from the attorneys in question.

Like I said, you can find good attorneys out there if you turn over enough rocks. Many are, in the words of Herman Melville,

“… one of those unambitious lawyers who never addresses a jury, or in any way draws down public applause; but in the cool tranquility of a snug retreat, do a snug business among rich men’s bonds and mortgages and title-deeds.”

Melville, Herman, “Bartleby the Scrivener,” 1856

I’m grateful for legal services rendered throughout my lifetime, all the while trying to avoid the necessessity. But because the world of law is largely a world of confrontation and hostilities, the profession seems to attract a surfeit of thermonuclear douchebags, and it’s always heart-warming to see one or a number of these (the collective noun is “a litigation of attorneys”)¹ get taken to the social cleaners.

The Old Wolf has spoken.


Footnotes:

¹ Not to be taken seriously. Some others are:

  • A descent of relatives
  • A windbag of politicians (I have my own, but it’s not suitable for a family-friendly blog
  • A groan of puns

And a list, comprehensive but not complete, of these fanciful collective nouns can be found here.

Maine’s Implied Warranty Law

Implied-Warranty-1-e1519143773204

Disclaimer: I am not an attorney. For legal advice, consult your legal professional.

In light of merchants and sellers practicing deceptive douchebaggery (an Apple dealer, for instance, quoting $1,200.00 to repair a MacBook Pro that was one year out of warranty), it’s a good idea for consumers to check their state statutes.

The state of Maine has a very rigorous implied warranty law.

“It stipulates that regardless of manufacturer warranty, any item purchased new in this state must function normally for the normal expected lifespan of the item under normal usage, and the onus is on the manufacturer or reseller to prove abuse. For computers that is typically 3-5 years. It’s taken seriously enough here that there is a form on the attorney general’s website you can fill out to trigger an automatic complaint. This complaint is actually followed up on, and the consequence for outright refusal is loss of the right to operate in the state.” (With thanks to redditor /u/ijustwanttobejess).

If you download the actual statute, it’s very enlightening. The official summary:

A. Maine’s implied warranty law applies to all new or used consumer goods that are sold by merchants, except for used cars.
B. Used car dealers are allowed to disclaim implied warranty rights and typically do so on the car’s Used Car Information window sticker.
C. The Maine implied warranty law offers the following protection: if you have been sold a seriously defective product or component, even if the product has exceeded its express warranty period, then both the seller and the manufacturer can be required to repair it for you free of charge. In order to prove a breach of implied warranty you must be able to prove within the first four years from date of sale, that:
(1) The item has a serious manufacturer’s defect;
(2) You have not abused the item; and
(3) The product (or defective component of the product) is still within its useful life
(useful life will normally extend at the most four years from the time of sale).
D. It is an unfair trade practice for a merchant (except a used car dealer) to attempt to disclaim verbally or in writing your implied warranty rights and to thereby limit your rights to an express warranty.
E. Implied warranty rights and express warranty rights are often automatically transferred to second buyers.
F. If an item is defective, you should take it back to the dealer and let the dealer arrange the repairs. You should not have to be responsible for returning it to the manufacturer.

What’s more, the question of “useful life” is treated in detail (there’s more in the full document, this is just an extract)

Appliance              Low       High      Average
Dishwasher             5         14        10
Dryer, electric        12        16        14
Freezer, standard      10        22        16
Furnace, warm-air, oil 7.5       40        20
Microwave oven         5         14        11
Range, electric        10        30        17
Refrigerator           10        20        17
Washer                 12        14        13
Water heater, electric 10        18        14

 

To cite a personal example, if I toddle down to the local home-improvement store and buy a fridge, by law there’s no real reason for me to buy that extended warranty that they offer – the store, not the manufacturer, is responsible for making sure that fridge works right for at least the low end of its expected life, which is 10 years.

As they say, the devil is in the details, and lodging a complaint with the Attorney General for failure to honor implied warranty is, to me, the “thermonuclear option” – it’s there to protect consumers from gross negligence or insouciance. As a result, for the last two referigerators we bought I did get that extended warranty, because most repairmen I have spoken with have been united on the fact that ice-makers are mostly crap, and are prone to break down regularly. Both times that warranty paid for itself multiple times over in saved repair costs. It’s faster than going the legal route, saves endless hassle, and is worth the small extra expense. But that’s the only appliance I’ve ever used one for.

I chuckled to read that used-car dealers are exempt from voiding implied warranty, but there’s a certain amount of sense in that. Even the honest ones (there may be one or two) have no way of knowing what might let go next week on that sweet deal they just sold you.

bad-used-cars-lot-1-1024x579

But the takeaway here is that depending on your state, you may not be without recourse when a dealer thinks they have you by the short hairs. Check your state statutes, because forewarned is forearmed.

The Old Wolf has spoken.