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Class Action Lawsuit against E-cigarette distributors

Discussion in 'Law and the E-Cigarette' started by Petrodus, Nov 18, 2010.

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  1. Petrodus

    Petrodus Vaping Master ECF Veteran

    Oct 12, 2010
    Our e-cigarette lawyers are investigating a potential class action lawsuit against the distributors of these highly dangerous products. If you smoke e-cigarettes because of claims that they are safer than traditional cigarettes, you may be entitled to compensation. Please contact one of our e-cigarette lawyers right away to protect your legal rights.

    Believe it Or Not ... Click Here
  2. Lyndagayle

    Lyndagayle Ultra Member ECF Veteran

    Apr 1, 2010
    Now this is ignorance at its best uh, worst. I guess we knew deep down it would happen. I hope they don't get a single client to represent.
  3. Friend of Atlas

    Friend of Atlas Super Member Verified Member ECF Veteran

    Oct 20, 2010
    One or two 'moles' should join the suit and dismantle it from the inside. Most likely they are not ignorant; they're just vultures feeding on the ignorance and fear of others....
  4. o4_srt

    o4_srt Super Member ECF Veteran

    Jun 2, 2010
    Lancaster, PA
    "Thousands of people - even children - use e-cigarettes in the mistaken belief that these devices pose less risk than traditional cigarettes."

  5. Cee_Jay

    Cee_Jay Super Member ECF Veteran

    Oct 16, 2010
    Rochester NY
    How convenient they don't list the carcinogens and other dangerous substances in tobacco smokes, besides not providing a DATE of action.
  6. flbutterfly1

    flbutterfly1 Ultra Member ECF Veteran

    Jun 16, 2010
    Interlachen, Florida
    Well if I am not getting an equal amount of nic per puff then I guess I better hurry and vape this whole cart.
  7. Petrodus

    Petrodus Vaping Master ECF Veteran

    Oct 12, 2010
    I Smell a RAT

    The law firm obviously did their research and knows they aren't going to get a lot of takers for their "possible" class action lawsuit. They already know they would probably loose if they filed one. So why would they attempt to find individuals willing to invent health issue stories?

    I suggest the law firm's proposal might just be a front (a smoke screen) to hide who is really behind scenes. The silent partners…Big Tobacco and Big Pharma (and others).

    We can't get the Media to air the Truth because all the news sources were bought and paid for years ago...the news we hear today is just what "They" want us to hear. No Secret.

    The opposition would be thrilled to see a major negative campaign against E-cigarettes. No better negative campaign than to have a Class Action lawsuit filed by innocent citizens with health issues caused by using E-cigarettes.

    It would be all over the TV, Radio, Newspapers, Magazines, and would be passed around the country by "concerned" citizens.

    The opposition couldn't care less if the class action was thrown out of court or not. They would have gotten what they wanted...massive negative press aimed at E-cigarettes.

    I smell a RAT
  8. StormFinch

    StormFinch Ultra Member Verified Member ECF Veteran

    Mar 22, 2010
    In a world where you can sue a furniture store for tripping over your own toddler and win? Personally I think they are simply a relatively new breed of ambulance chaser and the rat that Petrodus is smelling is the worst possible kind of lawyer. You see it on commercials now, once in practically every break. They've gone through the string of drugs known for serious adverse effects and are now trying drugs that have been around for years without showing up on the side effect radar. If they can find one person stupid enough to say they developed cancer from e-cigs even though they smoked for 20 years before picking one up, then they have a chance to make enough money to support one middle class family for a whole year. :facepalm: And really, how many people have we seen come to the forum with a list of side effects that they're blaming on e-cigs but in reality are known effects of quitting smoking? One person that doesn't have the sense to know that coffee is hot, and away we go. If nothing else, this should prove to our suppliers that they need to label their product as clearly as possible and with an eye toward user error and greedy lawyers. :(
  9. JerryRM

    JerryRM ECF Guru Verified Member ECF Veteran

    Banzaf (ASH), tried the same thing a few months ago, he got so desperate that he even posted his "lawsuit" on Craig's List. I haven't heard of anyone accepting his offer.
  10. Petrodus

    Petrodus Vaping Master ECF Veteran

    Oct 12, 2010
    Priceless! (pun intended)
  11. D103

    D103 Super Member ECF Veteran

    Mar 18, 2010
    cedar rapids, iowa
    Excellent points Stormfinch, I agree with your post. A very astute Heads-up to e-cigsuppliers.
  12. dk2

    dk2 Super Member ECF Veteran

    Jan 20, 2010
    I think that sites a scam to get personal info for some type of fraudulent organization looking for money or to collect data for identity theft.
  13. Petrodus

    Petrodus Vaping Master ECF Veteran

    Oct 12, 2010
    Midwest (home page): Click Here "Bios": Click Here

    The Contact link opens a page to fill out a form: Click Here
  14. kanadiankat

    kanadiankat Unregistered Supplier ECF Veteran

    Oct 14, 2010
    Alberta, Canada
    Not really familiar with US law - but don't these class action lawsuits require some big, well oiled financially secure corporation to pursue?

    And - how on earth will they ever have a case proving that cigarettes are as safe or safer than ecigs?

    Sounds like a sorry stretch of fantasy to me.
  15. sailorman

    sailorman Vaping Master ECF Veteran

    Jun 5, 2010
    The Florida Oil Coast
    Not to go O.T., but the McDonalds coffee case is not a good one to use as an example of a frivolous case and it infuriates me to see it used that way. Please do some research before falling into the corporate propaganda trap.

    Corporate media has successfully left the majority of Americans with the impression that the burned woman was just clumsy and her injuries were minor and her own fault. She should have known coffee is hot and been more careful. That is their narrative and it is totally incorrect.

    First off, the woman received serious injuries requiring extensive hospitalization and skin grafts. She was the victim, not McDonalds. This was not normally hot coffee we were dealing with.

    McD's knew full well that their coffee was dangerously hot. They had been repeatedly warned about this and had settled other cases just like that one. In the case in question, the temp. exceeded their own written guidelines. This was not just scalding hot, it was near boiling and would have cased serious injuries if it had been drank immediately. But, McD's counted on it cooling during a commute. Their cost/benefit analysis told them it would be a good temperature when drank at work by the customer after a 20 minute commute.

    The jury award was drastically reduced on appeal, and the woman barely walked away with enough to cover her hospital bills.
    This is something 99.9% of people don't know. It's no accident that they don't know it. It was buried by the media because it doesn't fit well with their propaganda campaign.

    Corporate media uses this case as a propaganda tool in their campaign to immunize themselves from the consequences of their own irresponsibility. McD's had made a cost/benefit analysis between the known risk of injuring their customers and having their coffee hot enough to draw repeat customers after a commute. Their calculations indicated that they could pay a certain amount per injury and still come out ahead financially. So they did it. That was proven in court and it incensed the jury that McD's would act with such callous indifference.

    There are many factors involved in that case that were deliberately covered up by corporate media to further their campaign against your right to sue in a court of law. Don't fall for it by repeating the lie that this was an example of lawyers run amok. That case was not frivolous and the injuries were not minor. The victim was not stupid and McDonalds was not a victim. They knew exactly what they were doing and had been warned many times before. Even the cup manufacturer told them their coffee temp. was inviting cup failure and would likely result in injuries. McD's did not care. They acted with callous indifference and the jury wanted them to pay the price for it.
  16. sailorman

    sailorman Vaping Master ECF Veteran

    Jun 5, 2010
    The Florida Oil Coast

    It is a stretch. Class action lawsuits are extremely expensive and time consuming. Recent legislation has made them even more difficult to pursue and easier to have thrown out of court entirely.

    They are so expensive that an industry has emerged just to finance them. Attorney's are put on payroll of a corporation financed by hedge funds that bet on the outcome.

    There is a suit in Kentucky against a Massey Energy, a coal mining company that has polluted the water of some 700 families, resulting in all sorts of birth defects and deaths. (This is the same notoriously scummy company that owns the mine that collapsed a year or so ago). It is being financed in just this way because the people are generally pretty poor.

    This class action against e-cigs is not just a fantasy, it's a ridiculous fantasy that will go absolutely nowhere. It may be a play to gain financing by a hedge fund. But hedge fund managers don't become billionaires by being stupid. It's a non-starter.
  17. StormFinch

    StormFinch Ultra Member Verified Member ECF Veteran

    Mar 22, 2010
    I stand corrected on the coffee reference, thank you sailorman.

    BTW, after looking up the McDonald's case I found that the last decision made for the Plaintiff was $160,000 in compensatory damages and $480,000 in punitive damages before she decided to enter into a private agreement with McDonald's that has never been disclosed. She was originally asking for $20,000 to cover the cost of her hospital bills. Hopefully the agreement allowed her to walk away with at least what the courts were going to give her.
  18. Scott Tenorman

    Scott Tenorman Senior Member ECF Veteran

    Jul 22, 2009
    Aurora, Colorado
    I am blown away by the sleazebagginess of this group of "lawyers". I wonder how they ever sleep at night.
  19. Petrodus

    Petrodus Vaping Master ECF Veteran

    Oct 12, 2010
    Your assumption is they have a conscience.
  20. Vale

    Vale Full Member

    Dec 1, 2010
    Ontario, Canada
    Actually those facts about the McDonald's coffee case are wrong...

    McDonald's coffee was at 180 degrees, which is boiling - but it is the commonly accepted and preferred temperature of coffee among aficionados and the like, as its most flavourful etc. I don't agree with this and like my coffee to be drinkable right away, as I usually go through an XL cup like water. I can't imagine most people liking it either, but I also can't imagine anybody seriously considering themself a coffee afficionado. To each their own.

    There is also another report that states her son or grandson was driving (or in the passenger; I can't remember) and the coffee was allowed to stay on her lap for a full minute or longer - she could have easily been helped, though I know no one who is especially fond of padding down his/her mother or grandmother's thighs, naked or clothed, with napkins. And yes, I know this probably wouldn't help much at a temperature that high - but who just sits there?

    At any rate, there were a number of other facts discussed about the case besides the commonly accepted "she's a clumsy person and it is her fault."

    Think of it this way: is it at all possible that this was this lady's first trip ever to McDonald's? Absolutely not. Either her or her son/grandson would've known their coffee was hot and not put it on their lap (was there not a cup holder in their vehicle?). Especially considering the fact you pointed out that McDonald's had numerous complaints/incidents involving the temp. of their coffee.

    I am not calling her stupid; accidents happen. It is a shame she had to suffer those burns, and McDonald's should've paid her her medical bills before it was taken to court - especially in a day where anyone can sue for anything and probably win.

    On the e-cig case: I haven't even received mine yet but even I'm not stupid enough to believe that 20-some chemicals could be as or more harmful as the 4000+ that are in analogs. Those would have to be the most toxic chemicals known to man, which are probably highly illegal, incredibly difficult to obtain, include cyanide, and would take the buying power of an incredibly large industry (oh, say, the tobacco industry?) to produce. Oh, wait, analogs 4000+ chems do fit that description.

    It's a way to make money and nothing else; and it's a shame to see another reminder of the common lawyer's low price. A product that could potentially save millions? Why doesn't tobacco just buy e-cigs and convert everyone? I'm not moral or political in any way, so I wouldn't mind - at least then our e-cigs wouldn't be banned everywhere with corporations like that backing them. For moralists: I don't like the tobacco industry either, it's merely an idea - the point is e-cigs need a powerful company to back them in order to survive in the corporate world of filthy lawsuits like this.

    Hopefully one day they'll catch on and replace analogs in every convenience store.
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