Janine Sugawara of California was shocked to learn that the
"crunchberries" in Captain Crunch Crunchberries cereal are not
real berries. She had been eating them for better health for four
years.
Whilst most people would be too embarrassed to tell anyone
they had believed such a stupid thing, Sugawara went
and filed a class action lawsuit against Quaker Oats, claiming that
they purposely deceived "reasonable" people into believing that
crunchberries were a real fruit. Can you have a "class" of
one?
While we are all fed up by the number of stupid lawsuits
which are allowed to progress, and which often end with ridiculous
awards, our hero, US District Judge, Morrison C. England, Jr.,
immediately dismissed the suit writing,
"Under normal circumstances, when
this Court grants a Motion to Dismiss, the Plaintiff is given a
reasonable period of time, usually twenty (20) days, in which to file
an amended complaint. In this case, however, it is simply impossible
for Plaintiff to file an amended complaint stating a claim based upon
these facts. 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."
The
specific reasons for the dismissal include:
- "Defendant
chose the moniker `Crunchberries' for its brightly colored cereal
balls. As far as this Court has been made aware, there is no such fruit
growing in the wild or occurring naturally in any part of the world.
- Sugawara's attorney had
previously failed in an attempt to sue Kellogg under a similar Fruit Loops action.
This makes him a cereal frivolous lawsuit filer.
LexisNexis
20-May-09
Click
here to see the court's decision
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