Judicial Kudos.
A huge shout out and major props to U.S. District Court Judge Morrison England, Jr. of the Eastern District of California. Here’s why.
A woman sued the manufacturer of Cap’n Crunch’s Crunch Berries cereal claiming under California law that she was mislead by the packaging and marketing of the product into believing that the cereal contained real berries (crunchberries?). The woman had been buying (and presumably eating) Cap’n Crunch’s Crunch Berries cereal for four years before filing suit.
In dismissing the claim, Judge England stated, “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.â€
Nice going, Judge England.
There are more details at Lowering the Bar.
Kind of sad that stuff like this seems to be the exception rather than the rule. In a non-backwards world, unlike the Orwellian Twilight Zone-ish Pottersville we are currently living in, a judge ruling in favor of common sense and personal responsibility wouldn’t even require props because common sense and personal responsibility would be the norm. I’m sure some ding-a-ling will come along soon and sue for damages after his car was wrecked because he was texting while driving. Give it time, it will happen.
Comment by Erica — August 22, 2009 @ 3:53 pm
I can only hope that whatever lawyer not only took this case but had the stones to bring it before a judge gets slapped down, too — maybe even sanctioned, if only for being a dumbass.
Comment by Dave Merriman — August 22, 2009 @ 10:06 pm
I’ll feed her some dingle berries.
Comment by Mr. Bingley — August 22, 2009 @ 10:07 pm
Gee, I wonder who SHE voted for in the last election. Anyone? Anyone? ***Is this thing on?***
Comment by JerseyJerry — August 23, 2009 @ 9:22 am
How did I miss this? There’s 4 pallets of that stuff in my backroom, for cryin’ out loud….
Anyway – thank GOODNESS there’s a judge on the bench with common sense!!
Comment by Tammi — August 23, 2009 @ 10:06 am
Crunchberries. Part of any nutritious breakfast.
Comment by dogette — August 23, 2009 @ 11:22 am
I see an opening in the judge’s reasoning when he said “So 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.”
Now, onward to find such a fruit to prove the merits of the suit….and the beat goes on, and the beat goes on….
Comment by Little Willie — August 23, 2009 @ 1:27 pm
“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.â€
Sad to say, there are plenty of courts and judges perfectly happy to let just that occur.
Comment by Angela — August 24, 2009 @ 9:15 am