Can a judge dismiss a frivolous lawsuit?
Man sues AMC Theatres over snack pricesJoshua Thompson, of Livonia, filed a class action lawsuit in Wayne County Circuit Court against his local AMC theater, with the aim of forcing film houses around the state to reduce their snack prices, the Detroit Free Press reported.
THEN DON'T GO THERE, MORON.
"He got tired of being taken advantage of," Thompson's lawyer, Kerry Morgan, of Wyandotte, told the newspaper. "It's hard to justify prices that are three and four times higher than anywhere else."
It's not like someone's holding a gun to this jerk's head and forcing him to buy overpriced popcorn and jujubes. If that movie theater is charging too much for concessions, go somewhere cheaper. If there are places "three and four times" cheaper, visit them. Or go to the AMC theater and don't stuff your damn face.
Seriously, why can't the judge dismiss the lawsuit and ideally threaten to disbar the idiot lawyer ambulance chaser who thought they could win this? Even if the movie theater charged a cool grand for a small popcorn, they are not forcing anyone to use their establishment nor buy their overpriced concessions.
I'd feel a little bit of sympathy if the lawsuit were aimed at places like inside airports - where a 20 ounce soda will set you back nearly $4 - because you really don't have much choice but to pay the price they decide. But a movie theater, which is 100% voluntary and for entertainment purposes in the first place? Are you kidding me?
First we had the lawsuit over the unpriced drinks. Now it's too-high concession stand prices. The mind boggles when you think about the number of ways this could go. I think I'll sue Ferarri because their sports cars are too high-priced for me. Or perhaps the new McMansions should all go for $150K, because that's affordable. At what point does the judge holler enough, dismiss the case with extreme prejudice, and have the bailiff escort the plaintiff and his lawyer off to the scourging room?
Nothing good can come of this, except perhaps for an uptick in rage production...
That is all.
11 comments:
I was semi-shocked when I moved to the U.S. that people (in general) couldn't counter-sue for court costs when hit with a stupid lawsuit like this.
If it doesn't cost you anything to file a stupid lawsuit, there's no reason NOT to.
Yes, Judges can dismiss Frivolous Lawsuits. Happens all the Time. But as to being Stuck with High Prices, ever buy Gasoline on the State-Owned Toll Roads? Gee, who's the Price Gouger in this Scenario, eh?
It will be a great day when our schools have to teach Econ 101 as a prereq for a high school diploma.
The judge can dismiss it, but probably not on his own initiative - the defendant probably has to file a response, first, and ask for summary judgment. They may also be able to ask for attorney's fees, but that would depend on state law.
Disclaimer: I am not a lawyer, just a paralegal. Nothing I say should be considered legal advise or a legal opinion.
LOL... Where DOES it end???
Well, a judge can dismiss it.
But the guy gets to file it first.
The judge can dismiss it when it gets to the first hearing, which it seems to have not done yet.
Guy filed a lawsuit and made a press release - this is a stunt.
Unless there's something he hasn't told us that presents a legal theory that somehow actually presents a tort, I expect the first judge to see it will throw it out.
"Guy filed a lawsuit and made a press release - this is a stunt."
Hey, stunts work. When Eliot Spitzer was AG of New York he managed to move some immovable Wall Street objects by announcing investigations to the press. When the numbnuts stockholders saw the news and started dumping shares, the drop in price got management's attention a lot faster than a lawsuit would have.
Duels.
Put up or shut up dude.
Its not the theatre management, folks...they will sufer the expense of defending themselves, but its NOT their fault. Here's how the movie biz works:
Theaters rent the film to show. Hollyweird gets a cut of the ticket sales also. Hollyweird has been demanding more and more of the ticket sales to cover more and more lousy films being made, and squeezing the theater owners.
Theater owners have bills to pay, so they do the only thing that the CAN do to keep Hollyweird out of its cash flow...they raise concession prices.
This is all Hollyweirds fault. SUE THE LIBERAL HOLLYWEIRD ELITES!!!!!
If it was my theater, I would post up a sign:
"Snack and drink prices have been increased due to cost of idiotic snack and drink price lawsuit by Joshua Thompson, of Livonia"
then raise the cost of everything by 50 cents. Let the idiotic publicity stunts run both ways.
Yes. The judge can dismiss this early in the case.
The defendant would file their answer to the plaintiff's complaint and move for a motion to dismiss for failure to state a cause of action (or some other reason).
Also, the defendant may be able to recover their costs. If the suit is truly frivolous, the defendant can move to recover costs. The standard varies in different states.
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