Corporations Behaving Badly

[raison de arizona]

I always worry about this sort of thing purchasing ice, which is paid for at the register, and THEN loaded into the cart on the way out.

[RTH10260]

[RTH10260]

in the aftermath of the Houston storm

‘It is outrageous:’ Senior living facility abandoned by management following storm, Mayor says

KPRC 2 Click2Houston
20 May 2024

A senior living apartment complex in Houston is accused of abandoning it’s vulnerable residents after a severe weather outbreak in Houston on Thursday.

[sugar magnolia]

Everything old is new again. They has so many that LA laws changed after Katrina to address abandoning patients at assisted living and skilled nursing facilities.

[RTH10260]

American Airlines backtracks after lawyers blame girl, 9, for not seeing hidden camera in bathroom

FOX 4 Dallas-Fort Worth
23 May 2024

The airline's attorneys wrote in an answer to the lawsuit involving the 9-year-old from Austin, “She knew or should have known [the compromised lavatory] contained a visible and illuminated recording device." But now, the airline says its outside legal counsel "made an error in the filing."

[bill_g]

Without corroborating evidence, I lean towards believing the airline, that this was outside counsel brought in by a third party (the liability insurance co), who though acting on American Airlines behalf, did not represent the airline's thoughts, desires, or opinions. Someone needs to produce the smoking gun email or other correspondence proving this defense was knowingly ordered and/or approved by the airlines.

[chancery]

I have a good deal of sympathy with outside counsel here.

Just because a plaintiff has good grounds to allege one kind of awful conduct (installing a camera in a place where she is entitled to privacy) doesn't mean that she also has a claim for a different and more intense flavor of awful conduct (installing a hidden camera), if it turns out that the camera was not in fact hidden. The rules of pleading are frequently such that competent counsel would usually feel forced plead as an affirmative defense the plaintiff's failure to notice the camera because otherwise the defendant is at risk of waiving the right to challenge trial the contention that it was hidden. Insurance counsel, who do cases like this on a volume basis, routinely assert a laundry list of affirmative defenses, many quite far-fetched, many inconsistent with others, because they need to file their answer before, often long before, they have a full understanding of the facts.

Lawyers who don't do this kind of work often snicker and sneer at the laundry list affirmative defenses pleaded by insurance counsel, and I've been guilty of this, but if we're honest, we realize that we'd do the same if we worked under the same constraints.

Obviously there are other liability perils for the airline if the camera was kind of obvious and remained in place for more than a short while; the airline might well ultimately contend that the camera was indeed so well hidden that their staff couldn't have been expected to discover it, with plaintiff's counsel disputing this. But again, insurance counsel usually don't know much, let alone everything, at the outset of the litigation, which is when they have to plead their client's affirmative defenses.

If you tell your insurance counsel that they must not assert potentially icky affirmative defenses when they're defending you against serious claims, you're not going to have insurance coverage much longer.

[much ado]

Some kinds of insurance may not be worth paying for.

If your insurance company's lawyers "succeed" in defending you against a lawsuit by the family of a nine-year-old whose pictures have been taken by a pedophile while a passenger on your airline, you may find your revenue noticeably decreased by the ensuing public relations disaster. It may be better just to pay up and settle out of court and forget about the financial "protection" offered by your insurance.

It is a very bad ploy to suggest that a nine year old girl is partly to blame for the pedophile's actions because she failed to notice a cell phone in the lavatory. Very bad.

[RTH10260]

Hertz car rentals, a never ending story ....

[chancery]

I watched the first minute, enough to be able to find the blog post the narrator was discussing, Gary Leff's View From the Wing: https://viewfromthewing.com/reader-didn ... ge-anyway/

[northland10]

I watched the first minute, enough to be able to find the blog post the narrator was discussing, Gary Leff's View From the Wing: https://viewfromthewing.com/reader-didn ... ge-anyway/

Yeah, I have reading about Hertz on the blog. There are issues with them having folks arrested for stealing due to inaccurate data I their system.

They also like to charge huge amounts for gas fillups foe Teslas.

[RTH10260]

Small business plastic surgeries

Port St. Lucie police arrest 4 people for allegedly performing botched surgeries without license

WPBF 25 News
3 days ago

Port St. Lucie police arrest 4 people for allegedly performing botched surgeries without license

[Tiredretiredlawyer]

[keith]

Can you get a license to perform botched surgeries?

[raison de arizona]

Can you get a license to perform botched surgeries?

Had they not botched the surgeries, they probably would have gotten away with not having a license.

[raison de arizona]

[AndyinPA]

[pipistrelle]

Unsigned. The courage!

And the myth rural communities are the backbone of the country.

[sugar magnolia]

Well shit. I will really miss TS.

[Suranis]

Just checked to make sure that was a real statement, which is something everyone should do these days. Here is the link:

https://corporate.tractorsupply.com/new ... fault.aspx

[pipistrelle]

Just checked to make sure that was a real statement, which is something everyone should do these days. Here is the link:

https://corporate.tractorsupply.com/new ... fault.aspx

It was on their Twitter.

[raison de arizona]

Verification is always good. And wasn’t there some motto…

[RTH10260]

They "invest in the future of rural America" ? But surely not the farmers. Maybe the families that have their home in rural environments. Far off from the main steeam centers where Home Depot and Loewes make their living. Their "tractors" suports ends with lawn mowers.

[pipistrelle]

They "invest in the future of rural America" ? But surely not the farmers. Maybe the families that have their home in rural environments. Far off from the main steeam centers where Home Depot and Loewes make their living. Their "tractors" suports ends with lawn mowers.

I dunno much about them, but they wouldn't be the first faux rural farm store.

It amuses me to go into "country" gift shops and see most of the goods are made in China.

[pipistrelle]

They "invest in the future of rural America" ? But surely not the farmers. Maybe the families that have their home in rural environments. Far off from the main steeam centers where Home Depot and Loewes make their living. Their "tractors" suports ends with lawn mowers.

The other thing is some of the "hell, yeah, I'll be back" comments seem to be coming from, shall we say, not real people. As is often the case on twitter.