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Next Time You See “Caution, May Be Hot,” Think About This.

This was posted on Tumblr recently.



But then two commentators said THIS, and set everything straight...

That's what the media smear campaign about her would have you believe, anyway. The truth of the matter is that the McDonald's in question had been previously cited - on at least two separate occasions - for keeping so hot that it violated local health and safety regulations. The lady didn't win her lawsuit because American courts are stupid; she won it because the McDonald's she bought that coffee from was actively and knowingly breaking the law with respect to the temperature of its coffee at the time of the incident.

(I mean, do any of you have any idea what a third-degree burn actually is? Third-degree burns involve "full thickness" tissue damage. We're talking bone-deep, with possible destruction of tissue. Can you even imagine how hot that cup of coffee would have to have been to inflict that kind of damage in the few seconds it came in contact with her skin?)

The woman injured was 79-years-old at the time of her injuries, and suffered third-degree burns to the pelvic region, (including thighs, buttocks, and groin), which in combination with lesser burns in the surrounding regions caused damage to an area totaling a whopping 22% of her body's surface. These injuries required two years of extensive medical care, including multiple skin grafts, during her hospitalization.

She was uninsured, and sued McDonald's for the cost of her past and projected future medical care. An estimated $20,000. The corporation offered a settlement of $800, a number so obviously ridiculous that I'm not even going to dignify it with further explanation.

The settlement number most often quoted is not the amount that the actual corporation paid; the jury in the first trial suggested a payment equal to a day or two of coffee revenues for McDonald's, which at the time equaled more than $1 million per diem. The judge reduced the required payout to around $640,000 in both compensatory and punitive damages, and the case was later settled out of court for less than $600,000.

Keep in mind that at the time, McDonald's already had over 700 cases of complaints about coffee-related burns on file, but continued to sell coffee heated to nearly 200 degrees Fahrenheit (around 90 degrees Celsius) as a means of boosting sales (their selling point was that one could buy the coffee, drive to a second location such as work or home, and still have a piping hot beverage). This, in spite of the fact that most restaurants serve coffee between 140 and 160 degrees Fahrenheit (60 to 71 degrees Celsius), and many coffee experts agree that such high temperatures are desirable only during the brewing process itself.

The Liebeck case was absolutely not an example of Litigation - happy Americans expecting corporations to cover their asses for their own stupidity, but we seem determined to remember it that way.

It's an issue of liability, and the allowable lengths of capitalism, and even the way in which our society is incredibly dangerous for, and punitive towards, the uninsured. It was and is not a frivolous suit. Please check your assumptions and do your research before you turn a burn victim's suffering into a throwaway punchline.


Check out the original here.

Well said, Tumblrs!

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Katy Perry, P!nk, Paul McCartney And More Sign Letter Threatening To Boycott SiriusXM Radio
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Hundreds of artists have signed a letter threatening a boycott if SiriusXM's parent company, Liberty Media, doesn't back down from opposing the Music Modernization Act.

The act, which was expected to pass through Congress, streamlines royalty payments in the new age of digital technology, but it seems SiriusXM is objecting to a small section that would have the satellite radio company paying royalties on recordings dating before 1972.

That's a whole lot of songs and a whole lot of money the company is hoping to skip out on paying, but not if stars like Paul McCartney, P!nk, Stevie Nicks, Sia, Carly Simon, Gloria Estefan, Mick Fleetwood, Don Henley, Max Martin, and Katy Perry can help it.

The letter read, in part:

I'm writing you with grave concern about SiriusXM's opposition to the Music Modernization Act (Classics Act included).

We are all aware of your company's objections and trepidation but let me say that this is an opportunity for SiriusXM to take a leadership position. As you are aware, 415 Representatives and 76 Senators have already cosponsored the MMA along with industry consensus. It's SiriusXM vs all of us. We can either fight to the bitter end or celebrate this victory together. Rather than watch bad press and ill will pile up against SiriusXM, why not come out supporting the most consequential music legislation in 109 years? We do not want to fight and boycott your company but we will as we have other opponents. Stand with us! Be brave and take credit for being the heroes who helped the MMA become historic law! Momentum is building against SiriusXM and you still have an opportunity to come out on the right side of history. We look forward to your endorsement but the fire is burning and only you can put this out.

SiriusXM resoponded with a letter of their own:

Over the past several weeks, we have been the subject of some stinging attacks from the music community and artists regarding our views on the Music Modernization Act. Contrary to new reports and letters, this is really not about a SiriusXM victory, but implementing some simple, reasonable and straightforward amendments to MMA. There is nothing in our "asks" that gut the MMA or kills the Act. So let's talk about the substance of the amendments we propose, because we truly do not understand the objections or why these concepts have incited such a holy war.ontrary to the accusations, SiriusXM has proposed three simple amendments to the MMA.

First, SiriusXM has asked that the CLASSICS Act recognize that it has already licensed all of the pre-1972 works it uses. This amendment would ensure that artists – the people who are supposed to be at the heart of the MMA – receive 50% of the monies under those existing licenses. Is that unfair? Just today, Neil Diamond wrote in the LA Times that: "I receive a small amount of songwriting royalties, but no royalties as the recording artist." How can that happen? To date, SiriusXM has paid nearly $250 million dollars in pre-'72 royalties to the record labels. We want to make sure that a fair share of the monies we have paid, and will pay, under these licenses gets to performers. Without this provision, artists may never see any of the money SiriusXM paid, and will pay, for the use of pre-1972 works. Artists not getting paid hurts our business!

Second, Sirius XM thinks that the fair standard to use in rate setting proceedings is the standard that Congress chose in 1995 and confirmed again in 1998 – which is called the 801(b) standard. However, we are willing to move the "willing buyer/willing seller" standard contained in the MMA. In exchange, we have asked for the same concession that the MMA grants to other digital music services, but we were left out of — simply that the rates that were set last year for five years now apply for ten years. We thought this was a fair compromise when we read the "new" MMA that was released this weekend by the Senate, and are willing to live by that compromise.

Third, SiriusXM is asking the simple question: "Why are we changing the rate court evidence standard for musical compositions in this legislation so that it gives another advantage to broadcasters over satellite radio and streaming services?" There is no policy rationale for this change to tilt the playing field further in their favor, and frankly no one has been able to explain it to us. It is only fair that we debate why the change to Section 114(i) is in the MMA.

Did you all catch that? It sounds like lawyer speak for "we don't really want to say where we stand."

media.giphy.com

It seems all the letters were for naught. The Music Modernization Act passed in the U.S. Senate.




It was time to celebrate and dance in the streets.









As the saying goes, honest pay for honest work.

media.giphy.com


H/T: Variety, Spin