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Justice MONTHLY
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JANUARY 2020
Trey’s Favorite Things THE SMALL BUSINESSES THAT MAKE ALBANY FEEL LIKE HOME
I’m proud to call Albany, Georgia, home. Whether it was finding blue holes with my friends as a kid, escaping to our gorgeous wildlife, or exploring our downtown, I’ve always been grateful to have my roots firmly planted in Albany. As a member of Albany’s small-business community, I’m also honored to support the local businesses that call our city home. It’s important to help our neighbors and honor the sense of community these restaurants and establishments bring to our little city. I’m proud to personally know some of the owners of these businesses, and I will gladly take my business to them — especially when the food and company are some of the best in Georgia!
As Georgians know, there’s no place quite as fun as the patio. I like to sit out on the patio at Harvest Moon, either gathered around the heater with some friends and a few beers or searching for shade in the summer heat. Harvest Moon is a great place to cheer on the Falcons or the Braves, too. I will often head to Harvest Moon or Locos Grill & Pub if I want to catch the game with local fans and enjoy a few rounds. When I’m looking for a quiet night in, I head to the walking path near the Flint River. I’m fortunate enough to live near the path, and it’s peaceful to spend an evening or afternoon walking along the water’s edge. I’ll often take Rawson with me, and that old dog’s excitement about a walk along the river is reason enough to go! I wish more people would take advantage of this great local attraction.
Harvest Moon
Living so close to the coast affords us the opportunity to enjoy fresh seafood on a regular basis. After a long day of work, I often head to Catch Seafood Grill & Oyster Bar for some fresh oysters, or I pay a visit to Mr. Kim at Mikata Japanese Steakhouse and Sushi Bar for sushi and a beer. Nothing really compares to taking the edge off in these familiar local joints, especially when I’m enjoying all their amazing dishes! Of course, if you have lived in Albany long enough, I’m sure you know Mr. Kim. He has been at Mikata for as long as I can remember, and I know he works from open to close every day. He’s a friendly face after a rough day, and he’s a local staple for this great restaurant.
Loco's Grill & Pub
Catch Seafood Grill & Oyster Bar
Flint River walking path
I feel incredibly lucky to have called Albany home nearly my entire life. I can’t imagine living anywhere else, and I’m grateful to be part of a community with a vibrant small-business scene. I certainly encourage you to check out some of these local places, and if you do, let me know what you think!
And, to my fellow small-business owners: Thank you for serving our community!
Mikata Japanese Steakhouse and Sushi Bar
-William F. “Trey” Underwood, III
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HOW ONE JUDGE LOST A FRIVOLOUS LAWSUIT AND HIS DIGNITY WHO WEARS THE PANTS? LADY JUSTICE!
After losing an article of clothing from a dry cleaner, most would say “c’est la vie” and move on. At most, someone might leave a bad review and ask for a few dollars to cover the loss, but for one administrative
After the initial allegations, the dry cleaners scoured their business to find the pants and, to their credit, found the judge’s trousers untarnished. Even so, Pearson argued that he didn’t need to prove the pants were lost or damaged to satisfy his “satisfaction guaranteed” claim.
law judge, that wasn't enough. He decided instead to launch an all-out legal battle. Roy Pearson, a Washington, D.C., judge at the time, sought $54 million to cover the loss of his pants after his dry cleaner lost them. He argued that the “same- day service” sign located in the window of the dry cleaners meant that the company had to provide same-day service. However, Pearson
Unfortunately for the judge, the court found his position to be ridiculous and ordered him to pay the dry cleaner’s attorneys’ fees. In response, Pearson sought that his own attorneys’ fees be covered to oppose this motion.
In the end, Pearson did pay the dry cleaner’s legal fees, but the case isn’t the only thing he lost. The verdict also cost the judge his job and any semblance of professional dignity. Ten years after the case closed, the District of Columbia Board on Professional Responsibility sought a 90-day suspension. As the board put it, Pearson “failed to conduct an objective appraisal of the legal merits of his position. He made and continues to make arguments that no reasonable attorney would think had even a faint hope of success on the legal merits.” From a legal standpoint, we’d call this judge’s behavior “dissatisfaction guaranteed.” The Case Liebeck sought help from Texas attorney Reed Morgan, whose dedication to the Liebeck family pushed this case to fame. Morgan sued the corporation for gross negligence, and in 1994, the case began in the New Mexico District Court. Liebeck’s lawyers found reports of McDonald’s requiring its restaurants to serve coffee at a piping 180–190 degrees Fahrenheit. (Increase that by 30 degrees, and you reach boiling point.) This temperature causes third-degree burns within three seconds. In addition, the lawyers found 700 burn complaints from customers to the restaurant. However, McDonald’s argued that its coffee was meant to be enjoyed by commuters, who would be able to sip on a cooled cup of joe once they reached work. The Verdict A jury found McDonald’s to be 80% at-fault for Liebeck’s injuries, awarding her nearly $3 million. Later, the parties would settle for $600,000, which Liebeck would use for later-life care until her death in August 2004. Liebeck v. McDonald’s Restaurants continues to be a pivotal case in personal injury litigation, and it’s often a case that people point to as an example of “frivolous” lawsuits. But when you break down the facts, there’s no denying the truth: Stella Liebeck and her lawyers fought against a big corporation and won, sending the message that no negligence will go unpunished.
never specified a specific time he needed his clothes returned. He also insisted that the “satisfaction guaranteed” sign meant that the
SIP ON THAT cleaners had to satisfy a customer’s wishes without limit. Based on those arguments, he claimed the signs were fraudulent. Why the McDonald’s Coffee Case Is Pivotal for Consumers Everywhere
It’s probably the most famous case in civil law litigation. You’ve heard about it on sitcoms, late-night television, a documentary about frivolous cases, and even in a Toby Keith song, but do you know the real story behind the McDonald’s Coffee Case? The Facts In February 1992, 79-year-old Stella Liebeck ordered coffee from a McDonald’s drive-
thru. Her grandson was driving the vehicle, which did not have cupholders. As a result, Liebeck balanced the coffee between her thighs to add sweetener. The coffee spilled across Liebeck’s thighs, causing third-degree burns. Liebeck would later undergo skin grafting, an eight-day hospital stay, two years of medical treatment, a partial disability, and the need for a home-care nurse. Initially, Liebeck asked McDonald’s to cover her medical bills, which would have been no more than a few thousand dollars for the multibillion-dollar burger corporation. Instead, McDonald’s counteroffered with a mere $800.
Thank you, Stella.
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JUUL JEOPARDY Why It May Be Time to Put Down the Vape Pen
Juul e-cigarettes have been branded as a safer smoking alternative, and smokers have turned to the product hoping to curb their addiction or stop altogether. But as more reports of diseases and deaths are linked to Juuls and e-cigarettes, experts are warning consumers to not believe the hype. According to a report by the U.S. Food and Drug Administration (FDA), Juul’s attempt to market its product as a “safe” alternative to cigarettes was a false claim. There is no definitive proof, the FDA said, that would allow Juul to accurately make that claim. In fact, it’s very hard for experts to accurately distinguish just how safe or dangerous Juuls and other vape pens are because the product has only existed for a short period of time. There is no study that can definitively prove that vaping is causing harmful diseases or that it’s a safer alternative to cigarettes. Furthermore, the studies being done on vaping paint a bleak picture. Studies have found one e-liquid cartridge has just as much nicotine as one pack of cigarettes, which could mean vaping is
more addictive than cigarettes. In particular, one November 2019 study found that Juul may actually contain more nicotine than other brands of both cigarettes and e-cigarettes. In addition, a May 2019 study found that vaping could increase a person’s risk of cardiovascular diseases, much like cigarette smoking. Other studies have found links to lung disorders, neurological conditions, and psychological issues. To date, a handful of deaths have been linked to vaping, causing grave concern among parents, medical providers, and the general public. It’s too early to tell what the legal and medical ramifications of the vaping industry will be, but for now, the safest move you can make is to avoid cigarette smoking and vaping. This is a continuing saga that our experts at the Law Offices of William F. Underwood, III, P.C. are following. We Value You! At the Law Offices of William F. Underwood, III, P.C., the trust we build with our clients is our most valuable asset. To show our appreciation, we would like to thank the following clients who have referred others to us since our December newsletter: Your recommendation is greatly treasured by everyone at our office. Clients can also leave their comments on our services through Google reviews ! These statements give us critical feedback and help other clients facing stressful life situations find dependable lawyers. Previous and current clients can also receive free notary services at our office. Learn more about this service by giving us a call at 229-888-0888. Frederick Harris and Terrance Wood While it’s never easy, you can quit. For resources and to learn more about quitting smoking, visit CDC.gov or SmokeFree.gov.
A traditional New Year’s favorite in the South, Hoppin’ John includes black-eyed peas that are said to represent coins, a sign of prosperity for the coming year. It’s usually served alongside collard greens, which represent cash. Hoppin’ John
Ingredients •
1 cup dried black- eyed peas 5–6 cups water 1 dried hot pepper, optional (arbol and
Calabrian are great options) 1 smoked ham hock 1 medium onion, diced 1 cup long-grain white rice
• •
• • •
Directions 1. Wash and sort peas.
2. In a saucepan, cover peas with water, discarding any that float. 3. Add pepper, ham hock, and onion. Gently boil and cook uncovered, stirring occasionally, until peas are just tender, about 90 minutes. At this point, you should have about 2 cups of liquid remaining. 4. Add rice, cover, drop heat to low, and simmer for 20 minutes, undisturbed. 5. Remove from heat and let steam for an additional 10 minutes, still covered. 6. Remove lid, fluff with a fork, and serve.
Thank you for trusting us to serve you!
Inspired by Epicurious
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inside Take a Tour Around Albany With Trey! PAGE 1 The Curious Case of Roy Pearson’s Pants PAGE 2 How Stella Liebeck Shaped Consumers’ Rights PAGE 2 Is Juul Really That Bad for You? PAGE 3 Hoppin’ John PAGE 3 Optimize Your Business With Eric Ries PAGE 4
describes as data points, “like registered users, downloads, and raw page views.” Anyone can generate immediate hype for a product, but it's another thing to maintain constant engagement and experience growth of consumer interest. With a good MVP and continued improvement of your service or product, your business will see that growth and also retain customers. Ries’ guidance does not end with MVPs and vanity metrics; here are some other key takeaways that will keep you on the lean startup path when it's most daunting.
After reading just a few pages, it’s easy to see why everyone raves about Eric Ries’ invaluable manual “The Lean Startup: How Today’s Entrepreneurs Use Continuous Innovation to Create Radically Successful Businesses.” Ries is a fantastic writer, but two aspects of his writing style separate him from the pack of typical business writers and keep you turning pages: He is intellectually honest and cheerful about his business insights. Eric takes a common notion in business — “fail fast, succeed fast” — and breaks it down into a system that works for businesses and keeps consumers happy. “The Lean Startup” recommends the use of a minimum viable product, or MVP, to gauge demand before you embark on major product development. Forbes describes an MVP as “a product with only a basic set of features, enough to capture the attention of early adopters and make your solution unique.” If you jump into building the best product possible before measuring what your consumers actually need, you risk wasting a lot of time. Market research can tell you a lot, but MVPs can tell you even more. Plus, if your initial rollout is successful, you can respond quickly to consumer feedback and tailor your final product to specific needs. Throughout his book, Ries emphasizes the importance of consumer feedback for the success of your business, but he also warns against putting any real value in vanity metrics, which TechCrunch With Eric Ries’ ‘The Lean Startup’ JUMP-START YOUR BUSINESS
"It's the boring stuff that matters most."
"Remember if we're building something that nobody wants, it doesn't much matter if we're doing it on time and on budget."
"Customers don't care how much time something takes to build. They care only if it serves their needs." In the epilogue, Eric's intellectual honesty shines; he readily admits that some readers may take his theories as a means to justify their past business actions. But he encourages everyone to use his book instead as a guide for what they will do next in their entrepreneurial journey.
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