Franklin Gumpert addressed Federalism, Alexander Hamilton, and a bit about when and how the Feds can over-ride the States on legal decisions at the January 18, 2008 MVCA luncheon meeting.
A Federal Civil Rights lawyer for much of his distinguished career, Mr. Gumpert sited the “Federal Veterans with Disabilities Act” as an example.“It doesn’t matter whether states want it,” he said, concluding that it is the law of the land.
Gumpert then took his discussion to the people, citing the now infamous urban-legend case of the woman who sued McDonald’s for millions of dollars because she spilled their too hot coffee on herself.“The truth of the matter,” he stated, “is that McDonald’s had over 700 law suits based on their coffee being too hot.” It was consistently at least 180 degrees and would burn the esophagus of the their customers.”
The woman, he went on to explain, actually won a $2.7 million dollar judgement, plus $200,000 in punitive damages. She wound up settling for $600,000.
“Learn the facts beyond what’s thrown at you,” Gumpert stated. Most people know of this story, but believe the woman was awarded $64 million, or some such.
“Keep asking questions for evidence,” he urged. “Don’t jump to conclusions.” McDonald’s was held responsible in that case (and the many others) for their “conscious disregard for public safety”.
Whether dealing with claims, restoration, or legal issues, Gumpert emphasized “don’t be quick, be accurate. Don’t be fast, be thorough. |
