Large Man Suing White Castle Over Booth Size

Satisfying my (very) occasional cravings for White Castle sliders, I've never stepped foot into the tiny fast food chain's shoe box stores; I always blow through the drive-through window instead.  I cannot imagine the size of their booths as anything but cramped.

A New York man weighing nearly 300 pounds has filed a lawsuit against the Colombus, Ohio based company in federal court alleging violation of the Americans with Disabilities Act.  Hungry, humiliated and hurting when he slammed his knee into the metal pole beneath the, er, table, this Plaintiff is now seeking unspecified money damages.

In-house counsel ought to have a good time with this litigation.  A spokesman for the company said the store in Nanuet, NY is being replaced by one with larger booths.  In tort litigation such as this, corrective action is not held against the company.

Last night, Jay Leno suggested the man ought to protest the fast-food chain by going on a hunger strike; then perhaps he would fit into a White Castle booth.

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Remembering September 11th, 2001

I remember driving to Detroit for a child support hearing the morning of Tuesday, 09/11/2001.  I was just about downtown on I-75, when the "Imus in the Morning" show reported an odd story about a "commuter" plane that had crashed into the North Tower of the World Trade Center.

The matter was being reported in those early moments as an errant plane.  The discussion was about near misses that happen more than we realize.

As Don Imus described what he was seeing on the video monitors, his entire radio show crew erupted when the second jet struck the South Tower.  I slammed my fist into the empty passenger seat of my car, shouting in disbelief.  Along with the rest of the country, I knew instantly what was unfolding in New York was no accident.

By the time I parked my car, cleared security at the Penobscot Building, and made it up to the 9th floor to the Wayne County Friend of the Court, the Pentagon had been struck by another jet and everyone was talking about being under attack.

Everyone's plans changed that day.  Some people were saying that yet another hijacked jet was heading due West toward Cleveland and Detroit.

The FOC hearing room was packed with people associated with more than a dozen cases.  Thinking I would be trapped there all morning, I started to worry about what was happening in New York and Washington D.C.  My brother Terrance lived in Manhattan back then; was he ok?  Could I even find out?

Waiting for the Referee to take the bench, I tried Terrance's cell; no answer.  I tried a second call; this time Verizon did not even make the connection.

By a stroke of luck, my case was called first.  Just as we completed our arguments and received our ruling from the Referee, two Wayne County Sheriffs announced that the Penobscot Building was closing and instructed us to vacate in an orderly but immediate fashion.  Mine was the only case called on the docket that day.

Back on the street, all the intersections were choked with vehicles like it was 5:00 on a Friday afternoon; folks were literally fleeing the downtown area.  So this is what it feels like to be under attack in America.

Later, I found out my brother Terrance had plans to play tennis at courts located near the World Trade Center that morning; they cancelled their plans due to some puddles from a rain storm that lingered on the courts.

Thinking back on it now, while I stood there chirping to the Referee about eliminating my client's child support obligation for children that DNA results said were not even his, those heroes from Flight 93 wrestled control of their jet, executing some major league damage control from which every citizen in this country has benefitted.

In my mind at least, I have always held the belief that Flight 93 was destined for the Capitol Rotunda. We still have our beloved Capitol, the very soul of Democracy, thanks to those men and women on Flight 93.

Now, let's make it count people; we've got to make it count...

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Medical Marijuana Lawyer Seeks Further Appeal on Dispensary Case

This blog has covered the recent Michigan Court of Appeals decision in Michigan v McQueen which outlawed medical marijuana dispensaries as well as patient-to-patient pot sales.  This appeal is the latest chapter in the pot drama that has gripped our state since the passage of the referendum that legalized medicinal marijuana by a convincing 3/4 popular vote in the 2008 election.

Our readers may recall that the oral arguments in this appeal were the subject of some fanfare when journalist Eric Van Dussen sought to record the arguments, as he did in the People v Anderson medical marijuana case.  Jurisprudence in the making is certainly newsworthy; particularly when it concerns our fledgling yet tortured medical marijuana law.

Now this appeal grinds onward to the Michigan Supreme Court.  So promises Matthew R. Newburg, legal counsel to the Michigan Association of Compassion Centers, appearing as an amicus in the case.

The Court of Appeals granted Van Dussen's request to record the argument on behalf of the media; granted the Attorney General, also an amicus, 10-minutes of appellant's oral argument time; but denied Mr. Newburg's request to get in on the action at oral argument; his 10-minutes [of fame] will have to wait for another case, unless the Supreme Court grants his application for leave to appeal.

The Compassionate Apothecary claims it was simply operating a "club" of about 345 legal pot growers who "traded" various strains of medical marijuana.  In exchange for making a clubhouse available for its pot aficionado membership, Compassionate Apothecary took commissions off the top of all intramural marijuana transactions.

The intermediate appellate court ruled that the act does not authorize such commissions or transactions.  The Isabella County Prosecutor has mailed the appellate opinion to all marijuana dispensaries in the county;  advising them to cease any operations that contravene the appellate court's decision.

Going beyond the bald mechanics of his client's business model, however, Attorney Newburg told Michigan Lawyers Weekly that the MMA expressly provides for transfers from caregivers to patients and also allows patients who "grow-their-own".   The Apothecary's legal counsel also noted that the MMA is silent regarding so-called "patient-to-patient" transfers of the type that apparently went down at the club.

With those arguments in hand, the Compassionate Apothecary now proceeds to the Michigan Supreme Court.  Given the mess that this law has become, the High Court may actually take the bait and grant the Apothecary's application for leave to further appeal so they can sort it all out.

We will follow this one as it develops.  Even if the High Court declines this case, there are others building up behind it that are equally, er, "newsworthy".

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