PDA

View Full Version : Legal Advice for Team Lava



ioripie
01-15-12, 12:04 PM
I am an android user and I see that us android users do not get all the function as iOS users. howerver, Team lava is charging us the same rate as iOS user. this is a clearly discrimanation against all android user. I advice Team Lava to either give us android users the same treatment and function as iOS users or charge us less.

and I reserve all my legal right to take further action.

143Blue
01-15-12, 12:08 PM
hmmmm confusing :comfused: i have no idea what u said but... well andriod users lets go play some other game! lol it might give TL a BIG hint wen all those andriods go bye bye :p
Im getting the HTC phone frm andriod soon so im just not ***na download TLs game since im very impatient lol

pinkster73
01-15-12, 12:21 PM
TL actually doesn't charge anything to play.

ioripie
01-15-12, 12:25 PM
it's not as simple as all android users quiting. all android users who have paid in this game can suit for refund or monetary compensation for being discrimanated against.

@pinkster73: TL charges the same rate for gem to both android and iOS users

sumnboutme
01-15-12, 12:35 PM
it's not as simple as all android users quiting. all android users who have paid in this game can suit for refund or monetary compensation for being discrimanated against.

@pinkster73: TL charges the same rate for gem to both android and iOS users

Yes, but gem purchases are at your own discretion. I have NEVER bought any gems so the argument doesn't quite stand IMO.

pinkster73
01-15-12, 12:36 PM
People choose to buy the gems or not. There's no grounds for a suit here. Nice try though

ioripie
01-15-12, 12:44 PM
The ground is: Team Lava never has any clear annoucement before gem purchases that saying "please be awared that android users are not getting as much function as iOS users"
so customers were not clearly informed about what they are getting from the purchases. and most of them are not awared that they are not getting the exact function as iOS users.

and even if there is an annoucement like this, it still won't change the fact of discrimination.
For example, if I owes a restaurant, and I made this post on my door saying "store policy: no asian are allowed in the restaurant". it's a clear annoucement and it's my own store policy, but does it make it not discriminated? NO.

ioripie
01-15-12, 12:47 PM
well it very much depends on how the judge thinks. I am not saying that it's a 100% winning case, but we do have a case here.

pinkster73
01-15-12, 01:00 PM
Ok good luck. Let us know how your suit goes

sumnboutme
01-15-12, 01:02 PM
I don't think it's discrimination - it's just a programming issue. The android platform is relatively new so there are bound to be issues.

143Blue
01-15-12, 01:04 PM
ohhhhhhhhhhh i get it now... its a "lawsuit" well idk why its so hard for TL to give both andriod and ios the same thing....
but hey, angry birds takes off the stress lol get that too :p

ksbmommy
01-15-12, 01:05 PM
Buying gems is a choice and not required to play the game. You can still play the same FREE game without choosing to buy gems. Seriously, a lawsuit over a FREE game you chose to download and play on a device you chose to buy?

pinkster73
01-15-12, 01:06 PM
It's not discrimination. It's programming timelines and availability of programmer people (aka Android nerds :p) to do the porting from ios to Android.

143Blue
01-15-12, 01:08 PM
Buying gems is a choice and not required to play the game. You can still play the same FREE game without choosing to buy gems. Seriously, a lawsuit over a FREE game you chose to download and play on a device you chose to buy?

yeah if u dont like that TL cant give andriod things the same time just dont buy gems or quit im sure there other good games for andriod....

Rachael98
01-15-12, 01:14 PM
You have absolutely no grounds to enter legal action with Storm8 in any entity.
As you are threatening something so serious, I am sure that you have read their terms. As you obviously haven't, you can find them here (TeamLava.com/terms).
TL are doing nothing wrong, and entering into legal action with them would be foolish to say the least.

PS: as per the ToS, you do not really reserve the right to take legal action.

felicitybliss
01-15-12, 01:23 PM
You have absolutely no grounds to enter legal action with Storm8 in any entity.
As you are threatening something so serious, I am sure that you have read their terms. As you obviously haven't, you can find them here (TeamLava.com/terms).
TL are doing nothing wrong, and entering into legal action with them would be foolish to say the least.

PS: as per the ToS, you do not really reserve the right to take legal action.
I'd be careful giving this type of advice. There are people who believe TL has committed acts that can require legal action. It is quite easy to find "grounds" in most situations. People in the US (TL is governed by US law) are freely allowed to initiate legal actions as long as they have the filing fees :).

I am already aware of one pending case against apple due to the conduct of TL. Storm 8 also has settled a class action lawsuit. Obviously, it wasn't "foolish".

ksbmommy
01-15-12, 01:24 PM
There are a lot of games that are available on iOS only and not to android at all. Are you going to sue all of them for discrimination? Different platforms are different technologies. TL never makes any promises of identical experiences or parity for both platforms.

bigbux3
01-15-12, 01:26 PM
I'd be careful giving this type of advice. There are people who believe TL has committed acts that can require legal action. It is quite easy to find "grounds" in most situations. People in the US (TL is governed by US law) are freely allowed to initiate legal actions as long as they have the filing fees :).

I am already aware of one pending case against apple due to the conduct of TL. Storm 8 also has settled a class action lawsuit. Obviously, it wasn't "foolish".

Told you they don't want to be sued.

felicitybliss
01-15-12, 01:29 PM
Told you they don't want to be sued.

No one wants to be sued :). It is expensive, laborious, expensive, and generally, a pain in the behind :).

Rachael98
01-15-12, 01:40 PM
I'd be careful giving this type of advice. There are people who believe TL has committed acts that can require legal action. It is quite easy to find "grounds" in most situations. People in the US (TL is governed by US law) are freely allowed to initiate legal actions as long as they have the filing fees :).

I am already aware of one pending case against apple due to the conduct of TL. Storm 8 also has settled a class action lawsuit. Obviously, it wasn't "foolish".

They...they can???:confused:

...I really don't understand some principles in US law...:(

OK, well ignore what I said originally and make it this: "I strongly disagree with you and recommend that you do not attempt any legal action with Storm8".

I'd also point out that with everything like this: Windows/Mac etc. one platform generally gets developed first.

sumnboutme
01-15-12, 01:57 PM
They...they can???:confused:

...I really don't understand some principles in US law...:(

Yup, unfortunately we (in the US) live in such a litigious society. Some of the lawsuits are so absolutely ludicrous that you won't even believe me if I told you.

Anyway, back to topic :D

GarBear56
01-15-12, 02:04 PM
There are games on the Android platform that are not available for iOS. Does this mean I have grounds to sue the developers and Google?

Gotta love all of these armchair lawyers giving their opinion. Our society has become a gimme, gimme, gimme society and the quickest way to make a buck is to sue a corporation. And we wonder why health care, insurance, day care, etc. costs keep going up. Some day there won't be any doctors because they won't be able to afford to practice.

Lunacy. Pure lunacy; all over a free game? Make sure you never buy anything from me, I would be afraid you might sue me because I didn't give, give, give you everything.

Maybe Storm8 should just scrap the development of the Android games? I had 2 Android devices and found they were POS's. I ended up spending the money and buying an iPad.

Just saying,,,

143Blue
01-15-12, 02:10 PM
Yup, unfortunately we (in the US) live in such a litigious society. Some of the lawsuits are so absolutely ludicrous that you won't even believe me if I told you.

Anyway, back to topic :D

lol ikr in the US theres a lawsuit here and there ALL the time! this one owuldnt be as crazy as the other ones i ve heard
like the lady who sued unversial for having a scary haunt mansion LOL
oh and that family that sued a DOG for having 12 million and took 10 mil of it even though the ladys will said TO THE DOG but hey, greedy family.... the lady obvisouly didnt like them :p
anyway on topic... this lawsuit isnt quite as crazy....

felicitybliss
01-15-12, 02:11 PM
The ground is: Team Lava never has any clear annoucement before gem purchases that saying "please be awared that android users are not getting as much function as iOS users"
so customers were not clearly informed about what they are getting from the purchases. and most of them are not awared that they are not getting the exact function as iOS users.

and even if there is an annoucement like this, it still won't change the fact of discrimination.
For example, if I owes a restaurant, and I made this post on my door saying "store policy: no asian are allowed in the restaurant". it's a clear annoucement and it's my own store policy, but does it make it not discriminated? NO.
Discrimination is allowed under US law with certain exceptions (religion, gender, national origin, etc). In your example, you CANNOT discriminate against an Asian person and not serve him/her due to national origin. It is a clear cut violation of US laws and founding principles of the nation. You can put up a sign that says "no pets, except service animals". You can then discrimate by not allowing any pets into your store. You cannot bar someone with a service animal as it is against US law. As the store owner, you would quickly find yourself in legal hot water if you discrimated due to national origin.

I agree that the logic used by the OP is flawed and would probably be dismissed in court. However, the OP still has the right to sue.

pinkster73
01-15-12, 02:17 PM
Wasn't it an American woman who sued McDonald's for the coffee being too hot and she burned her lap and she actually won? Now all McDonald's coffee even here in Canada says CAUTION HOT/ CAUTION CHAUD. I'm still shaking my head at that one.

143Blue
01-15-12, 02:20 PM
Wasn't it an American woman who sued McDonald's for the coffee being too hot and she burned her lap and she actually won? Now all McDonald's coffee even here in Canada says CAUTION HOT/ CAUTION CHAUD. I'm still shaking my head at that one.

ikr!!!!! lol thaat WAS SO FUNNY!!! my mom says thier coffee isnt as hot naymore its too cold! :p lol i cant believe she won it was HER fault she spilled the darn coffee... hmmmm i dont see why this cant win if that did... but hey im only a teen not into law that much :p

pinkster73
01-15-12, 02:25 PM
ikr!!!!! lol thaat WAS SO FUNNY!!! my mom says thier coffee isnt as hot naymore its too cold! :p lol i cant believe she won it was HER fault she spilled the darn coffee... hmmmm i dont see why this cant win if that did... but hey im only a teen not into law that much :p

She got millions for that. Only in America :p

felicitybliss
01-15-12, 02:26 PM
?... Our society has become a gimme, gimme, gimme society and the quickest way to make a buck is to sue a corporation. And we wonder why health care, insurance, day care, etc. costs keep going up. Some day there won't be any doctors because they won't be able to afford to practice.

Lunacy. Pure lunacy; all over a free game? Make sure you never buy anything from me, I would be afraid you might sue me because I didn't give, give, give you everything.....

Personal accountability went out the window in the US a very long time ago. I agree that legal costs drive up the costs in every other industry. In some parts of the US, obstetricians no longer delivery babies due to the high cost of malpractice insurance. You are absolutely right about that part.

I dispute that TL games are free--lots of people have spent very real money to play. It is not a requirement to spend money, but certain features within the games do cost money. I also get tired of people complaining about the paid portions (goals that required gems, FS appliance requiring money, etc). If a player wants the paid feature, great; if they dont, great. I do not think everything should be free either. However, when TL takes real money then I expect them to conduct themselves appropriately and in accordance with governing laws.

143Blue
01-15-12, 02:28 PM
She got millions for that. Only in America :p

lol now she probably drinking starbucks coffee and soon she'll "accidently spill it" and sue them for it being to hot ROLF
shes crazy......

Rachael98
01-15-12, 02:35 PM
Reading this makes me sigh...I've never heard of a single person in the UK suing over something like this.
Is it seriously such an everyday thing to sue that you're talking about it this casually???

redbites
01-15-12, 02:39 PM
I really doubt Teamlava will be sued because as you can see the person trying to sue them can't even use correct punctuation

Rachael98
01-15-12, 02:44 PM
I really doubt Teamlava will be sued because as you can see the person trying to sue them can't even use correct punctuation

There's also the reason that they haven't really done much wrong;)

iusedtobedigusr
01-15-12, 02:47 PM
LOL, Here from web the "Top Ten Frivolous Lawsuits of 2011".

The 2012 year is finally here and we can put 2011 behind us. But, before we forget the tough year that was, let us not forget the frivolous lawsuits that were filed.

A list of the top ten lawsuits filed has been released by the United States Chamber of Commerce?s Institute for Legal Reform (ILR). The list, the Top Ten Most Ridiculous Lawsuits of 2011 was released on New Year?s Eve. The lawsuit that topped the list was one filed by a kidnapper against his victims because they did not aid him in evading the police.

?While these lawsuits vary from the outrageous to the humorous, abusive litigation is hardly a laughing matter,? said ILR President Lisa Rickard. ?ILR?s annual poll of ridiculous lawsuits helps to remind us that abusive lawsuits affect real people and real businesses, and can have harmful results to lives, jobs, and even our economic growth.?

The top ten Most Ridiculous Lawsuits of 2011 include the following:

?A kidnapped couple is sued by a convict who kidnapped them because they did not aid him in evading police.

?A bar is sued by a man who illegally carried a *** into that bar after he was injured in a fight. The lawsuit was filed by the man because the bar did not search him for a weapon.

?A mother is sued by her adult children because she sent cards that did not include gifts and because she allegedly plays favorites.

?A woman files a lawsuit asking for $5 million after she disagrees with a store over an 80 cent refund she was supposed to receive.

?A mother files a lawsuit against an exclusive preschool because of her child?s college prospects.

?A man who filed a lawsuit that claims age discrimination also said that the judge presiding over his case is too old to hear the case.

?An obese man files a lawsuit against a burger business because the booths in the establishment are too tight to squeeze into.

?A woman files a lawsuit because of a movie trailer that does not have enough driving in it. The trailer was for the movie ?Drive.?

?A lawsuit filed by a cruise ship passenger claims that the ship was moving too fast, causing it to sway from side to side.

?Chuck E. Cheese is sued by a mother who claims that the games in the establishment encourage the children there to gamble.

These lawsuits pop up all over the United States each year, but these top ten lawsuits are some of the most frivolous you will ever come across. It will be tough to top these ten lawsuits in 2012 but with the rate frivolous lawsuits are filed, it might not be that difficult.

143Blue
01-15-12, 02:54 PM
Reading this makes me sigh...I've never heard of a single person in the UK suing over something like this.
Is it seriously such an everyday thing to sue that you're talking about it this casually???

umm its REALLY sad but yes these kinds of lawsuits are like everyday. lol this is prob the least crazy one ive heard of

redbites
01-15-12, 02:57 PM
Read this blog from Tiny co. It's really quite relevant to what we are talking about and it could improve things

http://www.tinyco.com/blog.php

It would be Good if Teamlava could use it

143Blue
01-15-12, 03:03 PM
LOL, Here from web the "Top Ten Frivolous Lawsuits of 2011".

The 2012 year is finally here and we can put 2011 behind us. But, before we forget the tough year that was, let us not forget the frivolous lawsuits that were filed.

A list of the top ten lawsuits filed has been released by the United States Chamber of Commerce?s Institute for Legal Reform (ILR). The list, the Top Ten Most Ridiculous Lawsuits of 2011 was released on New Year?s Eve. The lawsuit that topped the list was one filed by a kidnapper against his victims because they did not aid him in evading the police.

?While these lawsuits vary from the outrageous to the humorous, abusive litigation is hardly a laughing matter,? said ILR President Lisa Rickard. ?ILR?s annual poll of ridiculous lawsuits helps to remind us that abusive lawsuits affect real people and real businesses, and can have harmful results to lives, jobs, and even our economic growth.?

The top ten Most Ridiculous Lawsuits of 2011 include the following:

?A kidnapped couple is sued by a convict who kidnapped them because they did not aid him in evading police.

?A bar is sued by a man who illegally carried a *** into that bar after he was injured in a fight. The lawsuit was filed by the man because the bar did not search him for a weapon.

?A mother is sued by her adult children because she sent cards that did not include gifts and because she allegedly plays favorites.

?A woman files a lawsuit asking for $5 million after she disagrees with a store over an 80 cent refund she was supposed to receive.

?A mother files a lawsuit against an exclusive preschool because of her child?s college prospects.

?A man who filed a lawsuit that claims age discrimination also said that the judge presiding over his case is too old to hear the case.

?An obese man files a lawsuit against a burger business because the booths in the establishment are too tight to squeeze into.

?A woman files a lawsuit because of a movie trailer that does not have enough driving in it. The trailer was for the movie ?Drive.?

?A lawsuit filed by a cruise ship passenger claims that the ship was moving too fast, causing it to sway from side to side.

?Chuck E. Cheese is sued by a mother who claims that the games in the establishment encourage the children there to gamble.

These lawsuits pop up all over the United States each year, but these top ten lawsuits are some of the most frivolous you will ever come across. It will be tough to top these ten lawsuits in 2012 but with the rate frivolous lawsuits are filed, it might not be that difficult.

lol what about the guy that tried to sue himself?

the lady that sued a weather station for getting sick, she got $1000

the lady tht tripped over her baby in a furniture store, got $80,000]

lol theres more but... yeah some lawsuits are crazy espicailly if they win:P

143Blue
01-15-12, 03:04 PM
Read this blog from Tiny co. It's really quite relevant to what we are talking about and it could improve things

http://www.tinyco.com/blog.php

It would be Good if Teamlava could use it


wow!!!! that article just made me download tiny co games(even though i had them bfore)

143Blue
01-15-12, 03:06 PM
Wasn't it an American woman who sued McDonald's for the coffee being too hot and she burned her lap and she actually won? Now all McDonald's coffee even here in Canada says CAUTION HOT/ CAUTION CHAUD. I'm still shaking my head at that one.

i remeber wen i was little the mcdonald playground had a loose screw or sumthing down the slide... scratched my whole back and it was bleeding and it was pretty bad... lol we told the employees and i guess they thought we might sue so they gave me free ice cream and asked a bunch of stuff lol :p

GarBear56
01-15-12, 03:27 PM
She put the cup of coffee between her knees while she was driving. I think our legal system needs major torte reform.

ioripie
01-15-12, 04:26 PM
There are games on the Android platform that are not available for iOS. Does this mean I have grounds to sue the developers and Google?

Gotta love all of these armchair lawyers giving their opinion. Our society has become a gimme, gimme, gimme society and the quickest way to make a buck is to sue a corporation. And we wonder why health care, insurance, day care, etc. costs keep going up. Some day there won't be any doctors because they won't be able to afford to practice.

Lunacy. Pure lunacy; all over a free game? Make sure you never buy anything from me, I would be afraid you might sue me because I didn't give, give, give you everything.

Maybe Storm8 should just scrap the development of the Android games? I had 2 Android devices and found they were POS's. I ended up spending the money and buying an iPad.

Just saying,,,

what makes a difference here is team lava charges the same rate for both android user and iOS user but not offering the same service/function. if a game that's only available on iOS, it apparently didn't charge anything to us android user. so there's nothing to argue about.

ioripie
01-15-12, 04:31 PM
thanks everyone for replying on my post =) please note that the topic is "legal advice", not a lawsuit. it's my advice to team lava. if I was gonna suit them, they would be getting a letter from my attorney instead.

like I said, there is a ground to suit. and there's always a ground to suit almost everything in the US. my intention was for team lava to take action to improve the situation rather than placing a lawsuit.

143Blue
01-15-12, 04:37 PM
thanks everyone for replying on my post =) please note that the topic is "legal advice", not a lawsuit. it's my advice to team lava. if I was gonna suit them, they would be getting a letter from my attorney instead.

like I said, there is a ground to suit. and there's always a ground to suit almost everything in the US. my intention was for team lava to take action to improve the situation rather than placing a lawsuit.

ohhhhh well if they dont take action WOULD u sue? :p

redbites
01-15-12, 04:37 PM
What I learnt in kindergarten is you always start a sentence with a capital letter and end it with a full stop.

pinkster73
01-15-12, 04:38 PM
ohhhhh well if they dont take action WOULD u sue? :p

It would be dismissed as a frivolous lawsuit.

pinkster73
01-15-12, 04:39 PM
What I learnt in kindergarten is you always start a sentence with a capital letter and end it with a full stop

You forgot a period at the end :p

Rachael98
01-15-12, 04:42 PM
What I learnt in kindergarten is you always start a sentence with a capital letter and end it with a full stop

Thank you. I am enlightened:p.

I really don't get this.

Sorry, why is it common to threaten legal action? What's wrong with asking? Or threatening legal action if/when no action is taken upon your request???

lynsd
01-15-12, 04:43 PM
cant belive what i have just read !!!! if you are so unhappy with the games dont play them !!! law suits ?????!!!!! get a grip its only a game.

pinkster73
01-15-12, 04:44 PM
Thank you. I am enlightened:p.

I really don't get this.

Sorry, why is it common to threaten legal action? What's wrong with asking? Or threatening legal action if/when no action is taken upon your request???

It seems to be an American thing :p

redbites
01-15-12, 04:45 PM
You forgot a period at the end :p
Is a period a full stop in American English? Because I haven't heard anyone use that before

pinkster73
01-15-12, 04:45 PM
What I learnt in kindergarten is you always start a sentence with a capital letter and end it with a full stop.

Much better :)

143Blue
01-15-12, 04:45 PM
It seems to be an American thing :p

its sad but true :(

ioripie
01-15-12, 04:45 PM
It would be dismissed as a frivolous lawsuit.

you are not the judge, you can't say it would be dismissed as a frivolous lawsuit =D even if you are a judge in real life, you need to be a judge for this case to determine wether it would be dismissed or not

pinkster73
01-15-12, 04:47 PM
Is a period a full stop in American English? Because I haven't heard anyone use that before

It is in Canadian. I don't speak American :p

redbites
01-15-12, 04:48 PM
you are not the judge, you can't say it would be dismissed as a frivolous lawsuit =D even if you are a judge in real life, you need to be a judge for this case to determine wether it would be dismissed or not
What's up with you can't you just let it go? it's a FREE phone game!! Why on earth would anyone go to so much trouble for something as small as this?

pinkster73
01-15-12, 04:48 PM
you are not the judge, you can't say it would be dismissed as a frivolous lawsuit =D even if you are a judge in real life, you need to be a judge for this case to determine wether it would be dismissed or not

I worked as a paralegal for years. I'm just saying what would VERY likely happen.

redbites
01-15-12, 04:49 PM
It is in Canadian. I don't speak American :p
Let's just say it's a North American thing

ioripie
01-15-12, 04:49 PM
Thank you. I am enlightened:p.

I really don't get this.

Sorry, why is it common to threaten legal action? What's wrong with asking? Or threatening legal action if/when no action is taken upon your request???

this is not a threat. it's a legal advice as indicated in the topic. if you keep saying I am threatening team lava while I am not, I can take legal action against you for defamation =D just kidding, but it's an example of how we can suit everything in the US......

pinkster73
01-15-12, 04:51 PM
This thread is funny

atlantisonearth
01-15-12, 04:51 PM
Hello -

The prices for the gems are the same, as well as the cost per item(s) on both iOS and Android platforms, therefor making all available options the same price. If it costed more on Andriod to buy gems - and the amount of gems for an item - you may have a chance for a lawsuit, but thats not the case here. Discrimination of cell phone devices is not against the law.

If you are so upset over this, then take action. Would you sue an airport for not having your kind of cell phone charger in a charging station? I think not.

I also dont think we should be talking about grammar or languages at this point either; you speak Australian English, redbites; Rachael98 speaks Brit English, and I speak American English so we shouldnt be arguing over the differences of other languages.

Regards,
Atlantis

redbites
01-15-12, 04:52 PM
This thread is funny
Lol I agree!! Some people need to use correct punctuation.:p

atlantisonearth
01-15-12, 04:52 PM
Wow, there are wayyy too many people posting in this thread at once. :p

ioripie
01-15-12, 04:55 PM
What's up with you can't you just let it go? it's a FREE phone game!! Why on earth would anyone go to so much trouble for something as small as this?

there are thousands people (in the US) who would go to so much trouble to suit for something as small as this on daily bases. you won't be as surprised if you work in an attorney office or court.

and please relax, thsi is just an advice, not a lawsuit.

Rachael98
01-15-12, 04:56 PM
this is not a threat. it's a legal advice as indicated in the topic. if you keep saying I am threatening team lava while I am not, I can take legal action against you for defamation =D just kidding, but it's an example of how we can suit everything in the US......

You can't actually:p.

Also, I'm not therefore sure what you were implying...:confused:.
And I still don't see why:eek:...

atlantisonearth
01-15-12, 05:20 PM
there are thousands people (in the US) who would go to so much trouble to suit for something as small as this on daily bases. you won't be as surprised if you work in an attorney office or court.

and please relax, thsi is just an advice, not a lawsuit.

Maybe file a couple lawsuits, learn some stuff, and come back. Then you can give advice.

pinkster73
01-15-12, 05:24 PM
And in the meantime don't drive with hot coffee between your thighs

sumnboutme
01-15-12, 05:38 PM
And in the meantime don't drive with hot coffee between your thighs

LOL...you are too funny pinkster. :D

felicitybliss
01-15-12, 05:40 PM
Wasn't it an American woman who sued McDonald's for the coffee being too hot and she burned her lap and she actually won? Now all McDonald's coffee even here in Canada says CAUTION HOT/ CAUTION CHAUD. I'm still shaking my head at that one.


She put the cup of coffee between her knees while she was driving. I think our legal system needs major torte reform.

I had to write a grad paper a long tiem ago on that case (tears for me :)). She was actually in the backseat in a parked car. She suffered 3rd degree burns from the coffee. Everyone tosses off this case as easy, but it is actually not.

At that time, McDonalds made their coffee to 190 degrees F, which is scalding and hot enough to create 3rd degree burns (burns into the muscle) in under 2 seconds. In a survey, all other surveyed companies (Dunkin donuts, Wendy's, starbucks, et) made coffee to 150-160 degrees F. Only McDonald's heated coffee to scalding levels. The elderly woman was treated for 2 years for her severe burns. She asked them to pay her medical bills (about 20,000 USD); Mcdonalds offered 800. Mcdonalds knew of 700 people burned by their coffee at that time the lawsuit was filed and paid over 500,000 USD to those injured people at that point.

The Jury found that the lady was 20% at fault, mcdonalds 80%. The jury made a punitive judgment of 2.7 million USD due to the reckless disregard by McDonald's. They knew their coffee produced severe burns and substantial injury. They had 700 people burned and did absolutely nothing. So, the jury hit them in the pocketbook.

In the end, the woman and McDonald settled for less than 600,000 USD. McDonald now produces hot coffee (not scalding) at 150-160 degree F. Still think it is frivolous? I am not so sure. I do agree we need major tort reform in the US, but I am not sure I would want to prevent this type of case. Corporate America needs to be controlled.....

Sometimes, companies have to be forced to change their practices. Sometimes, that takes lawsuits.

driftboutique
01-15-12, 05:42 PM
I feel the need to interject about the McDonalds coffee lawsuit -- it really was not the frivolous case most people believe it to be. Some interesting reading. (http://www.slip-and-sue.com/the-famous-infamous-mcdonalds-coffee-spill-lawsuit-revisited/)

Edit: I see felicity beat me to it :)

atlantisonearth
01-15-12, 05:42 PM
I saw that someone filed a lawsuit because their father gave both him (11 year old boy) and his sister money for clothes and all he wanted was a video game. :p

pinkster73
01-15-12, 05:47 PM
Nope I don't think the McDonald's case is frivolous anymore. Funny how all the facts like McDonald's knowing of all those other people burned wasn't as widely reported.

But for real, since then I don't put hot drinks between my thighs in a car.

atlantisonearth
01-15-12, 05:48 PM
I feel the need to interject about the McDonalds coffee lawsuit -- it really was not the frivolous case most people believe it to be. Some interesting reading. (http://www.slip-and-sue.com/the-famous-infamous-mcdonalds-coffee-spill-lawsuit-revisited/)

Edit: I see felicity beat me to it :)

Interesting indeed!


Mrs. Liebeck’s injury was anything but trivial. The scalding-hot coffee caused third-degree burns over 16% of her body, including her genital area. She had to be hospitalized for eight days. She required extensive skin grafts and was permanently scarred. She was disabled for a period of two years. During the ensuing trial, Mrs. Liebeck’s physician testified that her injury was one of the worst cases of scalding he’d ever seen.

You guys really shouldnt act as if this was a minor thing :p She really suffered some pain...

Doctor Sheriff Pinksters advice: dont put coffee in between your thighs :)

driftboutique
01-15-12, 05:50 PM
Doctor Sheriff Pinksters advice: dont put coffee in between your thighs :)

Finally, something on which we can all agree ;)

ioripie
01-15-12, 05:52 PM
I had to write a grad paper a long tiem ago on that case (tears for me :)). She was actually in the backseat in a parked car. She suffered 3rd degree burns from the coffee. Everyone tosses off this case as easy, but it is actually not.

At that time, McDonalds made their coffee to 190 degrees F, which is scalding and hot enough to create 3rd degree burns (burns into the muscle) in under 2 seconds. In a survey, all other surveyed companies (Dunkin donuts, Wendy's, starbucks, et) made coffee to 150-160 degrees F. Only McDonald's heated coffee to scalding levels. The elderly woman was treated for 2 years for her severe burns. She asked them to pay her medical bills (about 20,000 USD); Mcdonalds offered 800. Mcdonalds knew of 700 people burned by their coffee at that time the lawsuit was filed and paid over 500,000 USD to those injured people at that point.

The Jury found that the lady was 20% at fault, mcdonalds 80%. The jury made a punitive judgment of 2.7 million USD due to the reckless disregard by McDonald's. They knew their coffee produced severe burns and substantial injury. They had 700 people burned and did absolutely nothing. So, the jury hit them in the pocketbook.

In the end, the woman and McDonald settled for less than 600,000 USD. McDonald now produces hot coffee (not scalding) at 150-160 degree F. Still think it is frivolous? I am not so sure. I do agree we need major tort reform in the US, but I am not sure I would want to prevent this type of case. Corporate America needs to be controlled.....

Sometimes, companies have to be forced to change their practices. Sometimes, that takes lawsuits.


thank you for the information. I am an accountant and I don't know much about law. but as a consumer, I know if I pay the same amount of money as other users, I demand the same degree of service. and I believe it's a reasonable and valid claim here.

atlantisonearth
01-15-12, 05:53 PM
thank you for the information. I am an accountant and I don't know much about law. but as a consumer, I know if I pay the same amount of money as other users, I demand the same degree of service. and I believe it's a reasonable and valid claim here.

Im sorry, did you ignore the previous (relevant) posts?

ioripie
01-15-12, 05:56 PM
and also, for people who keep saying that people shouldn't go through so much trouble for a FREE GAME, it's not a free game if you pay.
It's your choice to purchase, but it's your right as a consumer to complain or file claim if you are not 100% satisfy with the products or service that you have received.

redbites
01-15-12, 05:57 PM
I once burnt my tongue on a Gloria jeans hot chocolate

pinkster73
01-15-12, 05:57 PM
and also, for people who keep saying that people shouldn't go through so much trouble for a FREE GAME, it's not a free game if you pay.
It's your choice to purchase, but it's your right as a consumer to complain or file claim if you are not 100% satisfy with the products or service that you have received.

That's a valid point

driftboutique
01-15-12, 05:57 PM
thank you for the information. I am an accountant and I don't know much about law. but as a consumer, I know if I pay the same amount of money as other users, I demand the same degree of service. and I believe it's a reasonable and valid claim here.

I'm curious -- if you're an accountant, why do you believe that your legal advice to TeamLava is more salient than that which is provided to them by their legal team?

pinkster73
01-15-12, 05:58 PM
I once burnt my tongue on a Gloria jeans hot chocolate

Omg you should sue! Jk

atlantisonearth
01-15-12, 06:02 PM
I'm curious -- if you're an accountant, why do you believe that your legal advice to TeamLava is more salient than that which is provided to them by their legal team?

You have a great point. I think this user should gather all information from the Terms of Service and maybe even a few books on Law before making such tall claims.

Whats the point of giving advice... are we going to file lawsuits because of what you dont like? If you want to give advice to team lava,then email support directly. Otherwise I see no purpose for this thread. What do you expect us to say?

pinkster73
01-15-12, 06:03 PM
You have a great point. I think this user should gather all information from the Terms of Service and maybe even a few books on Law before making such tall claims.

Whats the point of giving advice... are we going to file lawsuits because of what you dont like? If you want to give advice to team lava,then email support directly. Otherwise I see no purpose for this thread. What do you expect us to say?

Well, we did all learn to not drive with hot coffee between our thighs. That counts for something

ioripie
01-15-12, 06:04 PM
Im sorry, did you ignore the previous (relevant) posts?

I am under no obligation to reply all posts on this thread =D
but since you insisted, the ground of the claim is that us android user pays the same rate as iOS user, therefore, we have the right to demand the same degree of service and function as iOS users.
I have seen a lot of android users complaining on this forum but no action was taken. like felicitybliss mentioned there, sometimes, that takes lawsuits.

redbites
01-15-12, 06:05 PM
You have a great point. I think this user should gather all information from the Terms of Service and maybe even a few books on Law before making such tall claims.

Whats the point of giving advice... are we going to file lawsuits because of what you dont like? If you want to give advice to team lava,then email support directly. Otherwise I see no purpose for this thread. What do you expect us to say?

I thought this was an off topic thread :p

atlantisonearth
01-15-12, 06:07 PM
You know, it seems like one of those times when I wish I could read someones mind. Sometimes I dont understand what goes through someones head.

ioripie
01-15-12, 06:08 PM
I'm curious -- if you're an accountant, why do you believe that your legal advice to TeamLava is more salient than that which is provided to them by their legal team?

because I believe I have a valid ground here =D and believe me, there's always some sort of the flaws in every corporation disclaimation/policies. there's always something that their legal team didn't cover. if there was none, we wouldn't be seeing so much lawsuit everyday.

redbites
01-15-12, 06:09 PM
I am under no obligation to reply all posts on this thread =D
but since you insisted, the ground of the claim is that us android user pays the same rate as iOS user, therefore, we have the right to demand the same degree of service and function as iOS users.
I have seen a lot of android users complaining on this forum but no action was taken. like felicitybliss mentioned there, sometimes, that takes lawsuits.
Yeah but no one is going to file a lawsuit for something this miniscure. I wasn't complaining when Halo games weren't released on PS3 so why should you complain about content not being released on Android?

pinkster73
01-15-12, 06:09 PM
Omg I googled pictures of that woman's burns. I'm not posting one here. She deserved all the money.

ioripie
01-15-12, 06:09 PM
You have a great point. I think this user should gather all information from the Terms of Service and maybe even a few books on Law before making such tall claims.

Whats the point of giving advice... are we going to file lawsuits because of what you dont like? If you want to give advice to team lava,then email support directly. Otherwise I see no purpose for this thread. What do you expect us to say?

I didn't expect you to say anything. it's a piece of advice to team lave lol

pinkster73
01-15-12, 06:11 PM
Yeah but no one is going to file a lawsuit for something this miniscure. I wasn't complaining when Halo games weren't released on PS3 so why should you complain about content not being released on Android?

Whoa wait a minute. I fully support complaining when things aren't released to Android users.

ioripie
01-15-12, 06:12 PM
Yeah but no one is going to file a lawsuit for something this miniscure. I wasn't complaining when Halo games weren't released on PS3 so why should you complain about content not being released on Android?

aiight, did you suffer any kind of lost when Halo didn't release on PS3? did you pay them for such game and didn't receive the product or service that you expect? if you suffer no lost, what is there to argue about?
from my point of view, since we paid the same amount as iOS users, we demend to have the same degree of service so we can enjoy all the functions of the games that iOS users are enjoying.

woodlake123
01-15-12, 06:12 PM
I didn't expect you to say anything. it's a piece of advice to team lave lol

I dont recall any user requesting your expectations; it is not atlantisonearth's job to meet your expectations, either.

yo3ana
01-15-12, 06:14 PM
He's just replying atlantisonearth, I dunno why everyone seems to jump attacking here..

redbites
01-15-12, 06:16 PM
He's just replying atlantisonearth, I dunno why everyone seems to jump attacking here..
No one is attacking anyone here, we're just joking around

ioripie
01-15-12, 06:16 PM
I dont recall any user requesting your expectations; it is not atlantisonearth's job to meet your expectations, either.

no no, I said that because you said "what do you want us to say" lol

atlantisonearth
01-15-12, 06:18 PM
He's just replying atlantisonearth, I dunno why everyone seems to jump attacking here..

And is your comment not considered "jump attacking"?

Well I guess I have had my fill for this thread. Farewell

yo3ana
01-15-12, 06:24 PM
And is your comment not considered "jump attacking"?

Well I guess I have had my fill for this thread. Farewell
Yes it's jump attack. I'm scared now of your attack lol Jk

pinkster73
01-15-12, 06:34 PM
This entire thread has been very behaved and informative.

casadolce
01-15-12, 06:53 PM
Someone watched too much American TV.

Where I am, only lawyers are allowed to give legal advice. Not their staff, bookkeeper or gofer. Also, why would you give legal advice to someone you may sue?

Also, when you "pay" for what you said you paid for, were you aware of the disparity? If not, did you VOLUNTARILY buy more gems AFTER being aware of the disparity?

I'm all in support of what you're asking for, but this piece of "legal advice" is a piece of bleep.

xokay
01-15-12, 07:25 PM
Alight, everybody. Let's make sure we don't make jabs at anyone on the forum. :)

myporcelainlife
01-15-12, 07:51 PM
The actual game is FREE to play.The choice to buy gems is totally up to each and every user.This "Legal Advice" was poorly thought out and foolish to post. You should be grateful that TL is adding their games to other smart devices and not just sticking with Apple. If you are unhappy about the game then simply quit or change to an iphone. Many cellphone providers now offer iphones and it isn't limited to people by any means.

ariesblu
01-15-12, 08:16 PM
I don't think that is very fair at all, and you are missing the point of the issue. This is not even a new issue at all, as it has been discussed ad nauseum on the forum, so I'm surprised that is treated as if it is unfamiliar. Now I'm not so sure about the suing thing (um, good luck with that), but the crux of the issue is the disparity between different devices when players pay the same amount for gem purchases, etc. I don't want to speak for the op, but what I grasped is that was the main point, and it seems the point that has been avoided. And not to continue to derail this already derailed thread, but not everyone desires an iphone. The go-around should not be placed on the consumer, when a company voluntarily chose to expand onto another platform. Iphones are not even the number one smartphones anymore, so that argument is irrelevant.

ksbmommy
01-15-12, 08:42 PM
You have a FREE game. You have paid nothing. You are not under any obligation to give TL one penny more EVER. You can still play the game, still get new content that is available to your platform. For FREE. Maybe you can sue and get your money back on a FREE game. Is that all you asking for or are you looking for a huge payday?

When you buy gems they tell you the cost up front. They tell you what you can buy with your gems and for how many gems. You decide if you want to give them your money for your options available. No one forced you to do that. There is no discrimination. If you don't like your options play the game for free. That picture you want to buy will cost 24 gems and 24 gems costs $4.99 for all platforms. Where is the discrimination?

pinkster73
01-15-12, 08:47 PM
http://forums.teamlava.com/showthread.php?18709-Android-Feature-Parity-Discussions

ultrafrog
01-15-12, 09:10 PM
http://forums.teamlava.com/showthread.php?18709-Android-Feature-Parity-Discussions

lol yes this thread is just going to add 10 pages to that one.

Sure.. try to find a lawyer to put together a lawsuit for this. It is your right as an American after all. You going to pay for it? haha. I'd be surprised if a lawyer took your case unless you enticed him with a ton of money because there's nothing to be had here.

TL never promised that the android game would be exactly the same as the iOS games.

Plus I see you have no idea that games released on different platforms have differing features because it is difficult to have them all be the same.

For example, you don't see console video game players (xbox, playstation, wii) suing developers because of game updates to the pc version of the game.

The same game for different platforms can cost different amounts as well.

You were never misled into buying gems on the Android platform that you would be getting iOS content. You got exactly what you paid for in the Android versions.

Also the point has been made that it doesn't matter if it is discrimination. It can be. And it's still not illegal.

You have the choice to buy or not buy a product on its own merits, not for what is offered on different platform.

sourlicorice2
01-15-12, 09:42 PM
I thought this was an off topic thread :p

You forgot to add a full stop. ;-)

pinkster73
01-15-12, 09:50 PM
You forgot to add a full stop. ;-)

That's twice tee hee

casadolce
01-15-12, 10:34 PM
That's twice tee hee

The pot calling the kettle black tee hee. ;-)

AuntyRose32
01-15-12, 10:51 PM
This entire thread has been very behaved and informative.

I totally agree....... ROFL😂 Funniest thread I have ever read.

AuntyRose32
01-15-12, 10:54 PM
By the way how's my punctuation? LMAO��

redbites
01-15-12, 11:05 PM
That's twice tee hee
Where is your full stop?

pinkster73
01-15-12, 11:43 PM
Where is your full stop?

I never claimed I used full stops. Sometimes I do, sometimes I don't

See? I didn't right there!

atlantisonearth
01-16-12, 05:19 AM
You guys ignored xokays post...

...keep it on topic! If you wish to talk about the English language, then this (http://forums.teamlava.com/showthread.php?22665-Proper-English) thread is for you.

casadolce
01-16-12, 08:13 AM
You guys ignored xokays post...

...keep it on topic! If you wish to talk about the English language, then this (http://forums.teamlava.com/showthread.php?22665-Proper-English) thread is for you.

The topic is not worth staying on. The punctuation discussion is more productive :)

Asking for is good, sending "legal advice" and threatening to sue is bleep.

casadolce
01-16-12, 08:14 AM
Asking for is good, sending "legal advice" and threatening to sue is bleep.

Asking for *parity* is good.

kooky panda
01-16-12, 09:47 AM
Actually guys, it is not up to forum members to change the forum rules and decide that it is okay to take a thread off topic, but since this thread topic does seem to be fully discussed, I will go ahead and close the thread.