Comments on: “You got your lawsuit in my peanut butter.” “You got your peanut butter in my lawsuit.”

By: markm

markm — Fri, 09 Mar 2007 18:23:45 +0000

The lawyers want to race to be the one’s getting $50 million in legal fees – while their clients get a coupon for $0.25 off on a new jar of peanut butter.

By: tsiroth

tsiroth — Thu, 08 Mar 2007 22:53:24 +0000

I, too, discovered that my already half eaten jar of peanut butter from [Arkansas retailer] is affected by the recall. I never got sick from mine, but maybe I can sue over the stress caused by my near brush with death, eh?

Actually, the debate in my household is whether I should eat the rest. I figure my jar is safe, since I didn’t get sick before, but my husband thinks I should throw it out just in case.

By: Deoxy

Deoxy — Thu, 08 Mar 2007 15:54:20 +0000

Actually, you’d be prtty likly to NOT get notice at all, but be participating, anyway.

By: Denver Lawyer

Denver Lawyer — Thu, 08 Mar 2007 13:59:11 +0000

David,

Actually, there is a sound legal reason to file very quickly. In situations like this there will obviously be large numbers of suits filed against ConAgra all over the country. That creates a substantial risk that the cases will be consolidated by the Multi-District Litigation (“MDL”) Panel. If you’ve already filed a case at the time MDL consolidation happens, you will potentially be able to influence where the MDL Panel sends the consolidated cases for pre-trial purposes and have input on the scheduling order. Cases filed after the MDL Panel enters the scene are called “tag along cases” and the plaintiffs’ counsel in those cases are at a severe disadvantage in terms of location of the hearings and the course of pre-trial activities. Frequently, “tag along” plaintiffs will fire their original lawyers and hire an attorney who represented an early filer.

By: David Nieporent

David Nieporent — Thu, 08 Mar 2007 12:32:15 +0000

Todd, since we've hit the class action stage, you're more likely to get notice that you are already participating in such a suit.

By: Todd Rogers

Todd Rogers — Thu, 08 Mar 2007 12:23:39 +0000

Ironically, my wife found a jar of this very peanut butter (with lot number) in our cabinet. T’was purchased at an extremely large retailer whose HQ is in Arkansas. About the same time I ate a PB&J made from said spread (thank you…) I came down with a nasty case of the…well, you get the idea. Upon discovering that my spread was 1) made by a deep pocketed Mfr. and 2) sold to us by an even deeper pocketed retailer, I did what any rational person would do: I threw it away. What I did NOT do was, nor did it occur to me or my wife, was place a call to “Dewey, Cheatem & How, LLP.” But now that I reveal this fact on Overlawyered, I wonder if I will get a request in the mail to participate in a suit. Details to follow…

By: Ted

Ted — Thu, 08 Mar 2007 11:59:56 +0000

Winning the race to the courthouse garners publicity, which in turn garners clients, which in turn maximizes the chance that one will be named as the lead counsel in the class action or that the defense counsel will choose to negotiate settlement with you.