<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: Cantrell v. Target: $200 medical bill = $3.1 million verdict	</title>
	<atom:link href="https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sat, 22 Nov 2008 06:09:54 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: Karen H Antolick		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-35187</link>

		<dc:creator><![CDATA[Karen H Antolick]]></dc:creator>
		<pubDate>Sat, 22 Nov 2008 06:09:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-35187</guid>

					<description><![CDATA[Oh please, Ted Frank either needs to learn to read or to learn to absorb the &quot;actual&quot; facts of a document prior to commenting on it.  

No one &quot;fled&quot; the scene.  There was no mistake of identifying it as possibly counterfeit.  The email they sent out to the masses identified her as a thief and a forger.  They attached her picture, how much more do you need to know that Target was 100% in the wrong. Run down to the Post Office and hang it on the wall!

I agree with the juries verdict, you can bet your (or Target&#039;s) &quot;last dollar&quot; they will not make this mistake again.]]></description>
			<content:encoded><![CDATA[<p>Oh please, Ted Frank either needs to learn to read or to learn to absorb the &#8220;actual&#8221; facts of a document prior to commenting on it.  </p>
<p>No one &#8220;fled&#8221; the scene.  There was no mistake of identifying it as possibly counterfeit.  The email they sent out to the masses identified her as a thief and a forger.  They attached her picture, how much more do you need to know that Target was 100% in the wrong. Run down to the Post Office and hang it on the wall!</p>
<p>I agree with the juries verdict, you can bet your (or Target&#8217;s) &#8220;last dollar&#8221; they will not make this mistake again.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: nn nn		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33889</link>

		<dc:creator><![CDATA[nn nn]]></dc:creator>
		<pubDate>Wed, 05 Nov 2008 19:28:11 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33889</guid>

					<description><![CDATA[I actually agree with much of Ted Frank&#039;s legal philosophy. Most of the abuses he points out here are indeed abusive. But this was a case where there were several critical factual errors in his description of the case. Moreover, this was a case in which the plaintiff was justified: she suffered real, serious harm due to negligent or unconscionable behavior by the defendant. 

The lesson corporations take from a case should be simply not to accuse a person of serious crimes, and not to publish that accusation to large numbers of law enforcement agencies, unless there is solid evidence of the person&#039;s guilt. Trying to use a valid $100 bill to pay, and leaving the store when told the bill would not be accepted, is not &quot;solid evidence&quot; of counterfeiting. 

It is sad how every once in a while this site seizes on ameritorious actions and mocks it, sometimes by distorting the facts as here, sometimes in other ways. I think this drastically weakens the persuasiveness of this site.]]></description>
			<content:encoded><![CDATA[<p>I actually agree with much of Ted Frank&#8217;s legal philosophy. Most of the abuses he points out here are indeed abusive. But this was a case where there were several critical factual errors in his description of the case. Moreover, this was a case in which the plaintiff was justified: she suffered real, serious harm due to negligent or unconscionable behavior by the defendant. </p>
<p>The lesson corporations take from a case should be simply not to accuse a person of serious crimes, and not to publish that accusation to large numbers of law enforcement agencies, unless there is solid evidence of the person&#8217;s guilt. Trying to use a valid $100 bill to pay, and leaving the store when told the bill would not be accepted, is not &#8220;solid evidence&#8221; of counterfeiting. </p>
<p>It is sad how every once in a while this site seizes on ameritorious actions and mocks it, sometimes by distorting the facts as here, sometimes in other ways. I think this drastically weakens the persuasiveness of this site.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: shg		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33869</link>

		<dc:creator><![CDATA[shg]]></dc:creator>
		<pubDate>Wed, 05 Nov 2008 12:03:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33869</guid>

					<description><![CDATA[&lt;i&gt;You clearly think no one should write an email without a lawyer by their side,&lt;/i&gt;

No one should publish and disseminate an accusation of criminal conduct without being certain that they are correct, or they do so at their own peril.   

&lt;i&gt;on penalty of $3.1 million&lt;/i&gt;

Juries arrive at damage awards, as you are painfully aware.  The awards are the subject to review, as you are painfully aware.  The alternative is to have all awards subject to &quot;Ted Review,&quot; as you might think advisable, but that&#039;s not the American system, as you are painfully aware.  While you think poorly of the Americans who sit on juries, there just aren&#039;t enough &quot;Teds&quot; to manage all award decision-making to meet your expectations.

&lt;i&gt;on a technicality&lt;/i&gt;

Hardly a technicality, but a well-established, long-standing cause of action.  

&lt;i&gt;that provided no lasting injury to anyone.&lt;/i&gt;

Ironic that you say such a thing, since you, more than anyone, find it reprehensible and damaging when anyone challenges your opinion and reputation.  Being perhaps the most rabid of advocates, you of all people should appreciate the impact of having a reputation smeared.  You hate to be challenged, but would deny that same sensibility to anyone else.]]></description>
			<content:encoded><![CDATA[<p><i>You clearly think no one should write an email without a lawyer by their side,</i></p>
<p>No one should publish and disseminate an accusation of criminal conduct without being certain that they are correct, or they do so at their own peril.   </p>
<p><i>on penalty of $3.1 million</i></p>
<p>Juries arrive at damage awards, as you are painfully aware.  The awards are the subject to review, as you are painfully aware.  The alternative is to have all awards subject to &#8220;Ted Review,&#8221; as you might think advisable, but that&#8217;s not the American system, as you are painfully aware.  While you think poorly of the Americans who sit on juries, there just aren&#8217;t enough &#8220;Teds&#8221; to manage all award decision-making to meet your expectations.</p>
<p><i>on a technicality</i></p>
<p>Hardly a technicality, but a well-established, long-standing cause of action.  </p>
<p><i>that provided no lasting injury to anyone.</i></p>
<p>Ironic that you say such a thing, since you, more than anyone, find it reprehensible and damaging when anyone challenges your opinion and reputation.  Being perhaps the most rabid of advocates, you of all people should appreciate the impact of having a reputation smeared.  You hate to be challenged, but would deny that same sensibility to anyone else.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ted		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33867</link>

		<dc:creator><![CDATA[Ted]]></dc:creator>
		<pubDate>Wed, 05 Nov 2008 10:47:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33867</guid>

					<description><![CDATA[&lt;I&gt;You think she should have gone shopping with a lawyer by her side so she could respond exactly as you want when hit with this surprise?&lt;/i&gt;

You clearly think no one should write an email without a lawyer by their side, on penalty of $3.1 million on a technicality that provided no lasting injury to anyone.]]></description>
			<content:encoded><![CDATA[<p><i>You think she should have gone shopping with a lawyer by her side so she could respond exactly as you want when hit with this surprise?</i></p>
<p>You clearly think no one should write an email without a lawyer by their side, on penalty of $3.1 million on a technicality that provided no lasting injury to anyone.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: John Rohan		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33865</link>

		<dc:creator><![CDATA[John Rohan]]></dc:creator>
		<pubDate>Wed, 05 Nov 2008 07:38:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33865</guid>

					<description><![CDATA[The trial lawyers in this thread are very defensive. 
Hey, instead of repeating, ad nauseum, that the woman walked out of the store, and that the employees accused her of definitely using a counterfeit bill, how about a word about the real problem with the case?

Like, does this mistake add up to anything even close to $3.1 million dollars? Can you even try to defend that decision?]]></description>
			<content:encoded><![CDATA[<p>The trial lawyers in this thread are very defensive.<br />
Hey, instead of repeating, ad nauseum, that the woman walked out of the store, and that the employees accused her of definitely using a counterfeit bill, how about a word about the real problem with the case?</p>
<p>Like, does this mistake add up to anything even close to $3.1 million dollars? Can you even try to defend that decision?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Eric Turkewitz		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33856</link>

		<dc:creator><![CDATA[Eric Turkewitz]]></dc:creator>
		<pubDate>Wed, 05 Nov 2008 03:10:08 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33856</guid>

					<description><![CDATA[&lt;i&gt;Turkewitz then misquotes me&lt;/i&gt;

I did a cut and paste of your own language that watered down the lawsuit.

&lt;i&gt;she responded by walking out without a word or even a “What’s wrong with my $100 bill?”, and one can reasonably consider that suspicious behavior.&lt;/i&gt;

Nope. According to Target&#039;s own brief -- no the plaintiff&#039;s brief but Target&#039;s -- she &quot;shook her head no and walked out of the store&quot; when asked if she had any other funds to use. I think it&#039;s fair to say that shaking your head no is fairly well understood language.   You think she should have gone shopping with a lawyer by her side so she could respond exactly as you want when hit with this surprise?

And as &quot;to evidence of injury&quot; -- were you in the courtroom hearing the evidence?]]></description>
			<content:encoded><![CDATA[<p><i>Turkewitz then misquotes me</i></p>
<p>I did a cut and paste of your own language that watered down the lawsuit.</p>
<p><i>she responded by walking out without a word or even a “What’s wrong with my $100 bill?”, and one can reasonably consider that suspicious behavior.</i></p>
<p>Nope. According to Target&#8217;s own brief &#8212; no the plaintiff&#8217;s brief but Target&#8217;s &#8212; she &#8220;shook her head no and walked out of the store&#8221; when asked if she had any other funds to use. I think it&#8217;s fair to say that shaking your head no is fairly well understood language.   You think she should have gone shopping with a lawyer by her side so she could respond exactly as you want when hit with this surprise?</p>
<p>And as &#8220;to evidence of injury&#8221; &#8212; were you in the courtroom hearing the evidence?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ted		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33851</link>

		<dc:creator><![CDATA[Ted]]></dc:creator>
		<pubDate>Wed, 05 Nov 2008 00:43:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33851</guid>

					<description><![CDATA[I put the word &quot;possible&quot; in there, because that is what happened: the store investigated whether the bill was a counterfeit.  It wasn&#039;t sure one way or the other when it did the investigation.  Turkewitz then misquotes me and falsely claims that I said the email talked of a possible counterfeit, when I did no such thing.

Reilly misstates the facts of what happened.  Target did not accuse Cantrell to her face of trying to pass a counterfeit.  The store simply asked Cantrell if she had anything else to pay with, and she responded by walking out without a word or even a &quot;What&#039;s wrong with my $100 bill?&quot;, and one can reasonably consider that suspicious behavior.

And, again, there is no evidence of injury beyond the $200 medical bill.]]></description>
			<content:encoded><![CDATA[<p>I put the word &#8220;possible&#8221; in there, because that is what happened: the store investigated whether the bill was a counterfeit.  It wasn&#8217;t sure one way or the other when it did the investigation.  Turkewitz then misquotes me and falsely claims that I said the email talked of a possible counterfeit, when I did no such thing.</p>
<p>Reilly misstates the facts of what happened.  Target did not accuse Cantrell to her face of trying to pass a counterfeit.  The store simply asked Cantrell if she had anything else to pay with, and she responded by walking out without a word or even a &#8220;What&#8217;s wrong with my $100 bill?&#8221;, and one can reasonably consider that suspicious behavior.</p>
<p>And, again, there is no evidence of injury beyond the $200 medical bill.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Larry Reilly		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33846</link>

		<dc:creator><![CDATA[Larry Reilly]]></dc:creator>
		<pubDate>Tue, 04 Nov 2008 22:27:28 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33846</guid>

					<description><![CDATA[Ted says &quot;refusing to answer questions and leaving the store without making a purchase seems like fleeing to an objective observer.&quot;
Say what? You have to be a hard-core subjective observer for that one.
Woman goes to cash register in store with genuine $100 bill. Store employee refuses to take the money as payment, saying it is counterfeit. Woman leaves.
What&#039;s missing here Ted?
Should the woman have:
a) stood at the cash register and debated, maybe even argued, perhaps in a loud voice, that the money is MONEY and take it and give me a receipt and change. Yeah, right.
b) ask that the store manager call in the Secret Service, and wait there with them for perhaps hours on the chance that the SS responds. Time is money, ya know.
c) made a purchase? Let me get this straight. Woman goes into a store with a genuine $100 bill and the store refused to take it, telling her it looks phony. Ted thinks she supposed to remain cheerful and take no offense and go out of her way at this point to dig up some other funds and make a purchase from this store that, in her mind, I expect, has just insulted her?
Objective observer? Ted, why did you put the word &quot;possible&quot; in there?]]></description>
			<content:encoded><![CDATA[<p>Ted says &#8220;refusing to answer questions and leaving the store without making a purchase seems like fleeing to an objective observer.&#8221;<br />
Say what? You have to be a hard-core subjective observer for that one.<br />
Woman goes to cash register in store with genuine $100 bill. Store employee refuses to take the money as payment, saying it is counterfeit. Woman leaves.<br />
What&#8217;s missing here Ted?<br />
Should the woman have:<br />
a) stood at the cash register and debated, maybe even argued, perhaps in a loud voice, that the money is MONEY and take it and give me a receipt and change. Yeah, right.<br />
b) ask that the store manager call in the Secret Service, and wait there with them for perhaps hours on the chance that the SS responds. Time is money, ya know.<br />
c) made a purchase? Let me get this straight. Woman goes into a store with a genuine $100 bill and the store refused to take it, telling her it looks phony. Ted thinks she supposed to remain cheerful and take no offense and go out of her way at this point to dig up some other funds and make a purchase from this store that, in her mind, I expect, has just insulted her?<br />
Objective observer? Ted, why did you put the word &#8220;possible&#8221; in there?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ted		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33814</link>

		<dc:creator><![CDATA[Ted]]></dc:creator>
		<pubDate>Tue, 04 Nov 2008 14:57:15 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33814</guid>

					<description><![CDATA[Eric&#039;s post on his blog not only misrepresents the record and the law, but misrepresents what I said about the record.]]></description>
			<content:encoded><![CDATA[<p>Eric&#8217;s post on his blog not only misrepresents the record and the law, but misrepresents what I said about the record.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: The Laconic Law Blog &#187; Blog Archive &#187; A Lesson For Employers In $3 Million Defamation Verdict		</title>
		<link>https://www.overlawyered.com/2008/11/cantrell-v-target-200-medical-bill-31-million-verdict/comment-page-1/#comment-33721</link>

		<dc:creator><![CDATA[The Laconic Law Blog &#187; Blog Archive &#187; A Lesson For Employers In $3 Million Defamation Verdict]]></dc:creator>
		<pubDate>Mon, 03 Nov 2008 22:21:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7792#comment-33721</guid>

					<description><![CDATA[[...] tip to Overlawyered.com for a post on the [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] tip to Overlawyered.com for a post on the [&#8230;]</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
