The court, Judge Morrison England, Jr., also pointed out that the plaintiff acknowledged in her opposition to the motion to dismiss that “[c]lose inspection [of the box] reveals that Crunchberries . . . are not really berries.” Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap’n Crunch with Crunchberries in reliance on defendant’s fraud.”

AND

Judge England also noted another federal court had “previously rejected substantially similar claims directed against the packaging of Fruit [sic] Loops cereal, and brought by these same Plaintiff attorneys.”

He found that their attack on “Crunchberries” should fare no better than their prior claims that “Froot Loops” did not contain real froot.

Owe her an apology Hal Hewell ? Really?

Now, Hal, pssst, how many free boxes of the Capt’n do you think I can score out of this, anyway? I’ll say nice things about you in court, if you can get me 10 cases of the plain crunch and 10 cases of the stuff with the berries in it.

oops, see Luna, I almost made the same mistake myself, and I consider myself an above-average consumer, as is my whole family. I mean, we knew that erectile enhancement stuff was junk after the 2nd case of it! Who do they think we are, morons?

Dude. You brought a federal court lawsuit over BREAKFAST CEREAL.

Res ispa loquitor.

Don’t stop now, Hal…you’re on a roll !!!

Under normal circumstances, when this Court grants a Motion to Dismiss, the Plaintiff is given a reasonable period of time, usually twenty (20) days, in which to file an amended complaint. In this case, however, it is simply impossible for Plaintiff to file an amended complaint stating a claim based upon these facts. The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense.
The Court has no intention of allowing that to happen.

By the way, since this was not a pro se lawsuit, the ridicule is not just confined to the plaintiff. And now you want a second opinion? This reminds me of the old joke: A man goes to a psychiatrist. The doctor says, “You’re crazy” The man says, “I want a second opinion!” “Okay, you’re ugly too!”

Oh, I see. She still has some money left for his fee.

Serenity now.

Oh. Please.