Happy Fourth of July!

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Happy Fourth of July from the Abnormal Use law blog and Gallivan, White, & Boyd, P.A.!

We hope you have a festive and safe holiday weekend.

We’ll see you again on Monday.

(By the way, above, that’s the cover of Superman #24, published way, way back in 1943. How about that?).

Friday Links

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We here at Abnormal Use and Gallivan, White, & Boyd, P.A. hope that you all are enjoying the beginning of the July 4th weekend. In honor of the occasion, our offices are closed today. Above, you’ll find the cover of Roy Rogers and the 4th of July Bandits #1. We’re not certain of the plot, but it seemed like a somewhat appropriate cover for today’s edition of Friday Links. Fear not, we’ll find a better one for tomorrow’s post! If the website ComicVine is to be believed, this comic book was first published in 1990, many decades after the time we would have thought it would have been.

We hope everyone has a safe holiday weekend!

Our favorite legally themed tweet of the week focuses upon iTunes:

New Rockstar Lawsuit: Consuming Massive Amounts of Caffeine (x4) Allegedly Leads To Heart Attack

News from the energy drink litigation carousel: Rockstar Beverage Corporation has now been sued in Los Angeles Superior Court after a man allegedly suffered a heart attack after consuming one of its beverages. According to a report from NBC, Plaintiff Oscar Maldonado claims to have consumed up to four Rockstar beverages in a 6-8 hour period and subsequently developed shortness of breath and chest pains. Over the next three weeks, his symptoms worsened. He was eventually told by doctors that he was having a heart attack. Thereafter, he was taken in for an undisclosed surgical operation. Now, Maldonado alleges Rockstar is to blame.

The specific allegations against Rockstar are nothing new in the increasingly popular energy drink litigation. The suit alleges that Rockstar drinks rely on large quantities of caffeine, a “substance well-known for imposing health effects upon consumers” and “known to play a role in triggering adverse cardiac episodes.” In addition, Rockstar contains taurine, an ingredient that allegedly has a similar effect on the heart muscles. Of course, Maldonado alleges that if Rockstar had properly warned him of the risks, he would have never consumed the Rockstar drinks.

We here at Abnormal Use have often been critical of these energy drink suits. This one is nothing new. At this point, we assume (perhaps wrongly) that everyone on the planet understands that most energy drinks provide that desired boost of energy through the use of massive amounts of caffeine and that caffeine is not-exactly known as being heart-friendly. In fact, Maldonado seemingly admits as much in his complaint  As such, we question whether any warning would have actually had any affect on Maldonado’s consumption.

Given the admittedly known risks of consuming large amounts of caffeine, we wonder how Maldonado works around the fact that he consumed not one, but four, Rockstar drinks in a 6-8 hour period.  We assume his defense will be that while he knew that consuming large amounts of caffeine was hazardous, he did not know that consuming large amounts of caffeine (x4) could be hazardous enough to result in a heart attack. Alas, Rockstar definitely should have warned him of that, right? Sigh.

CSI: Chicken Tenders

Earlier, when we covered the KFC deep fried rat situation, we warned you to be skeptical, and at least for now, we were right. Apparently, Mr. Dixon, who made the allegations regarding the rat-looking chicken tender, did, in fact, retain a lawyer. That lawyer turned over the disgusting piece of chicken to KFC for an independent lab analysis, which determined that the breaded mystery meat was, in fact, chicken. Apparently, KFC now wants an apology.

So who won? Mr. Dixon was ultimately wrong, so we suppose that KFC technically won, but that is one ugly piece of chicken. We would think that KFC would take this time to apologize for serving chicken that so resembled a rat that an independent lab had to verify that it was, in fact, chicken.  If you want to find out more about these issues and KFC, you can click here, here, here, or here.