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omehow, somewhere along the way, the McDonalds coee lawsuit became the poster child for frivolous lawsuits. Who hasnt taken a crack at this lawsuit for the sake of furthering their own cause? David Letterman and numerous other comedians have exploited this case as the punch-line to countless jokes.1 One of my favorite Seinfeld episodes involves Cosmo Kramer suing Java World after Kramer spills a cup of caf?? latt?? on himself while trying to get a seat at a movie theater.2 Kramer suers from minor burns that are easily remedied after a single application of a balm given to Kramer by the Maestro. Kramer asks his favorite attorney, Jackie Chiles, if the fact that he tried to sneak the coee into the theater is going to be a problem in their lawsuit. Jackie responds, Yeah, thats going to be a problem. Its gonna be a problem for them. This is a clear violation of your rights as a consumer. Its an infringement on your constitutional rights. Its outrageous, egregious, preposterous.3 When Kramer asks if this lawsuit has

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