Starburst Candy Lawsuit

You have undoubtedly heard about the lawsuit that was filed that claims that Starbursts are too chewy and caused an injury to a woman’s mouth. 

The plaintiff’s lawyer is Brian Muawad from St. Clair Shores, Michigan.  He and his brother hold themselves out as competent in " Personal Injury, Auto Accidents, Medical Malpractice, Slip and Fall , Worker’s Compensation, Business Litigation, Criminal Law, Real Estate, Business Transactions, Business Sales, Liquor License, Lemon Law, Credit Reporting Problems, and Other areas of Law."   (There is no indication if by "other areas of the law" Brian includes mergers and acquisition, international tax, oil and gas, and entertainment law. )  He urges the public to "[c]all now for a free consultation to get the most value for your case."   See his advertisement here (go to Page 12).  I cannot find a website for their firm.

Brian is not listed as a lawyer and therefore the  rating of his ability by his peers is unknown.  He is a member of the Arab American Bar Association but, despite his claimed ability to handle tort cases for plaintiffs his name does not appear as a member of ATLA (now AAJ) (at least of the date of publication of the 2006-07 membership directory).   (To be sure, it only takes a law license and check to belong to AAJ.  AAJ membership is not a sign of competence.  AAJ membership is a sign that lawyer cares enough about his clients and tort practice that he will financially contribute to an organization dedicated to preserving the civil justice system and improving the competence of its members.)  He is a member of the Michigan Bar Association but the names of members of the Michigan Trial Lawyers Association are not available to the public so I do not know if he is a member of that organization.  If the MBA and the MTLA are like the TBA and TTLA one needs a law license and check to join.  Once again, competence over and above the ability to get a law license is not required.

Now, an open letter to Brian:

Good work, Brian.  Your actions will cause responsible lawyers to spend years attempting to explain why the stupid lawsuit  you filed should not be used to destroy the civil justice system.  The opponents of the civil justice system will use your ridiculous case to limit the rights of those with valid cases.   Your filing of this lawsuit will hurt  people for decades to come.  You played right into the hand of the enemies of the civil justice system.  Brilliant.

Do not give me the bullshit argument that "you had to help your client."  I do not expect clients to know the law.  It is your job to know the law.  It is your job to advise your client about whether a case has merit.   Anyone who has ever had one Starburst knows that they are chewy.  They are meant to be chewy.  You apparently allege no defect other than their inherent chewiness.  Case closed.  (By the way Brian, knives cut.  Do not file a "my client got cut by a knife" case. )  

I hope M & M Mars (the manufacturer of the candies) forces your hand quickly and seeks to hold you accountable for your conduct.   I am absolutely fed up by people like you who file stupid cases.  You ought to be ashamed of yourself.

So, you have had your fifteen minutes of fame.  Enjoy it.  And then spend the rest of your life knowing how much you have hurt the civil justice system, the citizens who need it, and the lawyers who care about it.   Then again, if that bothered you, you wouldn’t haven’t filed the case.

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