So Sue Me: Your legal questions answered
Peter Johnson, Jr. weighs in
- Duration 5:14
- Date Jan 25, 2013
Peter Johnson, Jr. weighs in
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Fourteen minutes after the top of the hour approximately 52000 new civil lawsuits are brought every day in the US cents a lot lawsuits.
And Americans have a lot of legal questions so here to answer them Fox News legal analyst junior he's -- -- was highly -- trial in the -- appellate lawyers in the country so he's gonna provide some answers as Brian said a -- -- Pro -- absolutely it's really -- and not know until -- -- I like music though I do it for nothing golf here we -- all right so were paraphrase as some of these letters because the way in which they came to us are you some of them were laying communicable pages and so we've we've summarize what the questions are all right so let's start out -- this -- -- about it.
At a dealership for the last eight years apparently the boss.
Has called the person sacks and made fat jokes I can't get him to stop and considering legal action that's a summary of what's going on when you say.
Absolutely and and I don't represent these people -- don't represent any of you but I'm gonna give some advice but go see a local lawyer on this.
Under the Americans a disability act if you're morbidly obese more meaning more that you wade is a 100%.
More than it should be you may have a claim.
Under the equal opportunity.
The -- with regard to your obesity.
You may also have a claim.
If you believe that you've been.
Caused emotional distress there's two types who -- Negligent infliction of emotional distress and intentional infliction emotional distress.
Meaning that outrageous conduct has caused you real emotional harm that's resulted in some kind of medical treatment this is a tough loss to -- been two claims had been paid.
By the federal government on this only the state of Michigan.
Protects people who are heavier then they should be but obviously know what should be because fat in their workplaces that we workplace.
All right I was called fat as a kid but I guess not -- -- out of the good.
I've never seen anybody OK a question number two I hate frivolous lawsuits and a golf tournament a probe gave me an incredibly massive and taken her.
I work with my hands -- I have a foot to stand on so this intrigues me because.
This person doesn't -- frivolous lawsuits but some people might think shaking hands could be a frivolous lawsuit.
You said I think you.
That person is saying listen I do hate frivolous lawsuits this sounds crazy to me.
But do -- in fact have a lawsuit will he may in fact have a lawsuit based on the circumstances.
One for lawsuit called.
Which is really an unlawful.
Touching of someone causing harm.
Is that person who shook his hand knew that he had this kind of Superman handshake and did it anyway and caused him harm.
Then in fact it could happen we know in the past that even people like Sidney McCain the wife of presidential candidate John McCain back in 2008.
She want to open -- -- Because of -- -- strong handshake.
On -- campaign was who has been known to happen and claims have been.
Paid -- I think it's a really.
Hopefully I think you just gotta be careful but the guy's got to work for a living and he says he's got a problem ever since it.
Happened -- -- -- -- reminds me of that hot coffee thing and and Starbucks like that you know copies.
This hazing case -- that's good OK I here's question number treat my nephew has been going to a methadone clinic to get off drugs for eight years yes the -- -- lowers -- and they refused.
Could -- sue them for keeping him on this drive.
This is a really interesting one this will be in the realm of medical malpractice meaning that the doctor -- the clinic acted in the way they deviated.
From the community standards.
In -- the way that people.
Should be treated.
I am bringing and after -- was -- a similar suit here in New York State right now a man who were it died as a result.
Of a doctor who's now been.
Taken out of the profession.
For giving to any drugs to -- patient and here this person says I want to get off methadone.
I don't think I needed and these doctors are forcing on me.
-- he needs to see another doctor who's gonna make sure that what's being done is right or wrong.
Being if that's in fact.
True then he's got a complaint to the administrative authorities and perhaps a lawsuit I don't believe that people should be suing for no reason but if you think you have reason.
They obviously got to stand up your rights and -- an uncle talking about the nephew who he thinks is gonna die as a result.
Of the treatment and too much method known he's getting.
Thanks so much keep sending your emails -- -- -- that he.
I think it's in the two email Peter at foxnews.com.
-- and we'll be taking a look at him.
I'm not -- lawyer on these things but we're gonna talk generally about the types -- legal issues that we're confronting.
In this country right there aren't many lawsuits but if anyone who attended and we'll take a look at it and get some general.
Advice and again just a disclaimer you know when they send these and sometimes -- 123 pages long.
And so we're just providing paraphrase.
To situations actually OK Peter thanks so much for the new -- -- -- --