News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
view the rest of the comments
Or three, there's more to the case than was reported to us. If the marketing was missing (some stores it is) she might have a case. The article makes no mention of that.
You don't need to look for "proof" in civil cases. If the lemonade is more likely than not to have killed her, that's enough. And I think any good lawyer can push a case like this across that bar for a typical jury.
Maybe. We don't know all the details. I'm the one arguing in favor of Panera in most comments, but I'm really arguing in favor of common sense and not inventing a clear win for either side off a small article that was lying to us.
That's not how the law works. "Beyond a reasonable doubt" is a criminal standard. "Preponderance of evidence" is the civil standard, and it's a low bar. Honestly, if we ignore all other evidence and only point out other reasonable people in this thread who were confused about the caffeinated nature of this beverage, we would have it.
So if it hit court (it won't), Panera would likely show evidence of its marketing. The girl's parents would perhaps show evidence the marketing collateral was placed wrong or (from the article) suggest they were misleading with the "Dark Coffee" claim in the way quoted. There's several tactics they could take, honestly.
I would say this lawsuit is a lot of things, but frivolous isn't one of them. It's not intended to harass or delay. It's intended to win.