I don't think its bad that the judge didn't dismiss. You don't dismiss lawsuits just because its a poor theory. To dismiss on a motion to dismiss, you need to show that there is no legally viable claim. Refusing to give a bunch of products to men could be legally viable. That is a factual issue which you don't decide on a motion to dismiss.

Let me give you a simple example. In the movie "Supersize Me," much is made of the fact that a judge didn't dismiss a lawsuit when people ate way too much and sued McDonalds. At that stage, however, the judge was required to take everything as true according to the Plaintiffs. If, in fact, McDonalds had hidden informaiton about nutrituion which caused people to eat more and get fat, then McDonald's would have to pay.

However, later on, the judge can examine the facts. In that McDonald's case, the judge decided that there is no way McDonald's is a fault: the Plaintiffs could not show that McDonald's was the sole cause of their fatness. This happened before trial.

So this is just a nice story to show you that what happens in a motion to dismiss doesn't mean the case won't turn out differently later on. The judge has to follow the law, especially at the stage of the case a motion is brought.

Sincerely,

Tribe Fan

PS- I was also the guy who said the Indians wouldn't bring up Marte until around August when his Super 3 (or whatever) rights would be lost. Seems that is what they did, isn't it?

yay. lawyers ruining my favorite baseball site.

that must be some tote bag if it's worth $4,000 dollars!!! where can i get one?

Clearly the jerk is the judge. He should know better. The guy bringing to the lawsuit is some joker that wants to make money the easy way.

yeh, i'm sure all these men want to walk around with pink frilly bags. just like they wearing all this pink lacy mlb team gear

and this cohn guy is a psychologist? oh mi GAWD

re: ridiculous law suite

Dear Dave:

I could not agree with you more. Not only do stupid lawsuits like this give lawyers and the legal system a bad name, but it's pretty obvious this moron was sleeping the day the preacher read the ten commandments in church especially the part about "honor thy mother and father". All the angels were trying to do was honor the special role that women play in our society as mothers and to encourage them to come to the ballpark by offering them handbags.

after all, most women do not follow baseball and consider it an adolescent hangover of otherwise adult men.

This is a perfect example of not being able to do a good deed without being punished.

This is one lawsuit that I hope the right wing tears apart. They would be justified in this instance.

--art kyriazis philly