Hot Coffee (film)
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''Hot Coffee'' is a 2011
documentary film A documentary film or documentary is a non-fictional motion-picture intended to "document reality, primarily for the purposes of instruction, education or maintaining a historical record". Bill Nichols has characterized the documentary in te ...
that analyzes and discusses the impact of
tort reform Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can receive. Such changes a ...
on the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
judicial system. It is directed by Susan Saladoff, who has practiced as a
medical malpractice Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The neglige ...
attorney for at least 26 years. The film premiered at the 2011 Sundance Film Festival on January 24, 2011, and later aired on HBO on June 27, 2011, as a part of HBO films documentary summer series. The title is derived from the '' Liebeck v. McDonald's Restaurants'' lawsuit, in which the plaintiff Liebeck was severely burned after spilling into her lap hot coffee purchased from a
McDonald's McDonald's Corporation is an American multinational fast food chain, founded in 1940 as a restaurant operated by Richard and Maurice McDonald, in San Bernardino, California, United States. They rechristened their business as a hambur ...
.


Cases discussed

''Hot Coffee'' discusses several cases and relates each to tort reform in the United States: # '' Liebeck v. McDonald's Rests.'', No. CV-93-02419, 1995 WL 360309 (N.M. 2d Jud. Dist. Aug. 18, 1994) (judgment awarding Liebeck $2.86 million in "hot coffee" case), ''vacated'', 1994 WL 16777704 (Nov. 28, 1994): how tort cases are publicized to instigate tort reform. # ''Gourley v. Neb. Methodist Health Sys.''
663 N.W.2d 43
(Neb. 2003) (upholding Nebraska's statutory cap of $1.25 million on damages in medical malpractice actions). # Prosecutions of then–Mississippi Supreme Court Presiding Justice Oliver E. Diaz Jr. for bribery: how judges were elected for their positive stance on tort reform and were influenced by campaign contributions. The
U.S. Chamber of Commerce The United States Chamber of Commerce (USCC) is the largest lobbying group in the United States, representing over three million businesses and organizations. The group was founded in April 1912 out of local chambers of commerce at the urgin ...
(not a United States government agency, but a lobbying group for businesses) funded negative campaign ads against judicial candidate Oliver E. Diaz and in support of candidate Keith Starrett. Oliver E. Diaz estimates ~$1,000,000+ dollars was spent on Keith Starrett's behalf for the judicial election. # '' Jones v. Halliburton Co.''
625 F. Supp. 2d 339
(S.D. Tex. 2008) (refusing to enforce
mandatory arbitration An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always bind ...
of Jones's employment contract with respect to her claims of assault and battery, intentional infliction of emotional distress, negligent hiring, retention, and supervision, and false imprisonment), ''aff'd''
583 F.3d 228
(5th Cir. 2009)


''Liebeck v. McDonald's Restaurants''

This segment features interviews with Liebeck's family and focuses on their perspective of the trial. This included news clips, comments from celebrities and politicians about the case, as well as myths and misconceptions, including how many people thought she was driving when the incident occurred and thought that she suffered only minor superficial burns, while in truth she suffered severe burns and needed extensive surgeries. The concept of accountability is also discussed. The film also discussed in great depth how ''Liebeck v. McDonald's Restaurants'' is often used and misused to describe a frivolous lawsuit and referenced in conjunction with tort reform efforts. It argued that corporations have spent millions distorting certain tort cases in order to promote tort reform.


''Jamie Leigh Jones v. Halliburton Co.''

Senator
Al Franken Alan Stuart Franken (born May 21, 1951) is an American comedian, politician, media personality, and author who served as a United States senator from Minnesota from 2009 to 2018. He gained fame as a writer and performer on the television comed ...
features prominently in this segment. He worked closely with Jamie Leigh Jones to get her case heard in court and proposed legislative changes to mandatory arbitration clauses. Subsequent to the film's release, Jones succeeded in trying her civil case before a federal court in Houston. However, she was unsuccessful in convincing a jury that she had been raped or that KBR (then part of
Halliburton Halliburton Company is an American multinational corporation responsible for most of the world's hydraulic fracturing operations. In 2009, it was the world's second largest oil field service company. It has operations in more than 70 countries ...
) had engaged in fraud when inducing her to sign her employment contract. There was a long list of inconsistencies and contradictions exposed in her story during the trial.


References


External links

* * * {{rotten-tomatoes, hot_coffee, Hot Coffee
HBO site for film

Extended interview with filmmaker Susan Saladoff
on ''Media Matters'' with
Bob McChesney Bob McChesney is an LA based jazz and studio trombonist, famous for his use and mastery of the 'doodle - tongue,' a method of articulation on the trombone as well as his ultra fast and melodic solos. He currently teaches in the music department ...
2011 films Documentary films about American politics Documentary films about law in the United States McDonald's litigation Tort law 2011 documentary films Television Academy Honors winners 2010s English-language films 2010s American films English-language documentary films