411NSIDER: Wiercinski vs Mangia
** UPDATED 4/29/14**
Mangia VINDICATED in Final Verdict of Wiercinski vs Mangia
In keeping with Mr Wiercinski’s ongoing strategy to malign an innocent company, several media outlets have erroneously reported that Adam Wiercinski aka Adam Jamroz was awarded $900K by a jury after federal trial.
This statement is in fact wrong. The $900K amount was a punitive award, which by its very definition asserts that it was not awarded to Mr Wiercinski but against Mangia Corp.
"punitive damages are not awarded in order to compensate the plaintiff…" – Wikipedia
Mr Wiercinski’s compensatory award was $1.00 (one dollar), which was a very important fact that was omitted by several media reports. Only the New York Daily News, on page 12 of its Friday, October 25 2013 print issue, reported the actual facts. And as you can see, their article is wholly lacking in the sensationalism that is prevalent in every other erroneous article.
"Compensatory damages, called actual damages, are paid to compensate the claimant for loss, injury, or harm suffered as a result of another’s breach of duty." – Wikipedia
By the very definition of compensatory awards, the jury has stated that Mr Wiercinski deserves one dollar to compensate him for loss, injury, or harm suffered. That is to indicate: the jury was unconvinced that Mr Wiercinski aka Mr Jamroz suffered any loss, injury, or harm. In other words, the jury did not believe Mr Wiercinski’s allegations.
** UPDATED 4/29/14 **
Mangia VINDICATED in Final Verdict of Wiercinski vs Mangia
"Punitive damages are usually reserved for when the defendant has displayed actual intent to cause harm (such as purposefully rear-ending someone else’s car), rather than in cases of mere negligence…
Punitive damages are a focal point of the tort reform debate in the United States, where numerous highly publicized multi-million dollar verdicts have led to a fairly common perception that punitive damage awards tend to be excessive. However, statistical studies by law professors and the Department of Justice have found that punitive damages are only awarded in two percent of civil cases which go to trial, and that the median punitive damage award is between $38,000 and $50,000.
There is no maximum dollar amount of punitive damages that a defendant can be ordered to pay. In response to judges and juries which award high punitive damages verdicts, the Supreme Court of the United States has made several decisions which limit awards of punitive damages through the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution. In a number of cases, the Court has indicated that a 4:1 ratio between punitive and compensatory damages is high enough to lead to a finding of constitutional impropriety, and that any ratio of 10:1 or higher is almost certainly unconstitutional."
HENRI BENDEL AND FOOD BANK FOR NEW YORK CITY COME TOGETHER TO HELP IN THE FIGHT TO END HUNGER WITH A STAR STUDDED FUNDRAISER
Who: Chris Fiore, President of Henri Bendel, Melanie Dunea, Photographer, Margarette Purvis, President and CEO of Food Bank For New York City
*** Celebrity guests to include: Chef Mario Batali, Katie Lee, Selita Ebanks, Chef Eric Ripert, Chef April Bloomfield, Chef Anne Burrell, Kelly Bensimon, Stephanie March, Ruth Reichl, Chef Todd English, Chef Andrew Carmellini, Chef Cesare Casella, Chef Brad Farmerie, Chef Hung Huynh, Chef Madison Cowan and Carmen Marc Valvo *** Read more »
"… Rest peacefully, my Brother, I just came back from a 3 yr long assignment in Iraq, and I dare to say that Justice has been served. Farewell, my Friend, Farewell…" – Damir [Palladium, Tunnel, Club USA]
The following is an excerpt from PX This:
MONDAY, SEPTEMBER 17, 2001. 12:15PM
We got terrible news. A friend that B used to work with, “Big Keith,” is missing.
Such a nice guy, big and friendly and cute and good natured and happy. He’s a firefighter and I think nearly his entire squad is gone. Read more »
Is it possible, and sustainable, to trade the subway for a motorcycle in New York City?
I am planning to buy a motorcycle in order to move in and around the city when the weather is favorable. How possible and sustainable is this? Are roads good enough for such thing? What about parking places? Are there any arranging plans? Is riding to work on a bike everyday in Manhattan only the privilege of Shia LaBoeuf in Wall Street?
now there is finally a good reason to be “linked in.”
UGH CHRIST MORE SOCIAL MEDIA KILL ME NOW
(on a kinda freaky note— i was thinking of Fabio Trabocchi just yesterday, i was going to name him at the very bottom of this Q/A interview i just did, as my Number One choice! i swear! how uncanny is that.)
“If you’re famous, are you ever interested in what your fans say to you?
– Surely most fans say variants of the same few things (I’m your biggest fan/I love your work/We’re soulmates/You saved my life etc.) Do they ever say anything genuinely interesting?–
Okay well, you realize the term “fan” is derived from the word “fanatic,” right? Therefore, people who watch a movie or listen to a song or read a book or look at a painting or eat a dish or attend a concert or an opera or a ballet or whatever, and then decide that they really like it— are in fact not “fans” at all. They are merely people who happened to enjoy a certain body of work (albeit maybe quite a lot), and accomplished/ esteemed/ famous people thoroughly realize this (it’s essentially their goal when they present their work, actually). Which is why “I’m your biggest fan/ I love your work/ We’re soulmates/ You saved my life” is not impressive at all. It sounds exactly as trite, contrived, and insincere as you think it does. Read more »
… I agree with most of the readers that say it was one of the funniest, most insightful, and shockingly honest books I have ever read. The book is written in a unique voice, which might be hard to get if you’re much older (although my dad is 65 and he also loved it) or are not that into boldly brazen and somewhat raunchy humorous writing. I don’t think that you have to be really into restaurants to appreciate it, but if you are (like I am), you will likely get a lot more out of it. If you dine out alot and are fond of famous chefs and restaurateurs (like Jean-Georges, Keith and Brian McNally, Graydon Carter, etc.) then this book is an absolute eye-opener that will change the way you view “hott” restaurants forever.