Woman says Chipotle owes her $2.2 billion for the unauthorized use of her photo

[TexasTowelie]

A Sacramento, California, woman is suing Chipotle Mexican Grill for more than $2.2 billion in damages, alleging that the restaurant chain used a photo of her for marketing purposes without her permission.

Leah Caldwell is asking for all of the company’s profits over a 9-year period.

She filed a complaint in U.S. District Court in Sacramento on Dec. 20, citing a photo that she says was taken in late summer or early fall of 2006 of her sitting inside a Chipotle restaurant near the University of Denver.

As she left the restaurant, the complaint says, she was approached by a man identified as Colorado photographer Steve Adams, who asked her to sign a release for some of the photos he had taken. Caldwell says she refused to sign the release, but Adams had already taken a photo of her without her consent.

Read more here: http://www.miamiherald.com/latest-news/article125297804.html

[BlueCaliDem]

1. GOOD. Corporations, in addition to getting free tax dollars, don't have the right to continue

using the American people (in whatever ways they please) for their profits without paying for it.

I hope she wins.

[TexasTowelie]

3. Should she win?

Yes, they had no right to use her photo without her consent.

Should she win $2.2 billion dollars?

I think that there are people that have suffered greater injuries than her that received far less. Court awards should be commensurate with the damages done. I can also see some punitive damages to discourage like behavior as a matter of public policy. However, $2.2 billion is excessive and also means that a lot of people will lose their jobs. A court award of that magnitude will also result in much higher insurance premiums for all businesses if it were allowed to stand after appeal.

[mopinko]

4. which it wont.

she has a reason she picked that number, a perfectly good reason. such reasoning is often used when corp sues corp. why should she be any different.

if she wins, an appropriate number will be reached. meanwhile, i appreciate that this number puts in perspective just how much money is made by people who are ripping people off.

[BlueCaliDem]

7. Yes, she should win - but we both know she'll never win $2.2 billion dollars. They'll settle at FAR

LESS, but it will send a message and NO JOBS will be harmed. They're insured for this.

Believe you me, corporations wouldn't have any problem coming after you if they had the slightest chance.

[Auggie]

9. Most models I've paid get about $200 an hour

If I were on jury I would award her that for the session fee and maybe an extra $1000 for punitive damages. I'm surprised a lawyer even took on this case.

[Sherman A1]

2. If she refused to sign the release

the photo should not have been used and I believe she is due both an apology and some compensation.$2.2B might be a little excessive, but I think there is a point to be made and it should be made.

[2naSalit]

5. With a damages amount in the billions means

that they will likely make an attempt to settle for an acceptable - to her- amount. I hope she suceds. ABC used my image years ago and I complained about because it was included in a Peter Jennings documentary/special report and the voice over stated that I was there for exactly the opposite reason that I was there. I got a lot of flak about it and ABC never responded to my request for an apology. I should have sued them.

[TexasTowelie]

6. Did it result in the defamation of your character?

That is one reason why I think that this woman has a strong chance to receive some type of settlement. The photo was apparently doctored so that it looked like she was consuming alcohol so I could see how she might have a case that it could impact her ability to gain employment or prevent a promotion.

[2naSalit]

8. Eo some degree where

many people were upset that I was represented as such in the broadcast and I was reprimanded by some. They believed what was being said about me and many of the people in the images they showed. It caused me to have to spend a bit of time clearing my name.