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Tag: litigator

Politics and Puffery

By The Wizard of Laws, Section Multimedia
Posted on Tue Sep 15, 2009 at 10:14:40 AM EST
Tags: attorney general, courts, experience, Gretchen Whitmer, litigator, puffery (all tags)

Cross-posted in The Wizard of Laws

We have all experienced puffery, although some may not be familiar with the term itself. "Puffery" is an exaggeration or statement that no reasonable person would take as factual. Typically occurring in advertising and sales, the fact that a statement is not believable means that you cannot sue someone for saying it. For example, "This is greatest car ever made" is puffery, and if you buy the car and discover it isn't the greatest car ever made, you cannot sue over it.

The most common example of puffery besides sales is in resumes and job applications. There was an attorney who left our firm and, applying for other jobs, billed himself as experienced in ERISA transactions. Technically true, but the experience consisted of getting COBRA notices after being canned.

Among resumes and job applications, the worst subset has to be political biographies. These magnify every kid with a lemonade stand into a "job-creating small business owner" and anyone who flips off a light switch into a "green energy activist."

With the 2010 election season beginning to form like a high pressure system over the Rockies, we're going to hear a lot of biographical puffery from candidates.

Gretchen Whitmer? No exception.

(1 comment, 736 words in story) Full Story