Another contender for stupidest lawsuit ever

Remember the two contestants for "Stupidest lawsuit ever"?

Via Michelle Malkin, Ted Frank reports that the U.S. Tenth Circuit Court of Appeals upheld a district court's jury judgment for defendant Southwest.

No doubt frustrated from last-minute-Annie passengers, a Southwest flight attendant said over the intercom, "Eenie, meenie, minie, mo, pick a seat, we gotta go." A black woman claimed that the rhyme has racist meaning and caused her to suffer seizures. She could have been awarded attorneys' fees had she won, but Southwest cannot seek compensation for its own legal expenses. Some jurisdictions provide for defendants to receive attorneys' fees if the lawsuit is deemed "frivolous," so either the judge didn't find that the lawsuit was, or Kansas law has no such provision. As Frank noted, nothing prevents the woman from filing such lawsuits again.

And by the way, it's an urban legend that "eenie meenie" is racist in origin.