Court Blames MacDonalds for Fat People

[marinemom]

Court Reinstates McDonald's Obesity Suit

January 26, 2005

An appeals court Tuesday revived part of a class-action lawsuit blaming McDonald's for making people fat, reinstating claims pertaining to deceptive advertising.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals said a lower court judge erred when he dismissed parts of the lawsuit brought on behalf of two New York children.

U.S. District Judge Robert Sweet dismissed the lawsuit in 2003 because he said it failed to link the children's alleged health problems directly to McDonald's products.

But the appeals judges said New York's general business law requires a plaintiff to show only that deceptive advertising was misleading and that the plaintiff was injured as a result. The panel upheld other parts of the dismissal.

In a statement, Oak Brook, Ill.-based McDonald's Corp. said "common sense tells you this particular case makes no sense," adding the ruling "simply delays the inevitable conclusion that this case is without merit."

A message left for the lawyer representing two children named in the lawsuit was not immediately returned.

The lawsuit alleges that tens of thousands of children have suffered obesity, diabetes, heart disease, high blood pressure, elevated cholesterol and other health problems after being misled about McDonald's products.

Sweet ruled that consumers cannot blame McDonald's if they choose to eat at its fast-food restaurants.

"If a person knows or should know that eating copious orders of supersized McDonald's products is unhealthy and may result in weight gain," Sweet had written, "it is not the place of the law to protect them from their own excesses."


Anybody else think this is totally ridiculous? Forget Slim-Fast - get a lawyer

[Sgted]

Of course this is totally ridiculous.........

Where are the childrens parents ?.
And we all know that McDonalds has always served healthy, low fat / fat free food.

Just another attempt to take responsibility off the "victim" and move it somewhere, anywhere else there-by assuring the "innocent" that "their own excesses" had nothing to do with it.

[al20852]

Sure its rediculous, but the problem with our legal system (although some may consider it a virtue) is that it allows plaintiffs, even those who bring what most people would consider ridiculous claims) their day in court. The defendant here has a right to a jury trial, and the plainitiff has no chance of ever winning. The sad thing though is that, because it costs so much to hire lawyers, that McDonald's may just settle the case and give the Plainitff some money just to go away. That would be agreeing to blackmail, but it happens a lot in corportate America.

[yellowwing]

This week the local grocer had a sale on a good cut of standing rib roast. Delicious beef!

But last time, I got a cut that only had two bones. Very difficult to carve properly. So this time I asked the butcher for a thicker cut. The SOB cut me a roast the size of a football!

I think I'll get in touch and sue him for his getting my cholesterol into the high three digits! (But dang it was delicous!)

And if I win the lawsuit, I'll buy the first TWO rounds at the Leatherneck reunion! :banana:

[Toby M]

I long for the day when we can become responsible for our own actions again! It is plain rediculous to place blame on someone else for the decisions you make! You make the decision to smoke and have to suffer the consequences; you make the decision to eat at fast food restaurants so suffer in your own misery! I cannot feel sorry for anyone foolish enough to allow someone else or something else to control his actions! No amount of money can compensate a person for so much stupidity!!! Does moderation or common sense ever enter into the picture?

[Osotogary]

It's a dammm shame because if it wasn't for my Fathers' sperm and my Mothers' ovum ... I wouldn't be here. Now that worth sueing somebody. Who wants to be sued by me? LMAO. The court ought to sue itself and sue the plaintiffs who exhibit little or no common sense.
Side note- The moment I took my first puff of a cigarette, when I was a kid, my body let me know that this was a no-no but I proceded on until it became a habit. Just think, I could have had a Marlboro leather jacket by now if I had saved their coupons.
I'm glad I stopped. It has been four years now.

[Namvet67]

frivolous has risen to new heights...

[CplCrotty]

For the most part the practice of law has turned into a big business in the U.S. The name of the game is "settlement." The lawyer's have mastered the court system in extracting their pay-offs, one of which is fear by way of depositions, bad press and the other side having to pay their lawyers. As in all civil cases such as this, the judge can always rule on summary judgment and immediately dismiss the case, but very few have the courage to stand-up to their political buddies. There are plenty of corporate @#%holes who also abuse the system to their benefit, especially when they want to get rid of a bothersome shareholder and so forth.
As far as I'm concerned there is no difference between the guy holding-up the local 7/11 and a trial attorney go after the big pay-off. But then again, at least the robber is honest about what it is he's doing!

[CAR]

Here we go again ...... another step to blame someone else for what we should be responsible for. Hey yellowing .. the next time that SOB cuts you a piece of meat that big, let me know. I don't want you to have to take on that health risk all by yourself. I'll bring the A-1.