Author Topic: A blow to frivolous lawsuits...  (Read 316 times)

Offline gofaster

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A blow to frivolous lawsuits...
« on: January 22, 2003, 03:02:17 PM »
The court of common sense won a case today.  Check it out.

=====From Yahoo News=======

Judge Throws Out McDonald's Obesity Suit
7 minutes ago  
 
NEW YORK - Saying the law is not intended to protect people from their own excesses a federal judge threw out a class-action lawsuit Wednesday that blamed McDonald's food for obesity, diabetes and other health problems in children. Remember that quote.  I suspect you'll hear it again for other liability lawsuits.


U.S. District Judge Robert Sweet said the plaintiffs failed to show that the fast-food chain's products "involve a danger that is not within the common knowledge of consumers."


The lawsuit was filed against McDonald's last summer and sought unspecified damages.


"If a person knows or should know that eating copious orders of supersized McDonald's products is unhealthy and may result in weight gain ... it is not the place of the law to protect them from their own excesses," the judge said. "Nobody is forced to eat at McDonald's." Isn't controlling the diets of children the responsibility of parents?


Plaintiffs' attorney Samuel Hirsch filed other, similar lawsuits last year. In one, a 270-pound city maintenance worker alleged that eating McDonald's, Wendy's, Burger King and KFC had caused him health problems. Those suits had been dropped or put on hold while Sweet considered the lawsuit against McDonald's. 270 pounds?  Didn't the guy realize he was getting as big as a house and that maybe he should go on a sensible diet and get some moderate exercise?


The lawsuits became a lightning rod for pundits and editorial writers who jeered that they were the latest example of a litigious society in which people abdicate personal responsibility.


"Common sense has prevailed," McDonald's spokesman Walt Riker said. "We said from the beginning that this was a frivolous lawsuit. Today's ruling confirms that fact."


On Wall Street, McDonald's stock was up 7 cents at $15.41 on Wednesday afternoon.


Hirsch said the lawsuit will be amended and refiled within a month. This should be interesting.  Amended to say what, exactly?


Hirsch had argued that the high fat, sugar and cholesterol content of McDonald's food is a "toxic kind of thing" when eaten regularly by children. So is ice cream.  I wonder if he's going after Carvel and Baskin Robbins next.  So where were the parents during all of this fast-food eating?
« Last Edit: January 22, 2003, 03:05:12 PM by gofaster »

Offline Eagler

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A blow to frivolous lawsuits...
« Reply #1 on: January 22, 2003, 03:07:43 PM »
darn

There goes my chance for millions, guess I'll stop force feeding my kid 9 big macs & biggie fries a day :)
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Offline gofaster

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A blow to frivolous lawsuits...
« Reply #2 on: January 22, 2003, 03:10:46 PM »
Happy Meals - a conspiracy by the toy cartels to sell more toys and poison our youths with high-fat foods!  Our children are at risk! There outta be a law!  I'm going to sue!

Offline mietla

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A blow to frivolous lawsuits...
« Reply #3 on: January 22, 2003, 03:33:46 PM »
Not for long I'm afraid. Those fcuking lawyers will not give up that easily.

Offline whgates3

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A blow to frivolous lawsuits...
« Reply #4 on: January 22, 2003, 03:36:01 PM »
yes, judges throw out frivolous lawsuits, which is why there is no need to legislate against them

Offline mrsid2

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A blow to frivolous lawsuits...
« Reply #5 on: January 22, 2003, 03:56:42 PM »
I guess even the blind chicken sometimes finds a seed.

Offline GRUNHERZ

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A blow to frivolous lawsuits...
« Reply #6 on: January 22, 2003, 04:05:39 PM »
I'm gonna buy some McDonalds to celebrate.. :)

Offline mrsid2

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A blow to frivolous lawsuits...
« Reply #7 on: January 22, 2003, 04:08:13 PM »
Bah Mac blows.. the judge knew it so he couldn't go with the suit.

Offline Karnak

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A blow to frivolous lawsuits...
« Reply #8 on: January 22, 2003, 04:43:27 PM »
Good ruling.
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