Federal Judge Dismisses Obesity Lawsuit Against McDonald's in New York

Doglips · 01-22-2003, 03:30 PM

OUT STANDING!!!!!!!!! this judge actulay applied common sense....its such a refreshing thing.

Judge Dismisses McDonald's Obesity Suit
Federal Judge Dismisses Obesity Lawsuit Against McDonald's in New York

The Associated Press

NEW YORK Jan. 22 —
A federal judge on Wednesday dismissed a class action lawsuit filed on behalf of New York children that claimed McDonald's food caused them to suffer health problems including diabetes, high blood pressure and obesity.

"If consumers know (or reasonably should know) the potential ill health effects of eating at McDonald's, they cannot blame McDonald's if they, nonetheless, choose to satiate their appetite with a surfeit of supersized McDonald's products," U.S. District Court Judge Robert Sweet said in a 65-page ruling.

"One necessary element of any potentially viable claim must be that McDonald's products involve a danger that is not within the common knowledge of consumers. ... Plaintiffs have failed to allege with any specificity that such a danger exists."

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

Attorney Samuel Hirsch, who represents the plaintiffs, had argued that the high fat, sugar and cholesterol content of McDonald's food is "a very insipid, toxic kind of thing" when ingested regularly by children. According to McDonald's Web site, a Big Mac packs 590 calories and 34 grams of fat while a large order of french fries weighs in at 540 calories and 26 grams of fat.

Hirsch said the public may generally understand that fast-food burgers and fries are not health food, but does not realize just how bad they can be.

He did not immediately return a telephone call seeking comment.

McDonald's shares were up 5 cents to $15.39 each in midday trading on the New York Stock Exchange.

Stopper · 01-22-2003, 04:05 PM

Spank my arss and call me Sally - it's about time some judge used some common sense!!!

dhermesc · 01-22-2003, 04:07 PM

Apparently this judge doesn't sit on the 5th District. What kind of lawyer uses the term "Toxic kind of thing" in a legal brief?!

Calvin · 01-22-2003, 04:12 PM

The same type of lawyer that would file a lawsuit this stupid in court....

NRAJOE · 01-22-2003, 05:16 PM

I'd rather call you Suzy, Stopper...

Stopper · 01-22-2003, 05:55 PM

Suzy rotten cr*tch doesn't have the same "ring" as Sally rotten cr*tch! But I like your enthusiasum!!!

NRAJOE · 01-22-2003, 05:57 PM

Actually, I think its Mary Jane Rottencrotch according to my old D.I.

Sniper[MI] · 01-22-2003, 08:31 PM

Quote:

Originally posted by Stopper
Spank my arss and call me Sally - it's about time some judge used some common sense!!!

I agree with you SALLY!! I can hardly believe it myself, but then there is always the appeal from the s hit weed lawyers...

01-22-2003, 03:30 PM	#1
Doglips Senior Member Join Date: Mar 2002 Location: Cocoa Florida Posts: 9,082	Federal Judge Dismisses Obesity Lawsuit Against McDonald's in New York OUT STANDING!!!!!!!!! this judge actulay applied common sense....its such a refreshing thing. Judge Dismisses McDonald's Obesity Suit Federal Judge Dismisses Obesity Lawsuit Against McDonald's in New York The Associated Press NEW YORK Jan. 22 — A federal judge on Wednesday dismissed a class action lawsuit filed on behalf of New York children that claimed McDonald's food caused them to suffer health problems including diabetes, high blood pressure and obesity. "If consumers know (or reasonably should know) the potential ill health effects of eating at McDonald's, they cannot blame McDonald's if they, nonetheless, choose to satiate their appetite with a surfeit of supersized McDonald's products," U.S. District Court Judge Robert Sweet said in a 65-page ruling. "One necessary element of any potentially viable claim must be that McDonald's products involve a danger that is not within the common knowledge of consumers. ... Plaintiffs have failed to allege with any specificity that such a danger exists." McDonald's spokesman Walt Riker said in a statement that "common sense has prevailed. We said from the beginning that this was a frivolous lawsuit. Today's ruling confirms that fact." Attorney Samuel Hirsch, who represents the plaintiffs, had argued that the high fat, sugar and cholesterol content of McDonald's food is "a very insipid, toxic kind of thing" when ingested regularly by children. According to McDonald's Web site, a Big Mac packs 590 calories and 34 grams of fat while a large order of french fries weighs in at 540 calories and 26 grams of fat. Hirsch said the public may generally understand that fast-food burgers and fries are not health food, but does not realize just how bad they can be. He did not immediately return a telephone call seeking comment. McDonald's shares were up 5 cents to $15.39 each in midday trading on the New York Stock Exchange.

01-22-2003, 04:05 PM	#2
Stopper Senior Member Join Date: Mar 2002 Location: Kansass Posts: 2,209 Images: 1	Spank my arss and call me Sally - it's about time some judge used some common sense!!! __________________ They should have stopped at "Congress shall make no law"

01-22-2003, 04:07 PM	#3
dhermesc Senior Member Join Date: Apr 2002 Location: East Central Kansas Posts: 2,136	Apparently this judge doesn't sit on the 5th District. What kind of lawyer uses the term "Toxic kind of thing" in a legal brief?! __________________ Liberty is for those that claim it.

01-22-2003, 04:12 PM	#4
Calvin Senior Member Join Date: Mar 2002 Location: Columbus, Ohio Posts: 2,072	The same type of lawyer that would file a lawsuit this stupid in court.... __________________ If you don't like cops, call your local crackhead for help next time!

01-22-2003, 05:16 PM	#5
NRAJOE Senior Member Join Date: Apr 2002 Location: Toledo,OH Posts: 19,737 Images: 3	I'd rather call you Suzy, Stopper... __________________ U.S. Army 1976-1979 237th Combat Engineers Heilbronn, Germany

01-22-2003, 05:55 PM	#6
Stopper Senior Member Join Date: Mar 2002 Location: Kansass Posts: 2,209 Images: 1	Suzy rotten crtch doesn't have the same "ring" as Sally rotten crtch! But I like your enthusiasum!!! __________________ They should have stopped at "Congress shall make no law"

01-22-2003, 05:57 PM	#7
NRAJOE Senior Member Join Date: Apr 2002 Location: Toledo,OH Posts: 19,737 Images: 3	Actually, I think its Mary Jane Rottencrotch according to my old D.I. __________________ U.S. Army 1976-1979 237th Combat Engineers Heilbronn, Germany