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Fast Food Lawsuit - Attorneys and Their Unwritten Laws.


Attorneys and the law would seem to go hand in hand. At least theoretically. However, upon closer examination, attorneys and the law have very little in common nowadays, unless of course you’re talking about the attorneys’ propensity for using the law to their best advantage. If you look closely, you'll discover that the legal concepts of right and wrong have sadly been replaced by the unwritten law of who’s got the best attorney.

Where our proud country was originally founded upon the venerable precepts of the law of the land and law and order, these time-honored principles have been methodically replaced by the law of the lawyers … and law and odor. How did we, as a nation, fall into this insidious trap?

Regardless of whether we like it or not, attorneys have meticulously manipulated the legal system to fit their own self serving needs. The rules of the game, the unwritten law if you will, heavily favor the attorneys and why shouldn’t they?

After all, who ultimately makes the rules that the rest of us have to pay, sorry - I mean play, by? Politicians do, of course. Want to hazard a wild guess at what is the single largest profession of politicians prior to them taking office? The legal profession, of course.

Not coincidentally, the unwritten law dictates that the lawyers make the money as well. There has never been a better time to make money in the legal profession than right here and now. Regardless of whether the attorneys gig their clientele by the hour or work out a contingent fee arrangement to skin their clients, lawyers are making money like it’s going out of style.

Contingent fee attorneys, those who take cases and get paid a portion of the damages or settlement awarded, in many instances rake in over 50% of the money received.

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Another McDonalds Lawsuit - Fat or Fast Food?


Will these insane fast food lawsuits ever end? Not a chance. In fact, the trial lawyers have just got the ball rolling.

Now here comes three teenagers in New York City who have filed a class-action lawsuit against McDonald's Corp., saying the fast food chain's food caused them to gain as much as 200 pounds and develop serious health problems including heart disease and diabetes.

Been there -- done that.

The latest lawsuit, filed in the New York Supreme Court, comes on the heels of a nother lawsuit whcih was filed by a New York City man, who has been eating fast food since the 1950s, sued the country's four leading fast-food chains, also blaming the restaurants' fatty fare for his health problems.

In July of 2002, Caesar Barber, filed a suit — also with the Supreme Court of New York — against McDonald's, Burger King Corp., KFC Corp. and Wendy's International, blaming the chains for making him and others overweight and raising his risk of illness related to being overweight. Not coincidentily, the teens are being represented by Samuel Hirsch, the same attorney that represents Barber in his case.

The teenagers, whose ages range between 13 and 19, say in court papers that McDonald's inaccurately posted nutritional information and deceptively advertised its products. They also say the restaurant chain used marketing practices such as toy and value meal promotions to entice its patrons to eat the food.

"We feel that the advertising strategies [of quick-service chains] target young children," said Samuel Hirsch, the attorney representing the teenagers. "Toy promotions and Happy Meals are a lethal combination."

Hey Samuel, why don't you settle down and take a chill pill?

Mr. Hirsch said his clients ate at McDonald's almost every day for at least five years. One teenager, who is 5-foot-9-inches tall, now weighs 270 pounds; another, who is 5-foot-3-inches tall, now weighs 200.

The parents of the teenagers, either unemployed or on disability, obviously wanting to set a good example and teach their children about personal responsibility, filed the lawsuit on behalf of their children. The lawsuit seeks undetermined compensatory damages.

McDonald's, up to their Egg McMuffins in lawsuits, said the lawsuit and others like it make "no sense."

"This is nothing more than a frivolous lawsuit," company spokesman Walt Riker said in a written statement. "Its claims are ridiculous. Common sense tells you that it makes no sense. McDonald's serves quality food. Our menu features choice and variety with lots of options for consumers. Meanwhile, McDonald's will continue to do what we've been doing for 30 years: providing industry-leading nutrition information to customers about our menu offerings so that they can make informed choices," the statement reads.

Since when does common sense have anything to do with lawyers and lawsuits?

So far, the two cases are based on studies documenting obesity and related illnesses. The latest lawsuit charges that McDonald's franchises are negligently selling products "that are high in fat, salt, sugar and cholesterol content which numerous studies have shown cause obesity, diabetes, coronary heart disease, high blood pressure, strokes, elevated cholesterol intake, related cancers, and/or other detrimental and adverse health effects and/or diseases." These lawsuits are nothing but a shameless money grab, where the lawyers and their chunky clientele are pointing their pudgy fingers and blaming others for their corpulence. Hey, here's an idea. Why doesn't Sam tell his overweight teenage clients to STOP EATING THE BURGERS, FRIES and FRIED CHICKEN!

Fat chance, no pun intended. Hirsch is not about to do that. Hirsch and his sue happy clients, contrary to their claims to the contrary, are looking for one thing and one thing only -- and that's to fatten their wallets.

Source: THE WASHINGTON TIMES.

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McDonald's Rips Amended Obesity Lawsuit.


McDonald's Corp. on February 20, 2003 dismissed as "senseless" the filing of an amended lawsuit that blames the company's fast food for obesity in children. The new lawsuit alleges that McDonald's food is more hazardous than their customers expect.

"This senseless lawsuit's selective focus on only one food organization is not only absurd when you look at the facts, but is a serious disservice to anyone who is looking for real answers and information about healthy lifestyles, energy balance and personal responsibility," McDonald's said in a statement.

The National Council of Chain Restaurants also blasted the new lawsuit, calling it "ridiculous."

Source: FindLaw.com, February 21, 2003.

McDonalds Asks Judge To Throw Out Big Mac Attack.


McDonald's, long time home of the golden arches and now home to nonstop lawsuits, is trying to kill a controversial lawsuit which blames the restaurant chain for youth obesity. McDonalds contends that people know that gobbling up too many Big Macs, Quarter Pounders with cheese and fries will make them fat.

Lawyers have filed a class-action lawsuit against McDonald's on behalf of New York children who have suffered health problems, including diabetes, high blood pressure, and obesity.

In federal court in Manhattan on November 20, 2002, lawyers alleged that the fast-food chain has created a national epidemic of obese children. Samuel Hirsch, representing the plaintiffs in the case, 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 young kids.

The plaintiffs include a Bronx teen who ate every meal at McDonald's for three years while living in a homeless shelter. Another is a 13-year-old boy from Staten Island who says he ate at McDonald's food three to four times a week and is now 5-foot-4 and 278 pounds.

McDonald's lawyer Brad Lerman insisted the lawsuit was "the kind of lawsuit that shouldn't be in court."

McDonald's has asked Judge Robert Sweet to dismiss the case, arguing those who filed the claims cannot show their health woes were caused by Big Macs and insisting the company has never misled customers about its food. The judge did not immediately rule on the request.

"The plaintiffs' lawsuit asks the court to abandon common knowledge, common sense," said a lawyer representing McDonald's.

But what has common sense have to do with stupid lawsuits these days? Evidently, very little. that is especially true when there are megabucks on the table.

McDonald's said that the law does not require that restaurants to warn customers of the "universally understood" fact that common foods contain fat, salt, sugar, cholesterol and other basic ingredients. Stating what would appear to be the obvious, McDonald's believes that reasonable people know what products are in hamburgers and fries and what excessive eating of those products does to one's waistline over a prolonged period.

"People don't wake up one day thin then wake up the next day and are obese," he said.

No, duh. Maybe after the hundredth Big Mac someone might notice that they are putting on a few pounds?

The lawsuit itself does not allege that McDonald's products are defective or contaminated but instead tries to hold the company responsible for telling people something that is commonly understood. He said that McDonald's has never billed their Big Macs or fried foods as being as low in calories as a "spinach salad."

Oakbrook, Illinois-based McDonald's issued a statement after the hearing saying that choices available at its restaurants and the nutrition information it provides demonstrates that the lawsuit's allegations are unfair.

"With most meals eaten at home, and about 900,000 dining options available to American consumers every day, McDonald's is no more responsible for an individual's overall diet and lifestyle choices than any other food destination, whether it's your own kitchen, local restaurant or grocery store," the company said.

However the lawyer who filed the lawsuit alleges that McDonald's has deliberately tried to mislead the public into thinking Big Macs and other products are nutritious. He said that while the chain might post nutritional information in its restaurants the information is often difficult to understand and placed in hard-to-read locations.

"It's a serious lawsuit with serious issues," he said.

Not to mention the serious money the is chasing.

This lawsuit is one of four cases filed against McDonald's and other fast food chains over the obesity issue. However, two of the cases have been dismissed and another is dormant.

The current action, which seeks unspecified damages, was brought on behalf of overweight children who consumed foods at two McDonald's located in the Bronx. One of the plaintiffs is a 14-year-old girl who is 4 foot 10 inches tall and weighs 170 pounds.

Naturally, the lawsuit seeks class action certification so that the lawyer can represent other children throughout New York State.

The plaintiffs allege that the McDonald's restaurants violated New York State's consumer fraud statutes by failing to adequately disclose the ingredients in some of the foods and the possible health effects caused by eating them.

The Lawyers Stink Take On the Whole Sordid Mess: Have we reached the point where we are no longer responsible for anything in our lives? Is it always someone else's fault when something bad happens to us? Come on, let's get a grip here. If you choose to stuff your face with burgers, fries and the like, there is a good possibility that you may put on a few pounds (maybe more than a few).

I don't have to be told not to drop a bowling ball on my foot. Common sense tells me not to do that and further, I can make a decision and choose not to do so. If I go ahead and drop it anyway and in the process break my foot, do I have the right to sue the bowling ball manufacturers? Get real.

Life is about making choices and being held accountable about those choices. McDonald's may not be known for its dietary cuisine, but salads and other lighter fare are available -- and if you don't like what they're serving, you can go someplace else.

Source: UK Reuters, AP, November 20, 2002

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