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Wednesday, October 11, 2006
John Stossel :: Townhall.com Columnist
McDonald's didn't make them fat
by John Stossel
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I have a question for federal Judge Robert Sweet: If your own children blamed McDonald's for making them fat, would you buy it?

I don't think so.

Yet the judge has given the green light to a lawsuit against McDonald's by two teenaged girls who claim the popular fast-food chain tricked them into eating food that made them fat and sick. At first it looked as if this lawsuit was going to be pushed down the garbage disposal, but now it's back. What's going on?

Three years ago, the girls accused McDonald's of deceptive advertising and selling unhealthy food. Judge Sweet dismissed the suit because the allegations were too vague. "Where should the line be drawn between an individual's own responsibility to take care of herself and society's responsibility to ensure others shield her?" he asked. "The complaint fails to allege the McDonald's products consumed by the plaintiffs were dangerous in any way other than that which was open and obvious to a reasonable consumer."

But he invited the plaintiffs to re-file it with more specific information. Sure enough, they did, and last month, the judge ruled that the girls had identified to his satisfaction "40 deceptive ads" and "sufficiently described" the harm McDonald's food allegedly caused them: "obesity, hypertension and elevated levels of LDL cholesterol."

Who knows what a jury will do when the lawyers play on its sympathy for the overweight girls. Whether McDonald's wins after a lengthy legal battle or loses and gets hit with a big damage award, you and I will pay through higher prices. Our choice of foods could even be limited if fast-food chains decide it's the only way to avoid future lawsuits. Au revoir, French fries?

Are we a nation of responsible adults or children? I don't want government to be my Daddy any more than I want it to be my Big Brother.

Whatever happened to self-responsibility? Sure, McDonald's commercials put the best spin on its products. All advertisers do that. Individuals should exercise caution, and parents should teach their kids a little skepticism. It's not as if information about nutrition is hard to come by. Today we're constantly harangued about cutting calories, reducing fat, and exercising more. McDonald's competitors, such as Subway, provide lots of counter-information. You'd have to live in a cave not to know about this stuff.

Fast food doesn't have to make you fat. Soso Whaley of New Hampshire once ate only at McDonald's for a month. The result? Unlike the guy who did the "Super Size Me" documentary, Soso lost 10 pounds, and her cholesterol dropped 40 points. How? She didn't pig out. Low-carb dieters have lost weight at McDonald's by eating the burgers without the buns and skipping the fries.

All this goes to show that anyone whose health was harmed by eating at McDonald's only has himself or herself to blame. To bloat himself up an individual has to choose to enter the restaurant on a regular basis, overeat an unbalanced diet, and fail to exercise. Should that person be able to pin his health problems on McDonald's?

If so, where does it stop? You can get fat eating Girl Scout cookies or dining at expensive restaurants. Should we sue someone whenever we don't like the results of what we do?

The consequence will be higher prices and fewer choices for consumers. If that's what our system of "justice" gives us, then something is badly wrong.

I want lower prices and more choices.

I'm not saying people shouldn't be able to sue a business when they have been harmed. But we should limit frivolous lawsuits the way the rest of the world does. The loser should have to pay the legal bills of the winner. It's only fair. It costs a lot of money to defend against a lawsuit, even a frivolous one.

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About The Author
John Stossel blogs at http://blogs.abcnews.com/johnstossel/ is an award-winning news correspondent and author of Myths, Lies, and Downright Stupidity: Get Out the Shovel--Why Everything You Know is Wrong.
 
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First, let's kill all the lawyers
The Bard.

I hope that if I'm ever seated on a jury, it's either a juicy criminal case where I can vote to have the defendant sent into orbit around Pluto, or one of these ridiculous product-liability suits. So I can vote to have the plaintiff's lawyers sent into orbit around Pluto.

Well, I guess I can't do that. Bummer.

But did you ever notice how these things play out, especially class-action suits? Hollywood Video gets sued, loses and gets a $20 million judgement. The lawyers rake off $7 million, and I get a discount of 50% on my second rental with one rental at full rate.

I repeat, first let's kill all the lawyers.

Responsibility
According to the liberals it is always someone elses fault for the failure of people. It is never their decisions that caused themselves harm. When are we going to say enough? Let the losers pay and then the companies can defend themselves. Right now even if the defendant wins he still loses in high legal cost. Make the loser pay and it may help end these types of suits.

This is all based on a legal theory
I took several law classes in school and they all discussed the purpose of civil law suits was to make the victim whole. The theory was that if anything bad happened to someone, it was society's duty to correct the injustice. Therefore, you need to find someone with deep enough pockets to pay to correct the issue whether they were really to blame or not. That is because the society is served by that action.

Totally insane, but being taught to our lawyers.

"Victimhood lives on"
McDonalds did not shove the food down these girls throats. Also, where are the parents in this scenario? Probably drooling at the idea of a million dollar plus award (which they can in turn use to buy more fast food, even at McDonalds or what the heck, BUY their own fast food franchise!) Given most advertising today one could just about sue any business for any reason. Oh the victim and entitlement mentality just seem to never stop. Mr. Stossel, another one of your terrific writings.

BrianR...
...I just laughed milk out my nose.
Thanks a lot.
:)

I worked in fast food.
I've worked for Micky D's, Wendys etc fr a long time.
I'm not overweight now-nor was I when I worked in fast food.
It's amazing what exercise'll do for a person.
To the plaintifs: Um "ladies", a little responsibility for ones actions goes a long way.
You should try it.

Re: McDonalds
The Commodore & his Lady unto Townhall: greetings.

It's a wonder the several States & the Federal Government haven't signed on to this lawsuit under the Medicare Recovery Act.

We have a "case" at bar like unto the several States & the Federal Government v. several Tobacco Companies: tobacco smoking causes CANCER & the victims must be made whole.

The Commodore wonders aloud if this is Prohibition through the back door. If so, let us use the Congress & the State Legislatures, not the Federal Courts.

Besides, the "case" will be decided 5-4 by the Supreme Court: the Clinton-appointed Justices v. the non-Clinton appointed Justices. Bush v. Gore all over again, with the winner being Hillary.

And the Commodore looks back to Ancient Israel: Samson & the Temple of Dagon, Judges 11.

Major Rufus Cobb
BrianR reminded me of this character -- actually a role as a crusty old newspaper editor played by Henry Hull in the oldie movies, "Jesse James" (1939) and "The Return of Frank James" (1940). "The Major's" sentiments regarding lawyers -- "If there is ever to be any law and order in this territory, we gotta take out all the lawyers and shoot 'em down like dogs".

Brian brings us to the Space Age.

McDonald's Didn't Make ME Fat
I know it's anecdotal evidence, HOWEVER, I may have eaten at McDonald's more than 98% of Americans in the last 30 years (due mostly to the MickeyD's in my neighborhood being situated between my house and my job), yet at age 44, I have a 30" inch waist (6' tall), low cholesterol, no hypertension, nor any of the ill effects that these "victims" claim.
The difference, I'm sure is that I'm no couch potato. Load up with carbs, flop in a chair with the remote and telephone, and what's your body to do? I'm sure these plaintiffs have never heard of Glycogen or have the foggiest notion of metabolism.
By the way, I'd be willing to be a witness for the defense in this case. In the meantime, I suggest using the phrase, "loser pays," at every opportunity, to get people thinking about reforming our legal system. The idea has never occurred to many Americans.

health Nazi lies
Once Americans agreed to the health Nazis'junk science based hate laws against smokers, they lost the moral right to complain about health Nazis controlling the American diet.

The Federal Solution
Given the epidemic of obesity in America and the shameless onslaught of advertising and promotion from "Big Food" and their cholesterol and fat laden fare, I feel it is time our federal government stepped up to the plate and created a new federal program to protect American consumers from this vicious threat. Operating under the department of Health and Human Services, this department could be empowered to inform and educate the ignorant masses as to the evils foisted upon the citizenry by these shamelessly profit-seeking enterprises that devilishly pump their food with irresistible fat, cholesterol, and grease.

Congress could also set up food health standards that this department would be encharged to enforce. All menus would be thoroughly examined for their nutrition content and be subject to approval by bureacrats working in this department -- any changes to the menu would likewise be subject to approval before the changes could be implemented.

The benefit to the restaurant and Fast Food industry would be the immunity to these nuisance lawsuits since their menus would have the approval of our federal government. Just think how much healthier our citizenry would be with the wisdom and oversight of the feds out there protecting them from the shameless capitalists peddling their addictive foods all in the name of profit! Another federal program would be nothing but a win win for everybody.

McDonald's DIdn't Make Them Fat
How about putting the girls' pictures on a poster to be displayed at their local eateries...."DO NOT SERVE; WILL SUE". They would lose weight and the law suit. KC



to the commodore
you have a point but if you keep your hat on maybe no one will notice.

Another frivilous lawsuit
That will probably pay off. Whether it's eating fast food everyday, smoking coffin nails (which they were called long before I started smoking), or any other destructive behavior, it comes down to the choices you make.

Girls, you made the choice to eat the burgers and fries. Move to yogurt and salad and lose the weight.

Sue the Bastards
The concept of civil litigation "making the plaintiffs whole" has morphed into a frankenstein monster.

No longer is American jurisprudence available to "make whole", but it also controls and punishes. We will now control and punish McD's, et al, for our own failures.

TH.com posters consistently mention personal responsibility. That is absolute. If you're fat, or if you're skinny and don't want to be fat, DON'T EAT SO MUCH and EXERCISE!!

BrianR, it's not the lawyers. Lawyers do NOT initiate litigation. It's greedy citizens and social engineering judges who caused this mess.
All lawyers do is REPRESENT clients by filing the appropriate paperwork with the court. They don't run around forcing clients to sue anyone.

If killing people would solve the problem, I'd be the first to do it. We need tort reform, BrianR. Don't be so simplistic. Write your rep and senators. Express the problem and SOLUTION succinctly. It's what you do best, BrianR.

"Kill all the lawyers" my patootie.

One more thing
I would LOVE to sit on that jury. (But they would never select me) :-(

Perfect product
I have invented the perfect product.
All market research says it will sell Billions,and will save lives and heal the sick stop world hunger,and power the world, polloution free' for three million years.

But alas Iam being sued because it spilled in some idiots lap and now they claim uncontrolable orgasms.
Sorry world,I'm pulling the product.

DavidMac writes:
"Lawyers do NOT initiate litigation. It's greedy citizens and social engineering judges who caused this mess."

And I suppose it's the greedy citizens and judges who place all the ad spots on TV trolling for more customers to file law suits?

Exactly the point
Bulwark

You made the point succinctly. From the time when rules were changed to allow lawyers to advertise we have been bombarded with the message that "you are the victim and we can get you money."

Litigation is sometimes necessary and justified. Many times it is simply extortion.

It's Your Fault, NOT McDonald's
Why is it that I figured out the summer of my 12th birthday that if I sat in front of the TV all summer and ate sugar cookies and drank Kool-Aid, I would gain weight. But, these two teenagers haven't figured that out? Sounds more like inate stupidity and poor parenting to me. I have not noticed that McDonald's is force-feeding anyone. . . .

David Mac
Are you a lawyer? My son wanted to be a lawyer when he was in high school. But then he paid closer attention to what they actually do and gave the whole law school thing a pass and joined the Navy. In my state, TV ads for attorneys are on constantly, and most tell the public you can get money, you deserve it. No one forces lawyers to take these ridiculous cases. They advertise for them.

KILLING ALL LAWYERS WON'T WORK
While I agree that getting rid of a few thousand lawyers would be fun, it isn't the answer to these stupid "lawsuits", I use the term loosely.

Killing the lawyers is kind of like cutting the tail off of a snake. You can't kill a snake that way, you have to cut it's head off! We need to rid ourselves of all the liberal "judges", again I use the term loosely, that allow this nonsense to go on.

If I were a judge in a case like this I would take one look at the two little piggies, listen for about 30 seconds to their pitiful squeals, then render judgement:

1. I order that McDonalds pay the sum of $100 to the nearest medical professional for the sole purpose of sewing your mouths 2/3rds shut so you can't eat so d*mn much!

2. I order the parents of these fine young heifers to pay a $10,000 fine to this court for allowing your children to eat like little pigs. It's called "child abuse" and you are reaping what you have sown. Cough it up.

3. I order you, Mr. Lawyer, to pay $10,000 to McDonalds for bringing this stupid crap into my courtroom, thereby wasting their time and money. I also order you to pay a fine of $100,000 to this court for the same reasons as stated above. This isn't a lawsuit, its a Greek tragedy that is a waste of the taxpayers money and my time. I have more important things to do. I will also file a suit against you with the sole purpose of seeing you disbarred. You have just brought shame to your profession and everyone that practices law.

This case is closed!


What Should McD's Have Warned?
CAUTION: Eating this stuff may cause you to look like the rest of the people in here.

BTW, most fast food restaurants post detailed nutritional info in the restaurant with even more on their websites. Does the law assume that people drive from one restaurant to another comparing transfat content before deciding where to dine? People eat at these because they are close and the quickest way to quiet a car full of whining tots. Please stop useing the courts for just another failed social engineering experiment.

Nanarae . . .
no, but I did study law a long time ago and wanted to be a lawyer. I ran out of time and money.

Bulwark, just because lawyers advertise doesn't mean they ADVOCATE.

Do automobile mechanics advertise? Yes. Does that mean they advocate cars breaking down? No. They know cars will break down. They provide a service. They make money doing that.

Doctors provide services, too. Does that mean doctors want people to be sick? No. They realize that people WILL be sick and need other people to help them.

Lawyers are essentially paper-filers. Some actually do love to litigate, but they would rather use letters and phone calls. It's easier and cheaper than going in front of a jury.

Greedy clients and activist judges cause the vast majority of problems. Clients will lie their butts off when they see the possibility of big bucks. Some judges want to legislate from the bench. They are not objective and persue an agenda using the legal system.

Look at the system with a logical and rational (not jaundiced) eye.

I also have an idea
Sammy writes: The Federal Solution
Given the epidemic of obesity in America and the shameless onslaught of advertising and promotion from "Big Food" and their cholesterol and fat laden fare, I feel it is time our federal government stepped up to the plate and created a new federal program to protect American consumers from this vicious threat.
-------------------------------------------


Or you can shut your pie hole and leave the federal government out of it.

Thoughts
The Bard may have suggested killing the lawyers but I think we should revisit some of the judges. Afterall, they are the ones who let the rediculous suits go through.

How about someone open a fast food restaurant that gives slow service and sells bad tasting food? I'll bet people will be in long lines to purchase stock in that company.

How about teaching counter help at fast food resaturants to say "NO, you can't have that, you're too fat!". I'll bet that would go over big.

Why aren't there chains of restaurants that sell only healthy foods and why didn't veggie burgers or tofu burgers ever catch on?

How about closing ALL fast food restaurants because they are unhealthy and make parents responsible for feeding their own brats? While we're at it, how about having the healthy food police stop in, unanounced, at meal time to make sure the meals are healthy.

How about making the plaitif attorneys responsible for all costs if they lose?

How about making the trial judge pay for all costs if an appeals court reverses the decision or reduces the award amount?

Just a few thoughts.

Won't somebody blame Feminists?
I am surprised I haven't seen some whining Real Man blaming the whole thing on the Feminists, who ought to be home in the kitchen cooking nutritious meals and by the way having lots more White Anglo Babies, while we're at it.

A lawyer I used to work for once proposed we start a restaurant called "It's Bad For You" and post a warning over the door "The Surgeon General Begs You On Her Knees, With Tears In Her Eyes, Not To Eat Here." There we'd serve every last single thing we personally enjoyed eating. And then we'd put a health club on the upper floor and in the restaurant we'd post signs saying "Look around you. Think you don't look like them? Walk upstairs to our coin-operated treadmills, stairmasters and exercise bikes and soothe your conscience and work off that jiggle."

We never did it because we were too busy defending against the Marching Mommies trying to confiscate America's guns. But likely we'd have been picketed anyway by people who think the second biggest evil in America (besides religion) is free choice.

By the way, as an English major who has studied Shakespeare extensively, I advise you to read the CONTEXT of that quotation about killing all the lawyers. It is in fact spoken by a criminal who is giving advice on how to succeed at crime.

People need to grow up!
If anyone 25 years ago heard about the frivolous lawsuits today, they wouldn't even count them as a good joke. Today however they are no joke. Trial lawyers, who have changed the name of their organization are partly to blame knowing that jurors can be swayed to just about any direction. This is rediculous. I am overweight and it is my fault. Who else can I blame? No one forced food down my throat. I must exercise more and eat less to lose weight. If I have the will power to do it, I lose weight if not I remain over weight. My Bad. These girls need to get off the fast food and lawsuit scams and get on the treadmill!

David Mack:
I understand your sentiments, but you seem to have missed my Hollywood Video example, which BTW was a real case, as were the results I outlined (which was exactly my award as an imputed member of the class: 50% discount on my second rental with one rental at full price. Yee-haa! I can retire!). I never asked to be a member of a class in that suit. It was imputed and assumed. By who? The slimy lawyers who ultimately raked off the millions in settlement fees. I never even knew about it until I received a letter informing me of my "award", including my coupon for the discount. Yep, we sure celebrated that night!

There are entire firms who specialize in nothing but plaintiff representation in product (and other) liability. It's their whole r'aison d'etre.

Jerry mentions the judges; you're close Jerry, but once again, what's a judge? A higher-ranking.... Lawyer!

I think Kraut actually mentions the best idea: loser pays. That will cut this nonsense down, especially if the attorney for the losing side is also as responsible as the client for the costs.

Otherwise, I'll stick with my solution of sending them into Pluto-orbit.

tsk, tsk
"First thing we'll do, let's kill all the lawyers" is from Shakespeare. And even he meant it jestingly. Honestly, someone should have already pointed that out.

Katie
Well, duh.

If you look at my post, you'll see the words "The Bard".

That was a hint.

I guess I should also point out that when I wrote that they should be sent into orbit around Pluto, that was also meant to be humor. It's scientifically impossible.

mg
But the TV ads ARE deceptive. I have young children who see these and other commercials (specifically aimed at children) telling them that these things will make them happy. A parent's words of wisdom don't go very far when their peers and siblings agree something "sure seems like a good thing." And even though the Happy Meals never make them happy (with those crappy toys) the anticipation leading up to the meal, and the notion that it MIGHT make them happy is enough to keep children going back. Fortunately for me, after several years (and dozens of disappointing Happy Meals) they are coming around to agree that not only to do the toys suck, but the food does too. Even so, I know that all it will take is for the "cool kid" at school to say "Happy meals are awesome" and they will ask to go back one more time. I wish as a parent I had the same influence that the cool kids do, but I am seen as less cool every year... even when they tell me I was right all along about chicken mcnuggets.

magar
Well, I know a big sloppy burger makes me happy. But I don't gorge myself on them.

You are your kids's parent. Here's a thought. When they ask to go back one more time, try this: say "No".

You'll be amazed at something; it actually works!

What's going to happen when your kids are teens? "Hey, Mom, some crack cocaine would sure make me happy!" "Oh, okay, let me drive you to your dealer."

personal responsibility, my big butt...
So, these girls had 3 years after their first failed attempt, to go back and get even fatter?...I am sure in this time they had to keep buying larger size clothes?...wouldn't you think their parents would step up to the plate and put a stop to their increasing size...I am sure their parents are in on this thing too...probably in it for the money...Judge Sweet should be voted out of office as soon as possible...During WWII when prisoners were liberated from the various POW camps around the world...there were no fat people...to blame ones obesity as someone elses fault is ludicrous...

Who do I sue
for menopause? I've notice that I'm starting to pack on some poundage and there has to be SOMEONE I can blame.....

true story
a couple of weeks ago I had a recces(sp?) peanut butter cup, on the inside of the wrapper was this statement "candy is a treat. please eat responsibly". No joke. tell me that isn't to stop a lawsuit. it make me freighten for this country. This one is for BrainR.

What do you call 100,000 lawyers at the bootom of the ocean?...

a good start! ;~)

You want *REAL* tort reform?
Don't ask Congress. Or hadn't you noticed that most of them are lawyers?

The real culprits in this overwhelming avalanche of frivolous lawsuits are not the practicing members of the plaintiff's bar, but rather the judges - who have a responsibility to keep their courtrooms from being used as venues of extortion.

The point of Mr. Stossel's article is that Judge Sweet - like so many of his colleagues over the past half-century - has failed in discharging that responsibility.

Lawyers are their clients' advocates. They'll do whatever they can to achieve their clients' objectives, no matter how sordid and stupid and (I use this word deliberately) criminal those objectives might be. It's their nature. Judges, on the other hand....

You don't blame the shark for swimming up underneath you and biting your leg off. You *DO* blame the S.O.B. in the boat who's been chumming the water all around you.

--

Missing Forest Through The Trees
We are a nation historically beset by con artists and fast talkers. P.T. Barnum only institutionalized the craft. Are we all responsible for being "suckers"? To a certain degree, of course. We should all learn from our own mistakes. However, there are at least two exceptions to that rule: (1) some cons are purposefully deceptive, and laws exist to ferret such con-artists out, make them stop, and possibly punish them for their actions, and (2) some cons are "slow-acting" ... we don't know the effect for a long time, and being "fooled" is not something we become aware of until it is too late.

The problem with MacDonald's is not just with the nature of the ingredients in the food it sells. If that were the case, there would be no case ... the danger inherent in trans-fat and greasy food is now well-known, and requires no warning label or other imposed means of informing would be consumers. To NOT know of the danger to health posed by fast foods is a general sign of ignorance, for which there is no remedy (except self-education). No ... the problem is in the advertising, which is precisely where the con exists. The questions that must be asked are these: Is the advertisement deceptive? ... If so, is the deception purposeful? ... What can be done to guarantee truth in advertising? ... Would the price for fast food increase (as John Stossel suggests) if fast food chains spent less on advertising? ... How does this apply to advertising, in general (including, it must be pointed out, political advertising or advertising for prescription drugs)? ... What can we do to reign in what used to be called "Madison Avenue"?

According to Stossel's report, these girls were teenagers. Most of us agree that teenagers are not adults, still require adult supervision in most social interactions, and therefore are NOT competent to make adult decisions regarding what is good for them or not! Anyone who disagrees with this point must then also be willing to allow teenagers to make decisons about consumption of other substances (drugs and alcohol), about continuation of their schooling, about having an abortion, and so on.

Lastly, this judge is not necessarily a "liberal, activist" judge simply because he (or she) said the kids (and their lawyers) needed to meet certain criteria for the case to go forward ... and they did! All judicial decisions are "activist" ... if judges did not ACT on the cases they were presented, they would not be serving as a judge. This judge, an individual, judged that enough evidence existed to allow the suit to move forward through the judicial process. The process includes all sorts of other checks and balances along the way, in order to best make sure that decisions are rightly obtained. If this particular judge had ruled that the kids did NOT present enough information, then he/she would have ACTED in a different way (and a sizable part of the population would have been upset with the decision). You use the term "activist" to mean "acting in a way with which I disagree". If enough smart people in the legal system agree with you (including this very judge, should the lawsuit get its full hearing), then this case will be examined from lots of angles and political perspectives.

That is why it is called a PROCESS! Too many people are too impatient about results, or getting their own way.

I'm Lovin it...
Hit a treadmill. It's that simple. My question is which McDonald's character held the gun to these girls' heads to force them to eat all of this fattening food? Hamburglar? Grimace? If it was Mayor McCheese, then we've got a government conspiracy.

Kraut
Love your thoughts.
Unfortunately'out here on the left coast we have the 9th circus court,which overturns every decision with a moral stance behind it.
Which might cost conservative judges alot.
Though I still like what you said.

Say NO
If you have children your responsibility is to be a parent, not a friend. You are there to teach them to act responsibly and that means all areas, including what to eat. I love a double cheeseburger and fries as much as anyone, but only once in a while. Not every day!

shays
If I'm understanding you correctly.
If say insert N.A.M.B.L.A and the judge says I find a lack of evidence,but you may move forward if you present such evidence,would he not be an activist.

It's close to lunchtime
Hmmmm, McD's might be on the menu today!

So Lawyers Don't Initiate Lawsuits, huh?
Doesn't anyone remember back to when this lawsuit was first trumpeted in the media? I saw one of the lawyers bringing the suit on a national, very popular daytime talk show, where the host challenged the attorney on the question of personal responsibility on the part of both the girls and their parents. I was shocked to hear the attorney state that he and his partner felt so strongly about this "terrible crime" being perpetrated on the innocent public that they had planned to bring forward this as a class-action lawsuit and looked for some "victims" whom they could put forward as the "face" of the lawsuit. They purposely chose children from the lower middle-class in order to bolster support for the whole disgraceful project. Lawyers, police yourselves! This should be seen as a disgrace to the profession. Why it isn't is the real question.

Kozinator13
It took me a moment siting with a question mark on my face'What does he mean?
Then it hit me'
I'm guessing Freudian?
Great pun Thanks I needed that.

Kozinator13
Man that was funny'I'm still cracking up.
I had to read what I wrote.
Great wit you have.

McDonalds
Trial lawyers make gangsters look like amateurs, can we all say SHAKEDOWN; once again laywers use the lagal system for their GREED. If McDonald loses and they probably will maybe they should close shop and let these lawyers and their lazy fat cleints pick up the employment slack of all the employees that will be out of a job. Pity the fool who rules in these plantiffs favor.

Well,
If one friggin big-mac made someone put on 45 lbs. they'd have a suit. But Obesity is a gradual problem, you don't wake up fat.

Why are more and more people becoming infants who think the gov't should be depended on for the succes (or lack there of) in their lives?

Keep the pigs in the pen
The parents should be sued for not taking care of their children. Remove these children from the house hold and feed them properly. A well balanced diet. The parents should have kept these kids at home instead of the drive thru.

Rid the world of activist lawyers and frivolous lawsuits. Ridding the world of liberals is a start as they love this sort of capitalism bashing. Any excuse to bash the free market and promote socialism.

Just one question
shays writes: According to Stossel's report, these girls were teenagers. Most of us agree that teenagers are not adults, still require adult supervision in most social interactions, and therefore are NOT competent to make adult decisions regarding what is good for them or not!
----------------------------------------

I am confused - are you saying the girl's parents are at fault for not doing their duty or are you saying that all children should be banned from having the ability to purchase anything until age 18?

After all, all purchases are legal contacts - not binding when dealing with a minor.

Thinking about this one...
My first questions to these two girls would be
1) How often do you eat at McD's?
2) What do you typically order? Can you produce receipts?
3) How much did you weigh before you started eating at McD's, how old were you, and how tall?
4) Besides McD's, what other "snack" foods do you eat?

I'll give 10:1 they were big before they started eating there, or that they packed on weight after they started eating junk (McD's included there).

Want to lose weight? Drop the chips, Cheetos, fries, and burgers from your diet. As a guy on one of my usenet groups says, "Want to lose weight? Eat less, exercise more. Works every time."

What restaurant serves only healthy food
I mean really, other than some touchy feely, vegan, organic health food h*ll hole (which only serves food with no taste), what restaurant has anyone been to that didn't serve unhealthy items? Even if I went to "Sweet Tomatoes" and hogged down bread and muffins, before long I'd be sperical in shape, wouldn't I? It's as simple as something every 10 year old in America knows; the more crap you eat, the bigger you get. Maybe I should sue "Chile's" for tempting me with those boneless chicken wings. They're so tasty and irrestistable I certainly can't be blamed for being unable to keep them out of my mouth, can I?

SIC
Spherical, the word would be spelled spherical...

That's right . . .
Blame the victims. Blame the lawyers, blame the judges, blame the system.

"I was born to rage against them."

Let's all stand in line and rattle our sabres for the cause of huge corporate greed. After all, it couldn't possibly be McDonald's fault. They have only sold more meals to more people than any other restaurant in the history of the world. There is no way, in the course of that time and experience, that they would have realized, "Hey, maybe this stuff isn't so good for the people who are eating it. And, even though these products are incredibly successful, and earn us billions and billions of dollars per year, maybe we should tinker with the formula to make it healthier, and just cross our fingers and hope that our customers come back." Because, obviously, that is what any calculating businessman would do, isn't it?

As for frivolous lawsuits, activist judges and the sleazy lawyers who bring these 'frivolous' suits, let's put some things in perspective. First of all, the federal system is a notice pleading system, which basically means all a plaintiff has to do is state a cause on which relief can be granted, and notify the defendant that they are being sued and the general nature of the suit. The process of discovery is used to uncover the underlying facts. So, the judge who allowed this suit to go forward was simply doing his job. Second, you take the victim as you find her, so, just because all of you know that you are not supposed to overeat, and you are all avid exercisers, doesn't mean these victims are, and in relation to their background and experience maybe they didn't know any better and are in fact victims. Also, stop blaming the parents. These girls have to be either 18 or 19 (which is still considered being a 'teenager') because a minor can't bring a lawsuit on her own behalf.

As for the lawyers, see, I thought they would make all of you happy. Because if it weren't for people like them bringing these lawsuits, you would have to find something else to get on your high horses about.

Hocky Goon
You really are a goon. Sammy's post was dripping with sarcasm. Geez man, get a sense of humor.

Solar/Kozinator - I don't get it. Maybe my own sense of humor needs a lift?

McDonalds and the Judge
So the fat gal ate at McDonalds. Sue em. Go get em lawyers. Hoo Rah.

Think of all the money the trial liarw can extort now. The tobacco heist was a mere pittance. Not everybody smoked. But we all eat so the food industry is ripe for the picking. Good job judge boy.

fort pitt common:
Corporate Greed, yeah right... I think I'll puke if I hear another person whining about corporate greed. Mc Donalds would not be the biggest restaurant in the world if they did not provide what people want. That is their job. If Mc Donalds started producing only what the current popular theories say is a "healthy" diet, people would not eat there, and they would have to start closing stores right and left. Can you say "unemployment"? I thought you could. Unemployment and boarded-up restaurants are not particularly good for society either, you know.

No one has a gun to our heads, marching us in there to pig out on Big Macs and fries.

For 40 years, we have been bombarded with propaganda that fat kills. Well, guess what: Atkins dieters are losing weigh with high-fat, low-carb diets. It turns out that carbohydrates might trigger chemical reactions in the body that make us gain weight.

Time will tell if Atkins is legitimate or not, but the real point is, everyone is different, and accepted science changes over time. It is the *individual's responsibility* to monitor their own health, and modify their eating and excercise habits if their health is deteriorating (although deteriorating health is ultimately unavoidable).

Nastimann
I know McDonald's wouldn't be the biggest restaurant in the world if it didn't give the people what they want, that is actually what I was saying, maybe you didn't catch it. I'm not "whining" about corporate greed, either. All I'm saying is that there is such a thing as corporate responsibility. Just ask the tobacco companies, they know it. If a corporation insists on putting an unhealthy product in the flow of commerce, sooner or later they are going to have to pay for it.

Kitty Girl
If I explained it I would be flaged as offensive.
Don't worry I took 5 mins. and it hit me.
I would have re worded my post had I caught it.
You obviously have class not to get it.

Full Disclosure
Under Free Market Theory, consumers are supposed to have Perfect Information. Consequently, shouldn't we require McDonald's to disclose on their menus the amount of calories and trans fats in their items? Doesn't this make the market more efficient?

McDonald's didn't make them fat.
The Judge and the Judicial System has turned into a welfare system whereby all these useless Cases are allowed so the Judges, Lawyers and Staff have no end to income from the public trough.

They have trivialized meaningful Law into a group of mercenaries who worship the process.

fort pitt common
Wow'now the secret is out,we found out what is in McDonald's food.
Just like Tobacco.
And in a perfect world everyone will stop over eating,and stop smoking.
I don't buy your arguement they did'nt know better,no one is that stupid!
How many people stare at the sun until they go blind,do they get an attorney and sue the school system for not teaching them the danger.
Sometimes we just have to be responsible for our own actions.

You say you were born to rage against them
Had Henery Ford not created the assembly line we would'nt have Mc.D fast food.
Had General electric not grown we would'nt have electric motors,thanx to Tesla.
I hate to tell you were not returning to the dark ages
We just can't be compensated for our own stupidity

Life
You don't get out alive. How long you have often depends on the choices you make. You can easily tell the posts made by lawyers with a vested interest in the subject.

The definition of Tort
There was once a day in which Tort was defined as;

A party fails to act in a manner defined by law, and damage occurs.

today there is a new definition of Tort;

Damage, real or percieved, occurs. (And somebody's gotta pay!)

solar
I think you and Mr. Nasty, or, who was that? Nastyman? I think the point of my original posting has been missed. I wasn't siding for or against McDonald's. My only issue was with the fact that everyone took the position that it was somehow the fault of either the lawyers, the judges, the plaintiffs or the system, or all four. And I disagree with that only. I'm not propounding the merits of the case, nor am I disparaging the merits of the case. I am simply saying that if we look past our own cynicism, perhaps there is a legitimate basis for a lawsuit under these circumstances. You say you can't buy that they didn't know any better because nobody can be that stupid. But that is because you are not willing to shift your point of view to see things through someone else's eyes or in someone else's situation. As for, "I was born to rage against them." That wasn't a personal revelation, that was directed at those critical of the system as a system.

The second half of your posting, I'm not sure if I understood that, or where that came from. Although I don't necessarily disagree.

Corporate Responsibility
And what I'm saying, fort pitt common, is the fact that there are healthier foods out there, or that you can make yourself sick eating Mc Donalds food exclusively is not Mc Donalds problem. Should we sue Sees Candy for the same reason? You could die from *not* eating Mc Donalds, too, if it was your only food source.

What constitutes "healthy" food is subjective, and changes as new scientific and medical knowledge is uncovered. I guess that means we can sue Mc Donalds based on what we think we know today, and again based on what we learn tomorrow.

Fort Pitt Common
I'm sorry, but you can't use "corporate responsibility" and compare tobacco with McD's. First, reasonable consumption of McD's is not in and of itself harmful, while smoking 4 - 5 cig's a day may well lead to respiratory problems.

Why is a corporation liable for mis-use of its product? If I ram my Ford into a group of seniors on bingo night, do I sue Ford?

McD's has a responsibility to act in a way that is honest and ethical, no more and no less. If their commercials state that eating a Big Mac is good for you in absolute terms, they are not being honest. If, however, they state that eating a Big Mac is better than eating a Chipotle Burrito, they are telling the truth.

I watch a little TV and see a lot of ad's. I am amazed at how all of the ads make the product they are shilling appear to be so wonderful. Yet, I can drive my Ford into a crowd, or drink my Drano, or throw myself through my Pella window, hmmmm, are these companies acting in an irresponsible manner?

If these "teenagers" purchased food at McD's, they were either old enough to hold a job or their parents gave them the money to purchase the Big Mac's. Why are their parents and/or employer not being named in the suit as providing the means to acquire numerous Big Mac's and Jumbo Sized Fries? Certainly the girls would not be in a position to abuse the tasty food at McD's if they had no money....right? So, why are the parents/employer not liable as well?

This is simply stupid. But, to be consistent, it is certainly the right of the consumer to engage an attorney and file whatever lawsuit they wish. I wouldn't expect the attorney to step up and tell a prospective client that the suit they wanted to file was frivolous and that they would simply be taking their money. Then when the suit gets thrown out and the "loser pays" ruling is in place, the consumer can hire another attorney to sue the first attorney for allowing the consumer to pursue a course of action that was harmful.....

Nastimann
I agree with everything you said in your first paragraph, Nastimann. I also agree with your second paragraph now that I think about it. We could sue McDonald's once now and once later on two different theories. We could even sue them twice now on two different theories. But the thing about it is, just because there are alternatives out there, doesn't insulate an entity from liability for putting something that is harmful out there. Under your theory, I could manufacture an exploding car (think of the old Pintos), and then, when it explodes, and I get sued, I could just say, "Well, there are other non-exploding cars out there, so I don't see what the big problem is." Then the Judge would say, "You're right, Mr. Common, case dismissed. (With costs to be paid by the plaintiffs)."

ctjaeger
You could sue Ford if you drove your Ford into a crowd of people and Ford somehow gave you the impression that the activity would not be harmful.

ctjaeger
And, anyway, ct, unlike your other examples, I'm pretty sure McDonald's makes its products expecting that they will be eaten.

fort pitt common

You wrote: But that is because you are not willing to shift your point of view to see things through someone else's eyes or in someone else's situation.
You are absolutely right'I'm not.
I tried hang gliding once,I saw all these guys flying around having fun.
So I gave it a shot...and that is just what happened'like a shot I hit the ground,It hurt.
But I have no one to blame for my own stupidity.
Should I have sued?
In my world' H*ll no.
My buddies said I should sue for bad instruction.
Because I can.That is not reason enough for me.
And the same goes for what I put in my mouth,I took the time to learn whats healthy.
Sorry I see your point,I just don't agree with it.

McDonald's
33. “Eating Too Much Will Make You Fat”
The above would seem to be so obvious that you may wonder why I wrote it. However, there is a class-action lawsuit being brought against four fast food chains-McDonald’s, Burger King, Wendy’s, and KFC by a man from the Bronx named Caesar Barber (70 inches tall and 270 pounds). He blames them for his being obese. Personal responsibility, like logic, justice, and common sense, is no longer in style and is not politically correct. It seems that nearly everyone considers himself or herself a victim, and always a victim of some person or some organization with deep pockets. Caesar Barber may win his suit. It’s not what is true, but what a judge and /or a jury says is true that counts in the legal system
The tobacco companies had to pay off billions for selling a legal product to people-all of whom bought it voluntarily. Some would say that the tobacco companies lied, but many politicians and others in high places lie like a rug with relative impunity. When I was a little boy back in the 1920's people called cigarettes “coffin nails” implying that each cigarette smoked was driving a nail in your coffin (some coffins were wood back then). It seems that ordinary uneducated people knew then that smoking was harmful. After 1964 the surgeon-general of the United States had a warning put on the cigarette packages and there have been many articles written in newspapers and magazines about the harmful effects of smoking. Probably the only doctor in town who is more opposed to smoking than I am is Dr. Smiddy, so I hold no brief for smoking, but I do think that the law was misused in the suit against the tobacco companies. A large chunk of the settlements went to lawyers making a whole new group of millionaires. The rest that was supposed to be used to pay for treatment of smoking-related diseases such as lung cancer, emphysema, and heart attacks, and for programs to help prevent young people from starting the habit was mainly used for other purposes. Talk about greed-the lawyers who got the percentage and the attorneys-general of the states were the greedy ones.
This article really was supposed to be about obesity, not smoking, but I had to chase that rabbit while I was on its trail. Everyone knows or should know that overweight is the result of taking in more calories than are burned up. It’s just a matter of arithmetic. If you take in more calories than you burn up, you gain. If you take in fewer calories than you burn up, you lose. People say, “But my whole family is fat!” I suspect if you go to those homes, you will find that the table is groaning under the load of good things to eat, and that the people are eating a lot of it. Some say, “It’s my thyroid.” I never saw a case where treating a low thyroid condition made someone get thin. One lady came in to see me one day and said, “Doctor, do you think my overweight could be due to a glandular condition.” I was feeling humorous that day (but then I feel that way every day), and said, “I’m sure it is!” “Which gland do you think is causing the trouble?” “The salivary glands.” “Oh.” And her face fell. I felt a little guilty about saying that-but not much. Some twin studies have shown, however, that twins reared apart wind up with about the same weight. I don’t believe that those extra calories got in by osmosis though! They had to be eaten.
It takes 3,500 calories to make a pound of fat, so each pound of extra fat on the body means that the persons have taken in 3,500 calories more than they burned up. Protein has four calories per gram, carbohydrates (sugars and starch) have four, fats have nine, and alcohol has seven. I put this in to identify the enemies. It is interesting, amusing, but a little sad, to see someone use artificial sweeteners in their coffee or tea and then have apple pie a la mode for dessert. My definition for a dessert: Something that is so good that you will eat it when you are already full.
Jews, in general, tend to get heavier as they get older, but none of the Jews put in concentration camps came out fat. The reason: They got very little to eat and they were forced to work hard. I never personally viewed any of the people who were rescued from the camps, but I have seen newsreels and documentaries. Those people were literally skin and bones. They were too thin even for me! Many of my former patients would never believe that I would say that about anyone. One day one of my patients came up to me in the restaurant and said, “Oh, do you eat?”
Billions of dollars (thirty-three billion in 1990) are spent on weight-loss schemes. There are no magic or easy diets. Most of them work if the person sticks to the program, but most people will regain their weight. It requires a great deal of nervous and emotional energy to diet. It is a problem three times a day, twenty-fours hours a day, seven days a week, fifty-two weeks a year, and for many years. You can avoid taking the first drink or the first cigarette, but no one can avoid taking that first bite. People are always wanting a simple easy solution to difficult problems. They do not find them. The prescription is simple-diet and exercise. It is the carrying out of the prescription that is the hard part. After more than fifty years of fighting the “Battle of the Bulge”-for others- not myself-I have decided that exercise plus dieting is more likely to help someone lose weight and to keep it off than just dieting alone. A former patient that I saw at Piccadilly today told me she showed her new doctor the last prescription I wrote for her, “Pitiful Portions.” She was still fat, though, so the prescription didn’t do her any good. She did get a laugh out of it, though.
Studies show that obesity causes a high percentage of the cost of health care for the elderly and is also one of the main causes of premature death. One mechanism is that type two diabetes-the type that comes on after age forty and is associated with obesity-is on the rise-to epidemic proportions. Type two diabetics comprise eighty percent of all diabetics. Type two is more hereditary than type one-the type that occurs in children and young people. Diabetes does not cause obesity. It is the other way around. Obesity promotes the development of type two diabetes. Type one diabetics are almost always thin. They will die without insulin whereas type two patients can often get by on diet, exercise, and/or oral tablets. Many of them have the disease for quite a while and don’t even know it. Many obese diabetics could restore their glucose tolerance to normal. At least their fasting and the two-hours-after-a-meal glucose levels and their hemoglobin a1c level could also be restored to normal. (Hemoglobin 1ac is a test that looks back six weeks and tells the doctor whether the blood sugar has been normal during that time.)
What is bad about diabetes besides having to test your blood sugar, diet, take pills, or insulin? (I didn’t mention exercise because it is very hard to get anyone to exercise). The complications can be divided into the big artery problems-arteriosclerosis (hardening of the arteries) of the coronary arteries-heart attacks and angina; of the arteries of the brain-strokes; and of the arteries of the legs-gangrene and amputation; and the little artery problems-of the eye causing blindness (one of the mains causes of blindness in the U.S.); of the kidney causing kidney failure (diabetes is the commonest cause of kidney failure)-requiring dialysis or a kidney transplant; and of the nerves of the lower extremities causing pain and numbness and sometimes leading to painless fractures of the foot bones and even amputation.
The sad thing about it is that if a fat person will use diet and exercise to attain and maintain a normal body weight, many of them will not even get diabetes or, if they already have it, they can get rid of it or, at worst, can make it less severe. I had a patient who had the disease. She didn’t want to take tablets or insulin so she dieted, kept her weight down, and, as far as I know, doesn’t have the disease now (I retired five years ago). I know a woman who was diabetic, but lost one hundred and seventy pounds. She was diabetic as are many members of her family. She is no longer diabetic-at least, her fasting blood glucose levels and her two-hours-after-a- meal blood glucose levels and her hemoglobin 1ac levels have all returned to normal. She used diet and exercise to lose all that weight over a two-year period. So fat people can do it. It seems a strange thing for an internist to write, but I always wanted to do as much for a patient as I could without medication. Any medication can have adverse effects, as well as good effects. But life style changes are very hard to sell so I didn’t get to treat without medications very often.
To quote Benjamin Franklin again, “An ounce of prevention is worth a pound of cure.”
I always tried to sell preventive medicine, and tried to relieve suffering, ameliorate disability, and prevent premature death. Note the word “premature.” Sometimes death is the only relief that someone living with pain, disability, and no hope of recovery can have.
Donald W. Bales, M.D. 29 August 2002
http://home.earthlink.net/~baleslynnwood/
baleslynnwood@earthlink.net

Somehow?
fort pitt commoner writes: You could sue Ford if you drove your Ford into a crowd of people and Ford somehow gave you the impression that the activity would not be harmful.
----------------------------------------------

What "reasonable" person would ever buy into the idea that such activity was not harmful?

Same as what "reasonable" person would believe that eating to much is not harmful?

What if McDonalds had set a scale up at the order counter and said if the customer weighs more then "XXX.XX" they must leave and their order will not be taken. Then some other fat jackass would sue them for hurting their feelings.


Kitty - catch up yet?

It's all about the money
Does anyone think that if McDonalds had offered these girls a six month supply of healthy food of salads and yogurt complete with a book on how to stay fit, they would have settled?

frivolous lawsuits
are the very reason that legitimate cases can not, in some instances, be filed. Case in point. Our daughter (age 28) has already lost one finger to Raynaud's Syndrome and Scleroderma. She and her husband have 3 little children. Her rheumatologist in Houston recently put her in the hospital to "duplicate" an experimental procedure done successfully in Milwaukee ten years ago. Not only was there no room ever prepared for her--she was required to stay for a week in a room surrounded only with curtains and no bathroom (except a pull out toilet from a cabinet). Her rheumatologist (supposedly the WORLD'S leading expert in scleroderma) never showed up once to the hospital. A nurse did permanent tissue damage to one of her arms which may cause untold problems for our daughter down the road. They completely botched the procedure (which was to include an IV of Flolan and Hyperbaric chamber combination) to the point that she now has 7 more fingers and all of her toes involved. Guess what? She has no lawsuit. The hospital is 100 percent covered and wouldn't even ALLOW her to file a grievance report against the nurse who did the permanent tissue damage in her arm. They said that the nurse had a "stern" talking to and, after all, she DID apologize. When I hear about cases like McDonald's it makes me want to puke and not just because their food sucks. It's this type of lawsuit that makes it impossible for LEGITIMATE cases to get any justice. Oh well. As they told my daughter--Hey, there are 7000 patients in this hospital--we're kind of busy to get everything right....

truetolife
I don't know who told you your daughter couldn't sue the hospital, the nurse and their insurance company, truetolife, but I would get a second opinion.

Shays is kinda right
You are kinda right. If the 2 piggies were teenagers, then they might not make adult decisions. They should sue their parents for not teaching them what to eat! It is not any food chains responsibility to teach people about nutrition. That is your parent's job. If you eat whatever kind of food, get fat and claim ignorance, you should be sueing your parents not the food provider.

We the jury of logic - find you 2 fatties guilty of being ignorant, vile examples of everything that is wrong in our country today. We sentence you to eat less, exercise more and fine you the entire cost of the court proceedings from this stupid lawsuit! We find your lack of integrity and commonsense to be disturbing.

Now I am off to Burger King to get an Angus mushroom burger. I am going to supersize it with a Dr Pepper! I pledge to take full responsibility for my eating choices. I am not so inept that I require the government to tell me what I can or cannot eat!

McDonalds
I ate in McDonalds once in 1967 and never chose to go back. Actually it was someone else who was driving the car and despite the fact that I suggested a pretty good restaurant they drove into McDonalds so I never went back. I didn't like the food and don't care if it has improved or not since 1967. A few years ago I smelled a big Mac that someone bought and the smell turned me off. So no one is pointing a gun at anyone and telling them they have to eat at McDonalds. Such a lawsuit has no merit at all. Unless you are lviing in an institution you are free to eat what you want and you are also free to learn about proper nutrition. It is not like secondhand smoke where you can inhale a big Mac or fries. It is your choice and if the effect is you gain weight, that was your choice. If you get food poisoning then certainly have grounds for a lawsuit but not for eating food that you know what are the ingredients.

fort pitt common
fort pitt common: Writes
But that is because you are not willing to shift your point of view to see things through someone else's eyes or in someone else's situation.

This is a touchy feely statement that would be thrust upon a jury.
Is that why you are here?
Trying to get a perspective from conservatives?
I suspect you are on liberal blogs also asking similar questions.
Im just curious'How would you pick me out of a potential jury with the limited questions allowed?
Because if picked,and I never would be.
Wellyou know my take.

Conneticut Hunter asks
"If I ram my Ford into a group of seniors on bingo night, do I sue Ford?"

Under modern legal theory, no. However, the seniors DO sue Ford as you do not have deep enough pockets to make them all whole. And likely some jury somewhere will decide that since Ford did not put warnings on it's vehicle that someone could be hurt if you rammed them at over 5 mph AND they did not make that impossible, that they need to pay.

solar
solar,

I assure you I am not on here only to get a perspective from conservatives, nor am I on liberal blogs to do the same thing, or otherwise. If you're suggesting that I have some vested interest in this, I do not. And that statement wasn't touchy-feely, it is simply a way of pointing out that perhaps, if you were in a different situation, you might need to utilize the system, or the services of an attorney, yourself. That could happen to anyone. And, although it may seem extremely reasonable and be very important to the person pursuing that end, I guarantee you there will be someone out there saying "This is frivolous, activist judges, lawyers, etc . . ." As far as picking you for a jury, well, you know my take. "Any twelve will do."

fort pitt common
I appreiciate the clarification.
Although would it not be wrong to put myself in there position.
I thought it was a jurors responsibility to bring their own expierences to the table.
For if you walk in an idiots shoes,you get an idiots view of the world,I for one would never get a lobotomy just to get the defendants view.
He kills someone in a rage,the fact he was caught robing someone, and I'm supposed to see his point of view.
His defence is the guy fought back,so I killed him.
This to me is indefenceable.

Interesting reading!
I read the *whole* thread (seriously).

It's absurd for a judge to allow the McD's case to proceed. I've never seen a claim in their ads that were "deceptive". Ads by their very nature will always show the "good side" of a product. If teenagers don't know that, they should be put in a mental institution and left there.

OTOH, the tobacco companies were deceptive with life and death matters. I can't imagine why anyone wants to defend them. It's like defending the companies that sold conveyors to the Nazis to get the Jews to/from the ovens. It's a detestable way to make money.

And why were so many concerned the tobacco company(ies) might go bankrupt? So be it, they deserved it. Another company can take over. It's not like it's that difficult to turn tobacco into a cigarette.

solar
It would be wrong to put yourself in their position as a juror, because you are right, you are supposed to decide based on your own judgment and experiences. What I was saying about seeing someone else's point of view was from the point of view of something happening to you that was important enough to you to put you in the position of a plaintiff. I was saying "Any twelve will do" for jurors, because I believe the system works, and therefore it isn't necessary to spend as much time as is done on jury selection.

fort pitt common
no this case has no merit as these girls were not force to eat anything mcdonolds had to offer. i have been watching mcdonolds ads for years i want to know what kinda false advertising these girls found cuz i have never seen a macd's ad that say they were heathly.

fort pitt common
Great points,I enjoy your take on things, may not agree with all of them though.
forgive me if I seemed a wee bit antagonistic early on.
I hope to see you more often.
Tom

DavidMac
DavidMac: you said to BrianR, "it's not the lawyers. Lawyers do NOT initiate litigation."
(snip)
"All lawyers do is REPRESENT clients by filing the appropriate paperwork with the court. They don't run around forcing clients to sue anyone."

Try this:

It's not the hit men. Hit men do NOT initiate murder.

All hit men do is REPRESENT clients by filling the appropriate graves. They don't run around forcing clients to murder anyone.

Still sound good?


Turn the tables
What would happen if McDonalds sued the state child protective services department for failure to do thier jobs, check on the welfare of fat, spoiled girls who's parents were delinquent in thier parental responsibilities.

In not doing their job the CPS left McDonalds open to the law suit.

FtPitt Common:
"Corporate responsibility"? To do what, regulate the healthiness of what their customers eat, or want to eat? To try to redefine the marketplace? Sounds like a recipe for bankruptcy to me.

Corporate responsibility is to their shareholders, to secure the most profit possible legally. When I invest in a stock, I look at one thing only: ROI. Return On Investment.

Mickey D's is suddenly switching to bean sprouts and alfalfa? My money's going over to Burger King and Pizza Hut.

End of the old Mickster.

modern mythology
There are studies out there that show that the greatest longevity is people who are not skinny, and lowing cholesterol does not improve mortality rates. Sometimes what everybody knows ain't the whole story.
And the weight loss business and statin drug manufacturers have been doing rather well financially as well....

fort pitt common (follow up)
I think selling exploding Pintos is a little different than selling arguably unhealthy foods. If Mc Donalds were selling exploding hamburgers, and then trying to pass them off as safe, or denying there was a problem, it would be different.

The vast majority of people can eat Big Macs in moderation with no ill health effects whatsoever. I will even go so far as to say that it will be well-nigh impossible for these girls to prove it was Mc Donalds food that made them fat, unless their entire diet came from Mc Donalds. Even so, I believe that many sensible people could fashion a reasonably balanced, healthy diet eating exclusively from the food choices on the Mc Donalds menu.

Taxation without representation
Lawyers in America have been engaging in a form of racketeering ever since the seventies . That's when the rules were changed so that the plaintiff doesn't have to pay the court and legal fees of the defendant in civil suits. This has enabled lawyers to become in effect an unelected branch of the government. They have the power to impose defacto taxation by increasing the prices of the products of the producers they have targeted. They have the power to institute policy changes in local and even the national government. McDonalds is only their latest target. Most of the money won in these suits goes directly into the hands of the lawyers. The plaintiffs get only a fraction of the judgement and in class action suits get little or nothing.The lawyers are amassing a great deal of wealth which translates into political power to insure that they can gain even more wealth. They have so twisted our society that smaoking is banned while our children are taught that homosexuality is good and healthy. They are actively trying to ensure that we lose the current war because they can make a profit in the process. Their greed and vanity know no bounds and will lead to our destruction. If we let this happen because we are dull enough to be fooled by their arguments of making victims whole, social justice, or the hope that we ourselves might one day get rich through suing someone then we deserve what we get. At this point I don't think the current political system will stop them. It really would take some form of revolution and I would not conssider it a joke for someone to call for their death, I would consider it patriotism. Now when the excrement does hit the fan someday your local country club would be a good place to start. Just a note, not all classes of lawyers are engaged in this shakedown and seizure of power but those that file the kind of suit that is being filed against McDonalds are.

I wonder
If I was jury foreman,and it was lunch time could I order Mickey Ds for the jury?
What me bias?
also can you imagine being a juror and looking at the defandant without being prejudiced,what a kid around 250lb.
Hey just askin'

Solar: LOL
250 pound defendant.

Weeeeeeellllllll, that's prima facie evidence of something.

Perhaps of a lack of self-control, or parental supervision.

I'd love to see what's in the home fridge: 8 million Ding-Dongs, gallons of Rocky Road, butter by the tub, etc.

But, hey, it's MickeyD's fault. "We'd never eat that stuff if MickeyD didn't get us in the habit!"

Which brings me full circle to my first post, and coincidentally to the first comment on this column:

"First, let's kill all the lawyers".


Solar..exactly..
....that's how silly it has become...very funny...

Thanx guys
But what is sad ,is the fact that they could find another O.J. jury...Hmmmm some of them were pretty large'
I guess that would be stacking the jury, or packing the jury.
Sorry...but this whole MC.D suit bugs me.

Solar: I say again
"First, let's kill all, the lawyers"

End of problem.

LOL

Grumpy . . .
Your analogy fails because of the apples-and-oranges fallacy.

Lawyers provide a legitimate service to the general public. Hit men provide an ILLEGAL service.

Lawyers are regulated and licensed. Hit men are outside the law.

Even when lawyers lose, they don't go to jail.
Hit men go to jail whether they win or lose.

A client retaining a lawyer is doing something legally. A hit man's client is breaking the law.

You can't compare the two. Good try, though.

McDonalds' Fiasco
I don't know who is more irresponsible, the judge or the girls. I'm sick of fat people trying to push their weight around. They're fat because they choose to eat fat. They're fat because they get no exercise unless it is turning their ipods or their cell phones on and off. I'm sick of politically correct judges who haven't got the courage to enforce the constitution. Toss out the judge. Toss out the girls, but not before they pay the legal expenses they have incurred on both sides. You know the saying, garbage in, garbage out.

What's wrong with all you people??!!?
Has no one read newspapers or gone to Michael Moore movies? This is GEORGE BUSH's fault!! Just check at moveon.org and you'll see!!! These girls are fat because BUSH doesn't want them thin! Do you think he CARES about what we eat?? What has this corrupt administration done to protect us from high calorie food? NOTHING!!!
:)

Good try, DavidMac
Merriam-Webster Online Dictionary

Main Entry: met·a·phor
Pronunciation: 'me-t&-"for also -f&r
Function: noun

1 : a figure of speech in which a word or phrase literally denoting one kind of object or idea is used in place of another to suggest a likeness or analogy between them.


Me too
Since we live in the "me too" society, where's mine? As a teen I drank beer once until I threw up. The beer obviously made me sick. Yet the deceptive advertising at the time never mentioned it. Rather, they insinuated I would be popular and get lots of bikini clad girls. What happened?

Personal Responsibilty
The IDEA that this sort of subject shows up bothers me.
Should children sue their mothers if they become fat and or unhealthy...???
Maybe I shouldn't have said that, there will now be people that do sue their own mothers...
I am concerned about what sort of people THINK this way. Blame somebody, anybody, especially those with money for what you put into your own mouth.
I have children. Healthy children.
They ate McDonalds. Once In A While.
How much McDonalds did those girls eat that they can blame their weight on McDonalds. If they are teenagers, what was their mother feeding them?
What kind of lunatic judges do we have running our judial system that a person can DO such a ridiculous thing???
How on earth can a judge distingish between what those girls ate from their own kitchens and how can they prove how much they ate at McD? Receipts???
Who CARES if the ads are...misleading...
Should I sue my laundry detergent company if my shirts don't really smell like mounatin grass???
As I said, I have children. It has become very difficult to TEACH them personal responsibilty when the lawyers take such silly cases, and the judges waste time and tax dollars listening to them.
Someone, anyone should simply tell those girls to stop eating so much and exercise more.
BTW: Maybe the McDonalds lawyers should find out if those girls are bragging about how much money they are going to shake down from McDonalds...

What is the trial manly about?
I am writing a paper on this trial and i would like to know some good points and bad points please.It's due tomorrow so the sooner the better.Thanx.mouser
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