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Boris Godunov
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Portland, OR
Aug 2001 time: 00:25
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quote:
Obesity Suit Against McDonald's Dismissed
By Gail Appleson
NEW YORK (Reuters) - In a major victory for the fast food industry, a federal judge on Wednesday dismissed a widely watched suit in which McDonald's hamburgers and French fries were blamed for children's obesity.
U.S. District Judge Robert Sweet said the plaintiffs, including a 14-year-old girl who is 4-foot-10 and 170 pounds, failed to show McDonald's Corp.(NYSE:MCD - news) products presented a danger unknown to consumers. He also cited concerns the case could "spawn thousands of similar 'McLawsuits"' against all types of restaurants.
"This opinion is guided by the principle that legal consequences should not attach to the consumption of hamburgers and other fast food fare unless consumers are unaware of the dangers of eating such food," Sweet said.
"If consumers know...the potential ill health effect 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."
Although the judge threw out the suit in it's entirety, he ruled the plaintiffs could refile claims in Manhattan federal court within certain limits.
Sweet also said McDonald's had rightfully pointed out that the case was the first of its kind to reach this stage in federal court and could result in thousands of copycat cases.
The suit was brought on behalf of overweight children who ate at two McDonald's restaurants in the Bronx borough of New York City. The plaintiffs sought unspecified damages, blaming McDonald's for health problems that included diabetes, coronary heart disease, high blood pressure and elevated cholesterol.
The suit was one of at least four cases filed against McDonald's and other fast food chains over the obesity issue. At least two cases have been dropped and another is dormant.
The judge noted that Americans spend more than $110 billion on fast food each year, and cited studies showing that on any given day in the United States, almost one in four adults visits a fast-food restaurant.
"The potential for lawsuits is even greater given the numbers of persons who eat food prepared at other restaurants in addition to those serving fast food," Sweet said, citing reports that show almost half of the American food dollar is spent on food eaten away from home.
He said the court had a duty to "limit the legal consequences of wrongs to a controllable degree and to protect against crushing exposure to liability."
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See, the American court system isn't entirely ****ed!
Now did the judge make the dumbass plaintiffs kick pay McDonald's court costs for bringing such a stupid suit?
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Andrew1999
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They should go to the FDA and try to get a ruling that the stuff McD's serves no longer qualifies as food and cannot be sold sas such.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:25
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Good, this was a stupidass lawsuit.
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MRT144
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Seattle Washington
Oct 2002 time: 21:25
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but nothing beats a wendys frosty...
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Boris Godunov
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Portland, OR
Aug 2001 time: 00:25
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quote: Originally posted by Imran Siddiqui
Exsqueez me? The jurors had enough DNA evidence to convict. |
No. The defense was able to cast the DNA evidence into doubt, mostly because when they challenged it with expert testimony, the prosecution sat there stupified and didn't do a remotely adequate job coming back at. Remember the bloody glove disaster? What kind of idiots don't think that a blood-soaked glove is going to SHRINK?
quote: The prosecution was retarded, but that is the problem of that city. |
Exactly. It's the city's problem, ergo they didn't deserve the damned conviction. Why should a jury disregard a prosecutor's ineptness? They shouldn't. Yes, it's the city's problem, not the jury.
I saw some interviews with the jurors after the verdict. Many expressed that they were not happy with the verdict at all, but under the circumstances of the trial had no choice.
quote:
I have no idea how Judge Ito is to blame. |
First off, his allowing cameras in the courtroom. He turned the entire thing into a spectacle. Then there was the constant indecisiveness he displayed, often allowing the defense team to run roughshod over him because they kissed his ass.
I encourage you to read Vincent Bugliosi's book Outrage: The Five Reasons Why O.J. Simpson Got Away With Murder. One of his Reasons is the ineptitude of Ito on the bench. He was media-obsessed and incompetent at his job.
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