McDonald’s does not equal Healthy Food. It’s fast, it’s fried, and it’s convenient! “Super-sizing” your meal is going to make you “super-sized!” Do you know you can’t get a ‘small order of fries’ @ Mickey D’s anymore.
Who is going to McDonald’s and believes it’s good for you?
C’mon folks- are you really concerned about ‘your cholesterol’ if you are dining at McDonald’s?
If McDonald’s has to pay, then at least the funds are going to charity.
Am I the only one who noticed, based upon the contenst of the article, the nature of the suit that was settled?
The real “settlement” appears to be for the suit brought by Bantransfat.com because McDonalds failed to implement a promised reduction in transfat that they publicly made. To me, regardless of the fault of the public for buying food loaded with fats, making a public statement that you would reduce transfats in your product, and then not doing it, is pretty close to a deceptive trade practice.
McDonalds is lucky that the suit wasn’t brought in Jefferson County, Texas.
Don’t get me wrong: suits by individuals (even elevated to class action status) blaming McDonalds for being fat and unhealthy are just plain wrong. But, when a company decides to try to convince the public that they are making their food healthier, obviously as a counter-measure for the bad publicity of the “fat suits”, and as an inducement to therefor keep buying their product, and then they don’t make good on their promise, they do so at their own risk.
The only problem that I have with the settlement is that in the end, the attorneys will, more than likely, earn a seven figure fee for what was essentially shooting fish in a barrel.
Did anybody think that eating at McDonalds was healthy eating. Yep, when I want my health food I go to McD’s.
The one (maybe 2) times a year I eat at one of the fast food chains I want some good, fat dripping, salt licking food. I am so tired of the American public!!!!!! Either the public is full of idiots or it’s not. So which is it? Does anyone think that the good fat filled fries are health foods?
In response to Barney’s complaint about lawyers being the real issue, let me say that lawyers aren’t permitted to round up clients because that’s champerty.But if you want want some novel thinking in expanding liability don’t go back to the boiling hot coffee case, but rather to the middle ages when the concept of torts first began in England. Since then, attorneys have been called upon to serve their clients and therefore society by imaginative thinking. Products liability is just one modern example of the development of the law with skillful lawyering that persuades judges to expand or contract liability as the case may be. And my point is that it’s not a one way street. While New York’s Buick v. McPherson in the last century began the expansion of the liability of a manufacturer to one not in privity of contract, there are cases that come down that limit liability such as NY’s Fireman’s Rule that limited an injured fireman’s right to sue a building owner due to the assumption of high risk of the job which some of you may be familiar with. Recently our firm which primarily does defense work for insurers and state agencies raised the bar for damages for undocumented aliens by convincing an intermediate appellate court to apply federal immigration law (IRCA) to state tort actions. Illegal aliens can no longer recover future wages based upon an American wage scale, only their home country’s scale (unless the case is reversed by NY’s highest court). On balance, it comes down to who is going to be creative and how the legal services will be paid for as motivating the attorneys who are asked to represent clients, whether plaintiffs or defendants.
And, finally, though I was not involved in the burning coffee case, I understand in house studies found that most customers waited to drink their coffee elsewhere. The reason the coffee’s temperature was so literally burning hot at the time of sale was in order to make it more palatable by the time they did so.”Ya pays ya money, ya takes ya choice!”
I’m one of the few people that are naturally healthy, and don’t need to worry about what foods I eat. I have perfect blood pressure, never get sick, and healthy as a horse. I eat fast food chinese food 5 days a week, except when the line is long I get McD’s. On the weekends I eat McD’s almost exclusively. By looking at me, you would think that I never ate fast food a day in my life. I guess I am just lucky…
However, if I ever get fat or have a heart attack, I’m not going to blame McD’s…
Tom:
You made my day!!! And me a little richer! I had a bet going that by the end of the day (that’s 5 p.m. in Dallas) a lawyer would post a response to my email and attempt to justify what a tremendous benefit to society they are. I won! It’s 4:55 p.m. Your pontification doesn’t surprise me. You defense guys would have a tough time making a living and feeding all your little lawyers if the plaintiff guys didn’t keep things stirred up. At the end of the day, we all pay for your joint existence. Wonder how much a “Big Mac” will now cost?
If the corporate lobbyist prevail we can move all the Class Action’s to the Feds. It will be tougher to get to Big Mac. For now, the Pltf’s Atty can do their judge shopping and their extortion. These lawsuits probably should fall under the RICO statues. Have a good lawsuit and shop MacDonalds, they need your business to pay the settlement.
Go ahead and blame the lawyers, but it has been my experience that those who complain the loudest about the lawyers are the ones who run the fastest to a lawyer’s office when they feel they have been injured.
Chris hit the nail on the head when it was noted that a lot of these responses seem to go back to the people getting fat from McDonald’s claim. However, this was about McDonald’s making a promise they did not keep. And while it is very likely that some attorneys made a few dollars during the course of this lawsuit, have you ever considered how much money was spent in pursuit of this claim? Or how many cases those lawyers handled pro bono? Do you even know what the fee agreement was?
Barney, do you work for free? Or do you accept payment for your job? Have you ever declined a raise because you felt like you would be making too much money? Then why fault an attorney for making a living? Why would you expect an attorney to spend all that time and money to go to college and law school and go into a business that is expensive to pursue (filing fees, court costs, etc.) and then ask them not to try to make a few bucks? I would bet that there are many more attorneys struggling to make ends meet than there are those with McDonald’s Supersized settlements on their resume.
And before you think you have won another bet, I am not a lawyer. I am a minister.
Kudos to Rev D!
I am truly pleased that Brother Barney made some money from my comments and is now a little richer. But like everyone in the insurance industry, for starters, Barney and his company is just one of the many whose bottom line is enhanced by good defense lawyering.
Talk about Barbarians at the Gates!
What would insurers do to defend and thereby reduce their exposures if not by lawyers? Many more lawyers are employees of insurers whose insureds they represent.
No, there are some people that do it for love and some that do it for money (if you get my drift, but all the latter work directly or indirectly for the insurance industry. Insurance is the integumentary system that keeps the body of society together and gives it form. Nothing worth anything that is done from the arts to making zeppelins to fly is done without consulting an insurance agent or broker and placing coverage. Conversely, when one can’t muster enough insurance, it’s common that a project is scrapped and enters Nirvana. But if there is a dispute about coverage or liability or damages, the people you turn to are just like anyone else knowledgeable in the industry: they are the attorneys who stand in your place and stead in the trenches and take everything thrown at them from judges, juries and appellate benches who want more for the plaintiffs. These attorneys are there hoping to come away with something better than what they went into when handed a file.
Check out the Sanango/Balbuena cases in NY which were recently reported in The Insurance Journal which ran an article of what we did in our firm to limit future wage claims by undocumented aliens. We convinced an appellate court to apply IRCA, the Federal immigration law. Never done before for a state tort action and two trial judges were reversed in order to get that result so unappealing was the theory we espoused.
The entire insurance industry thereby will benefit by it both in settlements and judgments each time an undocumented alien claimant makes a claim for future lost wages in NY. I also predict this will follow throughout the U.S. if other states follow this precedent.
Oh, yeah, we did get paid(hourly)for our work as did the salaried employees who hired us(and thanked us).
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Now if only a group of diabetics would sue the American Heart Association over those High Carb “heart Healthy” snacks they’ve been pushing…
McDonald’s does not equal Healthy Food. It’s fast, it’s fried, and it’s convenient! “Super-sizing” your meal is going to make you “super-sized!” Do you know you can’t get a ‘small order of fries’ @ Mickey D’s anymore.
Who is going to McDonald’s and believes it’s good for you?
C’mon folks- are you really concerned about ‘your cholesterol’ if you are dining at McDonald’s?
If McDonald’s has to pay, then at least the funds are going to charity.
Am I the only one who noticed, based upon the contenst of the article, the nature of the suit that was settled?
The real “settlement” appears to be for the suit brought by Bantransfat.com because McDonalds failed to implement a promised reduction in transfat that they publicly made. To me, regardless of the fault of the public for buying food loaded with fats, making a public statement that you would reduce transfats in your product, and then not doing it, is pretty close to a deceptive trade practice.
McDonalds is lucky that the suit wasn’t brought in Jefferson County, Texas.
Don’t get me wrong: suits by individuals (even elevated to class action status) blaming McDonalds for being fat and unhealthy are just plain wrong. But, when a company decides to try to convince the public that they are making their food healthier, obviously as a counter-measure for the bad publicity of the “fat suits”, and as an inducement to therefor keep buying their product, and then they don’t make good on their promise, they do so at their own risk.
The only problem that I have with the settlement is that in the end, the attorneys will, more than likely, earn a seven figure fee for what was essentially shooting fish in a barrel.
Did anybody think that eating at McDonalds was healthy eating. Yep, when I want my health food I go to McD’s.
The one (maybe 2) times a year I eat at one of the fast food chains I want some good, fat dripping, salt licking food. I am so tired of the American public!!!!!! Either the public is full of idiots or it’s not. So which is it? Does anyone think that the good fat filled fries are health foods?
In response to Barney’s complaint about lawyers being the real issue, let me say that lawyers aren’t permitted to round up clients because that’s champerty.But if you want want some novel thinking in expanding liability don’t go back to the boiling hot coffee case, but rather to the middle ages when the concept of torts first began in England. Since then, attorneys have been called upon to serve their clients and therefore society by imaginative thinking. Products liability is just one modern example of the development of the law with skillful lawyering that persuades judges to expand or contract liability as the case may be. And my point is that it’s not a one way street. While New York’s Buick v. McPherson in the last century began the expansion of the liability of a manufacturer to one not in privity of contract, there are cases that come down that limit liability such as NY’s Fireman’s Rule that limited an injured fireman’s right to sue a building owner due to the assumption of high risk of the job which some of you may be familiar with. Recently our firm which primarily does defense work for insurers and state agencies raised the bar for damages for undocumented aliens by convincing an intermediate appellate court to apply federal immigration law (IRCA) to state tort actions. Illegal aliens can no longer recover future wages based upon an American wage scale, only their home country’s scale (unless the case is reversed by NY’s highest court). On balance, it comes down to who is going to be creative and how the legal services will be paid for as motivating the attorneys who are asked to represent clients, whether plaintiffs or defendants.
And, finally, though I was not involved in the burning coffee case, I understand in house studies found that most customers waited to drink their coffee elsewhere. The reason the coffee’s temperature was so literally burning hot at the time of sale was in order to make it more palatable by the time they did so.”Ya pays ya money, ya takes ya choice!”
I’m one of the few people that are naturally healthy, and don’t need to worry about what foods I eat. I have perfect blood pressure, never get sick, and healthy as a horse. I eat fast food chinese food 5 days a week, except when the line is long I get McD’s. On the weekends I eat McD’s almost exclusively. By looking at me, you would think that I never ate fast food a day in my life. I guess I am just lucky…
However, if I ever get fat or have a heart attack, I’m not going to blame McD’s…
Tom:
You made my day!!! And me a little richer! I had a bet going that by the end of the day (that’s 5 p.m. in Dallas) a lawyer would post a response to my email and attempt to justify what a tremendous benefit to society they are. I won! It’s 4:55 p.m. Your pontification doesn’t surprise me. You defense guys would have a tough time making a living and feeding all your little lawyers if the plaintiff guys didn’t keep things stirred up. At the end of the day, we all pay for your joint existence. Wonder how much a “Big Mac” will now cost?
If the corporate lobbyist prevail we can move all the Class Action’s to the Feds. It will be tougher to get to Big Mac. For now, the Pltf’s Atty can do their judge shopping and their extortion. These lawsuits probably should fall under the RICO statues. Have a good lawsuit and shop MacDonalds, they need your business to pay the settlement.
Go ahead and blame the lawyers, but it has been my experience that those who complain the loudest about the lawyers are the ones who run the fastest to a lawyer’s office when they feel they have been injured.
Chris hit the nail on the head when it was noted that a lot of these responses seem to go back to the people getting fat from McDonald’s claim. However, this was about McDonald’s making a promise they did not keep. And while it is very likely that some attorneys made a few dollars during the course of this lawsuit, have you ever considered how much money was spent in pursuit of this claim? Or how many cases those lawyers handled pro bono? Do you even know what the fee agreement was?
Barney, do you work for free? Or do you accept payment for your job? Have you ever declined a raise because you felt like you would be making too much money? Then why fault an attorney for making a living? Why would you expect an attorney to spend all that time and money to go to college and law school and go into a business that is expensive to pursue (filing fees, court costs, etc.) and then ask them not to try to make a few bucks? I would bet that there are many more attorneys struggling to make ends meet than there are those with McDonald’s Supersized settlements on their resume.
And before you think you have won another bet, I am not a lawyer. I am a minister.
Kudos to Rev D!
I am truly pleased that Brother Barney made some money from my comments and is now a little richer. But like everyone in the insurance industry, for starters, Barney and his company is just one of the many whose bottom line is enhanced by good defense lawyering.
Talk about Barbarians at the Gates!
What would insurers do to defend and thereby reduce their exposures if not by lawyers? Many more lawyers are employees of insurers whose insureds they represent.
No, there are some people that do it for love and some that do it for money (if you get my drift, but all the latter work directly or indirectly for the insurance industry. Insurance is the integumentary system that keeps the body of society together and gives it form. Nothing worth anything that is done from the arts to making zeppelins to fly is done without consulting an insurance agent or broker and placing coverage. Conversely, when one can’t muster enough insurance, it’s common that a project is scrapped and enters Nirvana. But if there is a dispute about coverage or liability or damages, the people you turn to are just like anyone else knowledgeable in the industry: they are the attorneys who stand in your place and stead in the trenches and take everything thrown at them from judges, juries and appellate benches who want more for the plaintiffs. These attorneys are there hoping to come away with something better than what they went into when handed a file.
Check out the Sanango/Balbuena cases in NY which were recently reported in The Insurance Journal which ran an article of what we did in our firm to limit future wage claims by undocumented aliens. We convinced an appellate court to apply IRCA, the Federal immigration law. Never done before for a state tort action and two trial judges were reversed in order to get that result so unappealing was the theory we espoused.
The entire insurance industry thereby will benefit by it both in settlements and judgments each time an undocumented alien claimant makes a claim for future lost wages in NY. I also predict this will follow throughout the U.S. if other states follow this precedent.
Oh, yeah, we did get paid(hourly)for our work as did the salaried employees who hired us(and thanked us).