Posts Tagged ‘McDonald’s’

“Telling McDonald’s it can open franchises only in the white part of town”

William Saletan is appropriately appalled by the action of the Los Angeles City Council, which has moved to prohibit the opening of new fast food restaurants in South Central. Law and public health activists are trying to obtain similar legislation in New York and elsewhere, often pretending that they are not seeking to override the actual food choices of local residents. It’s a good idea not always to accept their factual assertions at face value:

“You try to get a salad within 20 minutes of our location; it’s virtually impossible,” says the Community Coalition’s executive director. Really? The coalition’s headquarters is at 8101 S. Vermont Ave. A quick Google search shows, among other outlets, a Jack-in-the-Box six blocks away. They have salads. Not the world’s greatest salads, but not as bad as a government that tells you whose salad you can eat.

(“Food Apartheid”, Slate, Jul. 31).

More: Several thoughts from Hans Bader, including this: “When Domino’s, a private company, decided not to deliver pizza and other fast food to certain dangerous parts of Washington, D.C., based on geographic region, not race, it was accused of racism by civil-rights groups, sued for discrimination, and demonized by D.C.’s City Council. … Why the double standard in favor of government bullies?” From commenter “Shine” at Matthew Yglesias: “What’s ironic is that many of the mom and pop restaurants were burned out during the 1992 riots. And the fast-food franchises promised two things that the post-riot LA political establishment (i.e., Rebuild L.A.) demanded above all else: minority ownership and jobs.” Another commenter there, “Too many Steves”, sniffs “a political favor to the existing franchise owners”, who stand to benefit from the throttle on competition, and whose interests of course diverge from those of the national franchisors, who are probably quite sincere in their opposition.

McDonald’s drive-through window speakers

When driving through the hamburger chain’s order line, Karen Tumeh, who is hearing-impaired, doesn’t like to use the order box, which she says makes her hearing aid screech. Her lawsuit apparently construes the Americans with Disabilities Act as entitling her instead to place her order upon arriving at the pickup window and wait there until it is ready, even if other customers are lined up behind her. Employees at a Lincoln, Neb. outlet of the hamburger chain allegedly told her that if she couldn’t or wouldn’t use the order box she should come inside and order from the counter rather than hold up other patrons in the car line. (Clarence Mabin, “Hearing-impaired woman sues McDonald’s”, Jul. 15; AP/Omaha World Herald, Jul. 16).

Overlawyering making America a laughingstock

Pulitzer-prize winning columnist Leonard Pitts Jr.:

Anna from Estonia mak[es] it a point to show visiting friends a sight they could never see in the old country. They laugh, they point, they whip out cameras and take pictures. Of the Everglades? No. Of Mount Rushmore or Lady Liberty? No.

Anna said they take pictures of the idiot signs. These she said, crack her friends up. “Caution: Coffee is hot.” Apparently, elsewhere in the world, you don’t need a sign to know this.

More on the deservedly infamous McDonald’s coffee case. Similar discussion: March 2.

November 7 roundup

$6.1 million verdict in McDonald’s strip-search case

I’m going to have much much more to say about this case, but for now, let us simply note that a jury found for the plaintiff in a lawsuit against McDonald’s over her victimization by a perverted prank phone call, and awarded $6.1 million; we mentioned the incident in the comments to this lengthy September 2006 discussion of a similar lawsuit that was thrown out of court, and first noted the potential for litigation in April 2004, days before the actual incident took place in this suit.

What the press coverage to date has not mentioned is that the person who almost certainly perpetrated the incident was acquitted after the Kentucky case fell apart because the criminal defense attorney was able to impeach the witnesses by noting their financial stakes in the civil litigation decided today. Thus, thanks to our civil litigation system’s quest for the deep pocket, the guilty party went free and a tertiary innocent victim got hit with damages. Which is precisely why it’s a misnomer when trial lawyers rename themselves associations for “justice.”

Allergic to cheese, sues McDonald’s for $10 million

Jeromy Jackson says he repeatedly told the McDonald’s in Morgantown, W.V. that he needed his two Quarter Pounders without cheese, because he was allergic to cheese; “From this point forward, Mr. Jackson repeatedly asked as to the status of his food and whether it had no cheese, and took multiple preventive steps to assure his food did not contain cheese,” his suit says. On biting into the sandwich, his suit alleges, he suffered a severe allergic reaction and had to be rushed to a hospital (Cara Bailey, “Man allergic to cheese seeks $10 million from McDonald’s”, West Virginia Record, Aug. 8).

James Taranto is not what you would call sympathetic toward the action (Aug. 9): “So apparently the ‘multiple preventive steps’ he took ‘to assure his food did not contain cheese’ did not include looking at the damn sandwich before eating it”.

And more May 17 updates

  • Google beats Perfect 10 in Ninth Circuit appeal over copyright suit over thumbnail images. (Earlier: Feb. 06, Jul. 05, Nov. 04.) [LA Times; WaPo; Bashman; Perfect 10 v. Amazon (9th Cir. 2007)]
  • Judge thinks better over Brent Coon’s attempt to intimidate local press through subpoenas. Earlier: Apr. 24. [WSJ Law Blog]
  • US Supreme Court throws out punitive damages ruling in Buell-Wilson case, lets rest of decision stand. Earlier: Jan. 4 and links therein. Beck and Herrmann also discussed the case in March in the context of a larger discussion of the appropriateness of issuing punitive damages against a company that relied on government safety standards in good faith. [LA Times; AP].
  • Big LA Times piece on the still-pending Extreme Makeover suit, where a family seeks to hold ABC responsible for an intra-household dispute over the spoils of a reality show. Earlier: Mar. 4, Aug. 12, 2005. [LA Times]
  • KFC may have won on trans-fats litigation, as David reported May 3, but they capitulate to Jerry Brown’s pursuit of Lockyer’s equally bogus acrylamide suit over the naturally-occurring chemical in potatoes (Oct. 05, Aug. 05, Aug. 05, May 05, Apr. 04, etc.). KFC will pay a nuisance settlement of $341,000 and will add a meaningless warning in California stores. (Tim Reiterman, “KFC to tell customers of chemical in potatoes”, LA Times Apr. 25).
  • McDonald’s sued over hot coffee. Again. One of the allegations is that McDonald’s failed to secure the lid, which is a legitimate negligence suit, but there’s also a bogus “failure to warn me that coffee is hot” count. [Southeast Texas Record; and a Southeast Texas Record op-ed that plainly read Overlawyered on the subject]

Prince Charles v. McDonald’s

You don’t want to know how many calories are in one of HRH’s Cornish pasties. The authentic Cornish style of pasty always did seem heavy to me, as one raised on the Upper Peninsula Finnish kind. (Rebecca English and Sean Poulter, “The Royal pasty that’s unhealthier than a Big Mac”, Daily Mail (UK), Feb. 28; “Prince Charles says ban McDonald’s food”, AP/Seattle Post-Intelligencer, Feb. 28).

Two more hot coffee lawsuit data points

Add the Stony Brook University Hospital cafeteria to the list of servers unsuccessfully sued over burns caused by hot coffee. If you recall, the theory of the McDonald’s coffee case (and repeated by such trial lawyer defenders as congressional candidate Bruce Braley) was that McDonald’s, and only McDonald’s, served coffee so hot as to burn. For some reason, the reporter for the New York Law Journal tries to leave the reader with the impression that the original Stella Liebeck case was justifiable (though that opinion is irrelevant to the article itself) which shows how successful trial lawyer propaganda has been within the legal community and press. (John Caher, “N.Y. Judge Cool to Injury Claims Over Spilled Coffee”, New York Law Journal, Nov. 2). We earlier listed other hot coffee lawsuit defendants.

Speaking of which, you may recall the Russian McDonald’s coffee case litigation that we covered a year ago, with identical allegations from a woman who spilled coffee on herself; the press is reporting that the plaintiff has dropped her case. As in the Stella Liebeck case, the Russian McDonald’s had a warning on the coffee cup that the contents were hot. (“Moscow McDonald’s coffee-spill case closed”, RIA Novosti, 1 Nov.).

Latest hot coffee lawsuit data points

Remember that the reason anti-reformers justify Stella Liebeck’s infamous hot coffee lawsuit against McDonald’s is because McDonald’s was allegedly the only one selling coffee hot enough to burn? The family of a Dallas Cowboys coach has hired an attorney to sue McDonald’s over allegedly tainted food. Here’s how Jeff Carlton of the AP describes him:

Cecil W. Casterline, the Haley’s lawyer, has previously sued Whataburger and Wendy’s on behalf of clients allegedly scalded by coffee.

Earlier: Starbucks; Burger King; Dunkin’ Donuts; Starbucks; Starbucks; an Indiana gas station and coffeemaker manufacturer; and McDonald’s again and again. (Update: also Stony Brook University Hospital cafeteria, and Starbucks again.) All hot coffee burns. That’s why even small children know not to spill it on themselves, and why most courts hold it’s not actionable when one spills hot coffee on oneself.