Preview

Pelman Vs Mcdonald's Lawsuit Case Study

Satisfactory Essays
Open Document
Open Document
256 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Pelman Vs Mcdonald's Lawsuit Case Study
The Pelman vs McDonald’s lawsuit was launched on behalf of various children that over a long period and frequent visits to various McDonald’s fast food restaurants developed various medical conditions deemed in the medical community and by concerned parents as serious. These conditions included diabetes, coronary heart disease, overweight conditions, high blood pressure as well as elevated cholesterol and other health concerns
It was the plaintiff’s opinion that these conditions were incurred as a direct result in the McDonald’s fast food corporation’s failure to protect these children by engaging in the corporation’s failure to warn consumers of the dangers of eating fast food. Plaintiff’s further alleged that the McDonald’s corporation and

You May Also Find These Documents Helpful

  • Powerful Essays

    Case Brief

    • 7225 Words
    • 24 Pages

    PROCEDURAL POSTURE: Plaintiffs, a child and his mother, grandmother, and father, challenged a judgment of the Hamilton County Court of Common Pleas (Ohio) which granted summary judgment to defendants, a restaurant franchisor and franchisee, in plaintiff's action in breach of warranty, products liability, and negligence for injuries plaintiff child received when a cup of defendants' coffee spilled in plaintiffs' vehicle.…

    • 7225 Words
    • 24 Pages
    Powerful Essays
  • Good Essays

    Tyson Foods, Case No. 2-103 / 11-1186, is a prime example of an Iowa appellate court being relied upon to provide justice to each member of the case during a lawsuit filed against a corporation. Refugio Orozco Serratos (plaintiff) sued his employer Tyson Foods (defendant) because he believed the factory he worked in provided employees with unsafe working conditions, which lead to health issues amongst himself and his fellow co-workers of Tyson Foods. Mr. Serratos attempted to sue Tyson Foods over chapter 85A of the Workers’ Compensation Act because he believed his Chronic Obstructive Pulmonary Disease (COPD) was brought about directly from his working experiences and conditions at Tyson Foods. Ultimately, Mr. Serratos was not found in favor of this particular case because he could not prove his COPD was directly caused by his working conditions, especially since doctors believe his COPD could partially be a result of his past of…

    • 604 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Lawler Foods was sued due to racial discrimanation in December 2014. There were a number of African Americans and hispanics that felt they were victims of discrimination and filed a lawsuit with the EEOC. It became a Civil Action lawsuit. The victims alleged the company violated many laws, denying them the opportunity to be hired for jobs. “Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of race and national origin” (EEOC, 2016). A decision was reached and Lawler foods would pay people involved in the settlement $1,042,000 and only be able to hire applicants based on the skills they display and needed for the job required. The company could also consider applicants’ talent. The…

    • 198 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Nadel Law Case Essay Example

    • 5133 Words
    • 15 Pages

    On a morning in early December 1993, plaintiff-appellant Paul Nadel was driving his son, plaintiff-appellant Christopher, and two younger daughters, Ashley and Brittany, to school.1 Paul's mother, plaintiff-appellant Evelyn Nadel, was seated next to the passenger window. Christopher was seated in the front seat between Evelyn and Paul, with one foot on the transmission hump and one foot on the passenger side of the hump. Brittany and Ashley were in the back seat. On the way, they ordered breakfast from the drive-through window of a Burger King restaurant owned and operated by defendant-appellee Emil, Inc. (“Emil”) under a franchise agreement with defendant-appellee Burger King Corporation (“BK”). Paul's order included several breakfast sandwiches and drinks and two cups of coffee. The cups of coffee were fitted with lids and served in a cardboard container designed to hold four cups, with the two cups placed on opposite diagonal corners. Emil's employee served the coffee through the car window to Paul, who passed it to Christopher, who handed it to Evelyn.…

    • 5133 Words
    • 15 Pages
    Powerful Essays
  • Satisfactory Essays

    1) CITATION: McDonald V. City of Chicago, III., 130 S. Ct. 3020- Supreme Court 2010…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Nadel Et Al

    • 1394 Words
    • 5 Pages

    The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted on the products liability and related punitive damage claims. Issues of fact remained as to whether the coffee was defective due to the heat at which it was served and whether an adequate warning existed. Because the alleged failure to warn involved a product, not premises, summary judgment was properly granted as to premises liability. Plaintiffs' claims of emotional damage were inadequate to support their claim of negligent infliction of emotional distress.…

    • 1394 Words
    • 5 Pages
    Good Essays
  • Good Essays

    David Zinczenko’s essay, “Don’t Blame the Eater,” (New York Times, November 23, 2002) emphasizes the idea that the large conglomerates may be held accountable for some legal responsibility for the skyrocketing rate of obesity in America within children. He uses anecdotal evidence from his past to argue that it is not the consumer’s fault that they are experiencing health issues, it is the multinational corporations that own the most well known fast food restaurants. Zinczenko starts by saying that he has been a victim of these large conglomerates as a younger boy. He states that he had a daily task of choosing where to have his lunch and dinner between four well-known fast food chains. Zinczenko also shares that he lost…

    • 275 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In David Zinczenko’s Don’t Blame the Eater, he criticizes the fast food industry's failure to provide nutrition information and the resulting consequences in the American health and legal systems. He argues that we should not blame kids for eating unhealthily but instead look to the fast food industry as the problem. Kids are suing McDonalds because they are overweight and the author has had a similar experience growing up. The problems with kids eating too much has become a national crisis and causing an increase in childhood diabetes. One reason this problem is so serious is that there isn’t any alternative, it’s cheap, and healthy food…

    • 191 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In the essay “The Big Fat Case Against Big Macs,” Ellen Goodman doubts that the best lawyers can prove that fast food companies, like McDonald’s and Burger King, are the causes that make many people become overweight and have health problems, but they can prove that fast food companies fooled their consumers, especially young kids. For example, McDonald’s uses toys as attractions to make kids buy its meals. She also states that fast food companies put slogans to make kids think that eating their “Big Kids Meal” will make them…

    • 748 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Americans have become hypnotized by the trend of lawsuits. If an individual can find anyway to sue then a lawsuit will occur. David Zinczenko introduces this concept in his article, "Don't Blame the Eater." He states that many frequent eaters of fast food are beginning to sue the corporations because they are now considered obese due to the food served to them at the fast food restaurant. I am of two minds about David Zincenzko’s claim that fast food corporations are to blame for obesity in America. On the one hand, I agree that the combination of affordability and availability vs. healthy alternatives and the lack of nutritional information and have been considered a major cause of obesity in America. On the other hand, I’m not sure if the…

    • 1046 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In the article “Don’t Blame the Eater,” written by David Zinczenko, he asserts that children have the right to sue fast food companies because their food made the children unhealthy and over-weight. Zinczenko believes that the fast food companies cause the childhood obesity because their primary concern is to make profit. Therefore, they do not care about the unhealthy food that their customers consume. He states that the fast food restaurants purposely target young children and teenagers because they enjoy cheap and readily available meal. As a result, they tend to eat at the fast food restaurants, such as McDonalds and Burger King, because they can…

    • 745 Words
    • 3 Pages
    Good Essays
  • Good Essays

    American Diet

    • 656 Words
    • 3 Pages

    a. A legal strategy that people have taken in order to change the way corporations market food is class action lawsuits such as Pelman vs. McDonalds. Pelman plaintiffs sued McDonalds for causing obesity, diabetes, heart disease, high blood pressure, elevated cholesterol intake, or other health related harms. Pelman’s hope is to change the way McDonald’s markets food to children in hopes that people realize that the food can be potentially hazardous to health.…

    • 656 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Obesity Satire

    • 774 Words
    • 4 Pages

    The reason for Spurlock’s investigation was the increasing spread of obesity throughout U.S. society and corresponding lawsuit brought against McDonald’s on behalf of two overweight girls who became obese as a result of eating McDonald’s food. [Pelman v. McDonald’s Corp., 237F. Supp. 2d512]. Spurlock points out that even though the lawsuit against McDonald’s failed much the same criticism leveled against the tobacco companies applies to fast food franchise whose product is both physiologically addictive and physically…

    • 774 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 2002, parents of two obese teenaged girls filed a lawsuit against the McDonald’s Corporation alleging the company’s negligent, yet effective, marketing of fatty foods toward the American youth led to her unhealthy weight and lifestyle. The complaint also noted that McDonald’s failed to properly disclose the ingredients and nutritional information of their products. Similarly, in 2003, a male in California filed a lawsuit against Nabisco for their use of trans fats ingredients in their snack products, primarily the popular—and delicious—Oreo cookies; he argued that the company knew trans fats cause tremendous and undesirable weight gain leading to an unhealthy American populace. While both cases failed to fully navigate their way to trial,…

    • 1897 Words
    • 8 Pages
    Good Essays
  • Good Essays

    “If ever there were a newspaper headline custom-made for Jay Leno’s monologue, this was it. Kids’ taking on McDonald’s this week, suing the company for making them fat. Isn’t that like middle-aged men suing Porsche for making them get speeding tickets? Whatever happened to personal responsibility?” David makes an excellent point as he opens his article, but then contradicts himself by telling us that he believes McDonalds is to blame for obesity in America. It is my belief that his entire article can be invalidated in just two words: personal responsibility. Each individual is responsible for the decisions that they make regarding their health or any aspect of their life for that matter. If we blame fast food restaurants for making us obese, where does the blame stop? It is even more critical for parents to recognize the need for personal responsibility, because they are not only responsible for their health, but they are responsible for teaching their children how to eat right and take care of themselves as they grow up. Some might argue that if fast food chains changed their portion size or labeled their products with nutritional information, that consumers would make better choices.…

    • 805 Words
    • 4 Pages
    Good Essays