Pelman v. McDonald's: An In-depth Case Study of a Fast Food & Obesity Lawsuit.

Abstract

This paper analyzes a lawsuit filed against McDonald's by plaintiffs alleging that the restaurant chain bore liability for their obesity and health problems. The paper analyzes the plaintiffs' novel tort and statutory consumer fraud claims, as well as their evolution through two rounds at the district court and one round at the appellate court level. Aside from tracking the development of the plaintiffs' various claims, this paper also examines why the plaintiffs abandoned their tort claims and relied exclusively on their consumer fraud claims. In the concluding sections, the benefits and drawbacks of such an approach are evaluated and the necessary elements of a future viable claim are outlined. Finally, I offer an assessment of the plaintiffs chances in their currently pending remand before the district court.