NEW YORK (Reuters) - A federal judge on Wednesday dismissed a lawsuit against McDonald's Corp. . that alleged the fast food chain was responsible for children's obesity. U.S. District Judge Robert Sweet threw out the suit in its entirety. The judge held that the plaintiffs did not show that McDonald's products involve a danger unknown to the public.
Well that is good, but we have not seen or heard the last of this.
There is an extraordinary and unprecedented potential for profit here on the part of trial lawyers, tens of millions of potential "victims", not simply because heart disease and obesity are leading killers and debilitators in the US, but because fast food corporations are an untapped source of revenue. It would make "The Great Tobacco Train Robbery" look like pocket change by comparison.
Lawsuits against gun manufacturers have largely went out of style after a brief peak, and were dwindling even before many states passed laws protecting gun manufacturers, because trial lawyers realized that few gun manufacturers manage to turn any sort of profit, and even those companies don't have much to take. Smith & Wesson and Colt have been bought and sold more times than the average Congressmen due to intractibly poor balance sheets. Even a modest award against most gun manufacturers would just cause them to fold and be liquidated. No money in that.
But Taco Bell, McDonald's, Burger King, et. al., now there's some big money just waiting to be had. And they will use the same principle of 'lawsuit attrition' they used with gun manufacturers and tobacco companies.
File 10,000 lawsuits, all identical in legal theory and argument:
9,000 of them will be dismissed before trial for being frivolous
900 of them will manage to go to trial but will not succeed
90 of them will be settled out of court
9 of them will result in an enormous precedent-setting award