COURT WATCH

The U.S. District Court for the Southern District of New York recently dismissed, in its entirety, a complaint brought against McDonald's on behalf of parents of children who consumed McDonald's products, alleging violations of state consumer protection laws, negligence in the sale of defective products or the failure to warn of the dangers of over-consumption. Ashley Pelman, et al. v. McDonald's Corporation, et al., F.Supp.2d ', 2003 WL 145584 (S.D.N.Y. 2003).

The plaintiffs allege that McDonald's Corp.'s practices in making and selling its products were deceptive and that this deception caused the children who consumed its products to injure their health by becoming obese. The court noted that the case involved questions of personal responsibility, common knowledge and public health, and the role of society and the courts in addressing such issues. The case was first filed by the plaintiffs in the New York State Supreme Court, Bronx County. McDonald's removed the case to federal court, however, alleging as the basis of the removal that plaintiffs had fraudulently joined non-diverse parties in order to defeat diversity jurisdiction. After removing the case, McDonald's filed a motion to dismiss the complaint in its entirety for failure to state a claim upon which relief could be granted.