http://abcnews.go.com/Business/wireStory?id=442756Court Reinstates McDonald's Obesity Suit
Appeals Court Reinstates Class-Action Lawsuit Blaming McDonald's for Making People Fat
NEW YORK Jan 25, 2005 — An appeals court Tuesday revived part of a class-action lawsuit blaming McDonald's for making people fat, reinstating claims pertaining to deceptive advertising.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals said a lower court judge erred when he dismissed parts of the lawsuit brought on behalf of two New York children.
U.S. District Judge Robert Sweet dismissed the lawsuit in 2003 because he said it failed to link the children's alleged health problems directly to McDonald's products.
But the appeals judges said New York's general business law requires a plaintiff to show only that deceptive advertising was misleading and that the plaintiff was injured as a result. The panel upheld other parts of the dismissal.
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more:
http://abcnews.go.com/Business/wireStory?id=442756--
I knew this would be making the rounds and coming back.