miamiherald.com – Two South Florida McDonald’s customers learned Friday how difficult it is to win a lawsuit against a major fast-food chain. The two filed a $5 million class action lawsuit in May against McDonald’s over how it charges for one of its signature items: the Quarter Pounder with Cheese.
On Friday, U.S. District Judge William Dimitrouleas dismissed a suit filed by Cynthia Kissner of Broward and Leonard Werner of Miami-Dade in the U.S. District Court in Fort Lauderdale.
In that suit, the customers complained that they had been charged the full price of a Quarter Pounder with Cheese, even after they asked that the burger be modified to hold the cheese.
Dimitrouleas granted McDonald’s’ motion to dismiss Kissner and Werner’s amended class action complaint — and he did so “with prejudice,” meaning the two plaintiffs cannot file this suit again.
Kissner and Werner failed to “state a claim” for their damages, one of the main hurdles they would have had to clear to make headway in their lawsuit.
Citing a federal rule of civil procedure, Dimitrouleas’ decision said “a pleading must contain a ‘short and plain statement of the claim showing that the pleader is entitled to relief.’ This pleading standard ‘does not require detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-harmed me accusation.”
In layman’s language: Kissner and Werner didn’t say, or couldn’t prove, they were harmed by having to pay more for a plain Quarter Pounder, as they alleged.
In stronger language, Friday’s decision called Kissner and Werner’s attempt to tie a Quarter Pounder and a Quarter Pounder with Cheese as one “tied” product “absurd and fails.”
Dimitrouleas’ ruling says “a Quarter Pounder with no cheese and cheese are separate and distinct products, both of which are offered for sale and can be purchased separately in McDonald’s restaurants.”
The class action suit was filed by Andrew Lavin of the Miami-based Lavin Law Group in May.
This is a follow-up to the news article we posted a few months ago….I don’t want to make fun of people or even shit on people trying to make a come up….but come the fuck on guys…you were NEVER gonna win…I literally said this on the last article…
This sounds like the most Florida lawsuit of all time..because I don’t frequent McDonald’s like I used to in my younger days so I can’t be 100% positive but uhhhh pretty sure you can just say hold the cheese. I really doubt they pulled a gun on you and told you, you had to pick the cheese off…just saying.
We all have gotten our orders fucked up before..you know what you do? You go back or you just suck it up and eat something else.