Buchanan Ingersoll Notches Win on Behalf of McDonald's in Quarter Pounder Class Action
The court slapped down a South Florida couple's putative class action lawsuit, which sought $5 million in damages and claimed McDonald's was wrong to force diners to pay for cheese on Quarter Pounder and Double Quarter Pounder burgers, whether or not they wanted it.
November 05, 2018 at 03:17 PM
3 minute read
South Floridians Cynthia E. Kissner and Leonard Werner had hoped to bring a $5 million class action lawsuit against Delaware-based McDonald's Corp. over its ”unfair” and “deceptive” cheese surcharge on Quarter Pounder and Double Quarter Pounder burgers.
But the court didn't bite.
The case lacked a solid basis, according to U.S. District Judge William P. Dimitrouleas of the Southern District of Florida, who dismissed the claims with prejudice.
The couple's “unwanted cheese vexation,” as Dimitrouleas called it, reached sizzling heights in May, prompting a putative class action lawsuit alleging unjust enrichment and a violation of antitrust laws.
According to the complaint, charging between 30 and 90 cents extra for cheese was “unfair” to diners, who weren't given the option of buying burgers without it.
The lawsuit claimed all McDonald's restaurants used to allow customers to pay less for a cheese-free Quarter Pounder, but then some franchises scrapped that measure to become a few million dollars richer. It claimed this was an illegal “tying arrangement,” a tactic used to force customers into buying one product tied to another.
But Dimitrouleas disagreed.
“Plaintiffs' attempt to fit a hamburger with cheese into these required elements is absurd and fails,” the court order said.
Related story: Miami Attorney Files Class Action Against McDonald's Over Quarter-Pounder Cheese
Kissner and Werner had sought damages plus attorney fees and court costs, while McDonald's, represented by Buchanan Ingersoll & Rooney, moved to dismiss the suit, claiming the plaintiffs lacked standing as they'd suffered no injuries.
Dimitrouleas also agreed with McDonald's on its claim that there was nothing deceptive about its Quarter Pounder sales. He branded the plaintiffs' unjust enrichment allegations “nonsensical.”
The court provided additional food for thought, noting that even if the plaintiffs had made a strong unjust enrichment claim, the case would have been barred under Florida's voluntary payment doctrine, which states that if customers knowingly paid extra, they have no grounds for a lawsuit.
McDonald's laywer, Craig D. Mills of Buchanan Ingersoll in Philadelphia, declined to comment on the case.
Kissner and Werner's attorney, Andrew T. Lavin of the Lavin Law Group in Miami, did not respond to requests for comment before deadline.
Read the full court order: [falcon-embed src="embed_1"]
Related stories:
How to Lose a Copyright Case: Court Finds Photos of Teeth Lack Sufficient Bite
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
