Judge tosses $5 million lawsuit filed over a slice of cheese
A U.S. District Judge has dismissed a $5 million class action lawsuit filed by two people who had to pay full price for a Quarter Pounder with Cheese, even though they asked for no cheese.
Cynthia Kissner of Broward and Leonard Werner of Miami-Dade filed a $5 million class action lawsuit against McDonald's because of the way they charged different prices for a Quarter Pounder with Cheese. The case was tossed out, by U.S. District Judge William Dimitrouleas, faster than a Nolan Ryan fastball. This happened at the U.S. District Court in Fort Lauderdale.
The customer's lawsuit complained that they were charged full price for the Quarter Pounder with Cheese, but they specifically asked for no cheese. They were still charged the full price of the Quarter Pounder with Cheese, even though there was no cheese.
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 were unable to prove that any damages had occurred or existed from paying full price for an item that they knowingly ordered.
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 McDonald’s App does not constitute advertising because product availability and pricing on the App varies as a customer changes location and the App clearly states the same,” according to McDonald’s reply in support of a motion to dismiss. That dismissal request was filed by Jennifer Olmedo-Rodriguez and attorneys at the Miami-based Buchanan Ingersoll & Rooney on Oct. 24.
The court also agreed with McDonald’s that while cheese is a component of several menu items — that includes the Big Mac and Filet-o’-Fish, for instance — Kissner and Werner can’t allege that “a slice of ‘cheese’ is a separate and distinct menu item with a separate and independent market that is being tied to the purchase of the Quarter Pounder or Double Quarter Pounder.”
The dismissal added: “Under any common sense analysis, there is no market for a customer to come into a McDonald’s restaurant and order a slice or two of ‘cheese’ as a product that is separate, distinct, and independent from any other product or menu item. Nor is there a separate product market for a customer to order a slice of tomato, or a slice of lettuce, or a slice of pickle, etc.”
Was this two people trying to get rich quick over a cheap scam?