One More Time, With Evidence

Jacob Sullum | January 26, 2005

A federal appeals court has reinstated a lawsuit against McDonald's by two obese New York City teenagers who blame the chain for making them fat. The U.S. Court of Appeals for the 2nd Circuit ruled that the teenagers' lawyer, Samuel Hirsch, whose complaints were rejected twice by U.S. District Judge Robert W. Sweet for failing to properly state a claim, should be allowed to obtain documents from McDonald's that may help to flesh out his case. Hirsch, you may recall, is featured in the docu-comedy Super Size Me, in which he draws a blank when asked to explain his motive in filing the suit. "You mean, motive besides monetary compensation?" he says. "You want to hear a noble cause?" I'd settle for a plausible claim.