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In February, New York solo practitioner Samuel Hirsch decided that Ronald McDonald did not deserve a break today, and filed an amended complaint in New York federal district court against the fast food king. Judge Robert Sweet had dismissed Hirsch’s initial suit in January. The amended complaint alleges that McDonald’s Corporation has misrepresented the nutritional value of Chicken McNuggets, Filet-o-Fish, and other menu items. Hirsch seeks class action status in his amended complaint. Hirsch filed his initial suit against both McDonald’s Corporation and two Bronx franchises in August 2002, accusing them of endangering consumer health through deceptive advertising. The suit was filed on behalf of two New York families — the Pelmans and the Bradleys — whose teenage daughters have eaten at McDonald’s several times a week for years and are now suffering from obesity-related conditions such as diabetes, heart disease, and high blood pressure. When Judge Sweet dismissed the original suit, he hinted at a way for plaintiffs to get the case back into his court, pointing out that their most successful avenue would be to elaborate on the specific ingredients in McDonald’s products not likely known to the public. To illustrate this idea, Judge Sweet referred to Chicken McNuggets as a “McFrankenstein creation.” In the amended suit, Hirsch has dropped the two franchises and focused on McDonald’s headquarters, contrasting specific ads and marketing brochures with the ingredients actually in the products. McDonald’s continues to deny allegations of any wrongdoing. For Plaintiffs Ashley Pelman, Roberta Pelman, Jazlen Bradley, and Israel Bradley (New York) n Samuel Hirsch & Associates (New York): Samuel Hirsch. For Defendant McDonald’s Corporation (Oak Brook, Illinois) n In-house: Vice president, associate general counsel, and assistant secretary Jerry Krulewitch. n Winston & Strawn (Chicago): Bruce Braun, Bradley Lerman, Thomas Quigley, and associates Melissa Gabriel and Scott Glauberman. (Quigley and Gabriel are in the New York office.) Braun has represented McDonald’s since the mid-1990s. Lerman and Krulewitch also worked together as assistant U.S. attorneys in Chicago. From 2000 until 2002, after leaving the U.S. attorney’s office and before joining McDonald’s, Krulewitch worked at Winston & Strawn, often on McDonald’s matters. n Wildman, Harrold, Allen & Dixon (Chicago): Anne Kimball and Sarah Olson. Wildman, Harrold won a beauty contest to represent McDonald’s as co — outside counsel. Outlook At press time McDonald’s had not yet responded to the amended complaint.

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