McDonald's: Don't blame us if franchisees won't offer cheaper cheese-less Quarter Pounders - Sun Sentinel

Jennifer Olmedo-Rodriguez, Shareholder in the Litigation section, represents McDonald's in lawsuit brought by two South Florida customers seeking class action status and damages because, they said, they can't order a cheese-less Quarter Pounder at the counter without being charged the full menu price for a Quarter Pounder with Cheese. The Sun Sentinel covered the latest in the suit, citing McDonald's response:

The response by McDonald's was filed by Jennifer Olmedo-Rodriguez, of the Miami-based law firm Buchanan Ingersoll & Rooney P.C.

She wrote that restaurants owned and operated by McDonald's USA — the company's domestic arm — offer Quarter Pounders with or without cheese "and have done so even before this lawsuit was instituted." But that's irrelevant, she wrote.

"For purposes of standing, the question is not whether consumers can purchase a plain Quarter Pounder for a lower price at some McDonald's restaurants. They can. The question is whether Plaintiffs have a legal right to purchase a plain Quarter Pounder that one McDonald's franchisee has chosen not to offer on its menu just because other franchisees have chosen to offer that product. They do not."

The plaintiffs "have not suffered any injury in fact that is fairly traceable to the conduct of the McDonald's corporation" and "failed to allege, and simply cannot allege, that McDonald's corporate violated any legally protected right that they possess," the company said.