District Court Orders Pelman Parties to Refile Class Certification Pleadings

The U.S. district court judge now presiding over the obesity-related claims in Pelman v. McDonald’s Corp. has ordered the parties to refile a number of documents previously submitted on motions addressing class certification. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., order entered March 24, 2010). Among the documents the court has requested are the defendant’s motion for an order striking the class allegations in plaintiffs’ second amended complaint and plaintiffs’ cross motion to certify a class and motion for an order further denying the defendant’s motion to strike.

Filed in 2002 and appealed twice to the Second Circuit Court of Appeals, this litigation seeks damages for the obesity-related health conditions of teenagers who contend they were misled by fast food advertising. Claims that the food consumed in defendant’s restaurants caused the plaintiffs’ health problems are no longer in the case.