Burger World is a nationwide food chain specializing in burgers, fries and other fast food dishes. Recently, Burger World decided to enter the competitive realm of breakfast sandwiches. In an attempt to compete with McDonald's Egg McMuffin and Burger King's Breakfast Croissant, Burger World introduced the "Big Beefy Breakfast Biscuit." Despite its name, the Big Beefy Breakfast Biscuit is actually a pork sandwich and contains absolutely no beef.
Burger World's advertisement campaign sought to parody prior ad campaigns such as Wendy's Hamburger's "Where's the Beefy Biscuit" and other notable advertisements emphasizing beef products. In fact, the most popular advertisement had chickens holding signs exclaiming that "Friends Don't Let Friends Eat Chicken" in an attempt to satirize Chick-Fil-A's extremely successful cow campaign. Finally, Burger World hosted a contest to see if anyone could say "Big Beefy Breakfast Biscuit" three times without stumbling. Successful participants received two-for-one coupons for future sandwiches. Out of fear of competition, Burger World refused to reveal how it made the Beefy Biscuit taste so wonderful.
Within months, Burger World's Big Beefy Breakfast Biscuit became a national success. Sales were particularly high in the southwestern United States. For over one year, Marion Spurling purchased Burger World's Big Beefy Breakfast Biscuit at least once a week. Marion loved the taste and smell of this wonderful breakfast creation. That is, Marion loved the sandwich until s/he became aware that the Big Beefy Breakfast Biscuit was not beef at all but, instead, was pork.
Marion is Jewish and actively practices her faith. An important component of the Jewish faith includes a mandate to avoid consumption of all pork products. But for Burger World's misrepresentation of its popular breakfast sandwich, Marion would not have purchased, much less consumed, a pork product. Marion had avoided consuming pork for his/her entire life - 37 years. The knowledge that he/she has violated a fundamental principle of his/her faith for nearly one year has devastated Marion.
Marion has threatened to "go public" with this issue if a resolution is not reached today. Marion has indicated that s/he will contact all the major news magazines programs (Good Morning America, the Today Show, the Letterman Show, etc.) to get the message out to others that the Big Beefy Breakfast Biscuit is a nothing but a piggish scam. Marion realizes there are others out there like her, and wants to make sure that justice is done for them too. Marion has hired lawyers and intends to file a federal lawsuit seeking injunctive and monetary relief, possibly a class action. Prior to filing suit, the parties and their respective attorneys have agreed to attempt mediation.

In this case what are the best arguments for the plaintiffs Atty and Opposing counsel in a mediation.
Where's the Beef?

Answer rating: 100% (QA)

This case is complex as it involves elements of consumer law false advertising religious rights and ... View the full answer