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The worst thing is, like reloading against improved Illych, there are an unlimited number of tries. Each new plaintiff = new case, new facts. It only takes one win to set a horrible precedent. A really smart defense lawyer would get McD's to hire a plaintiffs' lawyer on the sly, and get a national class-action together. Once certified, people nationwide would have the option to join the class. Then McD's could whack one giant rather than play whack-a-mole.
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