Comments on: A Recipe for Greatness http://overlawyered.com/2006/04/a-recipe-for-greatness/?utm_source=rss&utm_medium=rss&utm_campaign=a-recipe-for-greatness Chronicling the high cost of our legal system Sat, 26 May 2012 21:33:58 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: wavemaker http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13390 wavemaker Mon, 10 Apr 2006 01:41:41 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13390 Thank you for your important contribution, Tom. Plese see <a href="http://dictionary.reference.com/search?q=miniscule" rel="nofollow">this</a>. Thank you for your important contribution, Tom. Plese see this.

]]> By: TomHynes http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13389 TomHynes Sun, 09 Apr 2006 20:31:56 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13389 I don't remember much from law school back in the early 1980s', but Professor Tom Bergin taught us to spell "minuscule" correctly. I don’t remember much from law school back in the early 1980s’, but Professor Tom Bergin taught us to spell “minuscule” correctly.

]]> By: wavemaker http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13388 wavemaker Fri, 07 Apr 2006 20:50:37 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13388 Er, what's bad lawyering Dusty? The case was decided in 1964. One would suppose that the federal government has had more than enough time to spoil a good rule since then. But even today I wouldn't expect a fair minded jury to find that a bowl of fish chowder with a bone in it is "ordinarily injurious." Er, what’s bad lawyering Dusty? The case was decided in 1964. One would suppose that the federal government has had more than enough time to spoil a good rule since then.

But even today I wouldn’t expect a fair minded jury to find that a bowl of fish chowder with a bone in it is “ordinarily injurious.”

]]> By: Dusty http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13387 Dusty Fri, 07 Apr 2006 18:26:27 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13387 That's bad lawyering? The Federal Food, Drug, and Cosmetic Act (Title 21 of the US Code) states that food is adulterated if it is 'ordinarily injurious'. I think most juries would agree that fish bones are injurious. That’s bad lawyering? The Federal Food, Drug, and Cosmetic Act (Title 21 of the US Code) states that food is adulterated if it is ‘ordinarily injurious’. I think most juries would agree that fish bones are injurious.

]]> By: peter morin http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13386 peter morin Wed, 05 Apr 2006 21:25:24 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13386 According to my citing history, there are only three cases in the country that declined to follow the rule or called it into question -- they are in the states of Minnesota, Delaware and Illinois. The Webster case applies what is called the "foreign-natural" test, which has been discussed at length in contracts classes and articles for decades. That the rule is still followed broadly is a testament to its common sense. According to my citing history, there are only three cases in the country that declined to follow the rule or called it into question — they are in the states of Minnesota, Delaware and Illinois.

The Webster case applies what is called the “foreign-natural” test, which has been discussed at length in contracts classes and articles for decades. That the rule is still followed broadly is a testament to its common sense.

]]> By: Deoxy http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13385 Deoxy Wed, 05 Apr 2006 21:15:07 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13385 Kent, Sure... which is why the lawyers will make sure to find a way to sue in a <i>different jurisdiction</i>. Kent,

Sure… which is why the lawyers will make sure to find a way to sue in a different jurisdiction.

]]> By: Peter http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13384 Peter Wed, 05 Apr 2006 20:49:42 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13384 <i>"While she was eating the chowder, a fish bone became lodged in her throat..."</i> But if they took the bones out, it wouldn't be crunchy! (Stop me before I reference Monty Python again!) “While she was eating the chowder, a fish bone became lodged in her throat…”

But if they took the bones out, it wouldn’t be crunchy! (Stop me before I reference Monty Python again!)

]]> By: Kent http://overlawyered.com/2006/04/a-recipe-for-greatness/comment-page-1/#comment-13383 Kent Wed, 05 Apr 2006 20:17:49 +0000 http://overlawyered.com/wpblog/index.php/2006/04/a-recipe-for-greatness/#comment-13383 Is there any court, anywhere in America, that would find for the defendant on a case like this today? Is there any court, anywhere in America, that would find for the defendant on a case like this today?

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