- If you thought “finger in chili” was bad, meet the Utah couple arrested on charges of planting razor blade shards in doughnuts and swallowing some [KSL, Daily Mail]
- My talk a few weeks ago as part of Cato Institute panel on nanny state [YouTube, Bruce Majors]
- New Reason-RUPE public opinion survey finds public broadly opposed to food and drink bans [Sullum]
- Feds’ bad advice on polyunsaturated fat: more damaging than any mass tort in sight? [David Oliver] More: Hans Bader.
- Coroner blames woman’s death on Coca-Cola addiction [TV NZ] Monster Beverage: natural causes, not caffeine toxicity, killed Maryland teen [Reuters, NYT, earlier] More: Jacob Sullum.
- Oh, CSPI, thou contradictest thyself [Baylen Linnekin; more from him on parents' and kids' food choices quoting me, NYC soda ban]
- “Bloomberg limits seder portions” [Purim spoof, New York Jewish Week]
- Kelly Brownell, guru of obesity-reduction-through-coercion formerly based at Yale, named dean of public policy school at Duke;
- “A Knife, a Walmart Birthday Cake and a Frenzy of Overreaction” [Free-Range Kids] Mardi Gras perennial: can you buy king cake with baby figurine already in it? [same, earlier]
- Now they tell us: NYT book review not conspicuously enthusiastic about Michael Moss anti-food-biz book hyped to the rafters in NYT magazine three weeks earlier [Ira Stoll, SmarterTimes, our take]
Tagged as:
eat drink and be merry,
finger in the chili,
food safety,
nanny state,
obesity,
soft drinks,
trans-fats
Anna Ayala served four years of a nine-year sentence after pleading guilty (with Jaime Plascencia) to attempted grand theft and the filing of a false insurance claim in the famous Wendy’s chili incident. Now she’s facing charges over new fibs allegedly told to the police to cover for her son in a gun possession case [San Jose Mercury News, earlier]
Tagged as:
finger in the chili
- Liquor commissioner of New Hampshire nabbed on DWI rap, refuses breathalyzer test [WMUR]
- Slumber party liability waivers are something we’ve reported on before. But home trampoline disclaimers? [Free-Range Kids]
- Website’s terms and conditions include giving up your immortal soul [Popehat]
- Scottish jury says charges “not proven” against lawyers in case of monetary demand for return of stolen Leonardo da Vinci painting [Guardian, earlier]
- If you’re going to shake down food makers with false claims of contaminants in their wares, it’s best to vary your story patterns [Tacoma News-Tribune, Seattle Times]
- “My task is simple: spew foundationless tripe that turns itself into a pre-trial settlement demand.” [The Namby Pamby, a lawyer blog I really should have linked before now] More: Daniel Fisher, Forbes.
- Why plaintiffs lawyers aren’t so thrilled about recent Toyota revelations: most are invested in blaming electronics, not stuck pedals or mats [WSJ Law Blog]
- Duck hunters sue guide over disappointing trip [Fred Hartman, Fort Bend, Texas, Herald]
Tagged as:
alcohol,
finger in the chili,
New Hampshire,
Texas,
Toyota
Speaking of national media hoaxes, today’s San Jose Mercury News profiles the post-incarceration life of Anna Ayala. The digital pioneer is divorced from co-conspirator Jaime Plascencia, who is still in prison. Ayala’s greatest trauma from her four years in prison (out of her nine-year sentence) seems to be that everyone called her the Finger Lady. She’s permanently banned from Wendy’s, so she’ll miss out on the Baconator.
Tagged as:
finger in the chili,
Wendy's
- Wronged wife loses suit under California “Drug Dealer Liability Act” (DDLA) against mistress who supplied crack cocaine to husband [OnPoint News]
- “D.C. Circuit to Former Judge in Pants Lawsuit: Follow the Rules” [NLJ, more, earlier]
- “Law firm demands retailer destroy all copies of Olivia Munn comic, retailer refuses” [BoingBoing, HeavyInk, earlier on TJIC]
- Can’t find jury for tobacco trial: “Lawyers excused a woman who said people have no right to sue over diseases that are disclosed on the warning label of a package.” [Russell Jackson, Chamber-backed W.V. Record]
- Despite widespread misconception to the contrary, editing comments generally does not open blogger to liability over what remains [Citizen Media Law]
- To heck with HIPAA, introduce your patients to each other if you think they’ll get along [Musings of a Dinosaur]
- Devoted daughter vs. RSPCA: epic will contest in Britain over family farm bequest [Times Online]
- Woman found guilty after planting dead rat in meal at upscale restaurant [Appleton Post-Crescent via Lowering the Bar and Obscure Store]
Tagged as:
alienation of affection,
bloggers and the law,
finger in the chili,
HIPAA,
illegal drugs,
jury selection,
Roy Pearson,
wills and trusts
Newcastle, England leaflet distributor (and former Labour Party council member) Mark Hunter is suing a dog owner whose Jack Russell terrier, the imaginatively named Jack, allegedly bit off the tip of the leafleteer’s finger as he pushed election paraphernalia through a front-door letterbox. While both Hunter and dog owner Mark Monroe seem to agree that part of Hunter’s bloody finger did indeed end up on the floor of Monroe’s home, it’s unclear how Jack could have bitten Monroe through the letterbox–which boasts a contraption known as a “letterbox guard”. Also unclear: why Monroe put Hunter’s finger in his freezer (keeping it for several months before ultimately tossing it in the rubbish), and why neither Hunter nor Monroe immediately reported the incident to police. Hunter is seeking about $25,000.
Though Monroe froze the finger, he was kind enough not to toss it in the chili. (“Labour campaigner’s ‘finger bitten off by dog’ as he pushed leaflet through letterbox”, The Daily Mail, Sept. 22).
Tagged as:
animals,
dog bites,
finger in the chili,
United Kingdom
- Eeeeeeuw: House of Meats employees show reporter “they have all ten of their fingers” after customer reports human digit in her dish of oxtails [BayNews 9 Tampa]
- Press keeps digging into Joe Biden ties to asbestos bar [American Lawyer, more links in PoL roundup]
- Black eye for big law site FindLaw with reports that it’s been selling law firms links in editorial material, a practice sure to raise Google wrath [Oilman, Kevin O'Keefe/Real Lawyers Have Blogs, ABA Journal, Search Engine Land, National Post] More: WSJ on FindLaw’s denial; O’Keefe.
- Overlawyered favorite Fred Baron, of Rielle Hunter generosity, much in evidence at Democratic convention [Dallas Morning News, ABC News] Texas trial lawyer Steve Susman is only individual lawyer listed as convention sponsor [AmLaw Daily, scroll]
- As if legislative expansion of the Americans with Disabilities Act weren’t worry enough, 1,000 pages of new DoJ regulations will add billions in costs, as by requiring that 50 percent of miniature golf holes be wheelchair-accessible [Las Vegas Review-Journal via ABA Journal]
- “Bond reduced for two fen-phen attorneys” in Kentucky [Lexington Herald-Leader, more]
- Cozen O’Connor and insurers dealt big setback as Second Circuit’s Judge Jacobs rules they can’t sue Saudi government over 9/11 [Philadelphia Inquirer, more; related on FOIA, Legal Intelligencer; earlier here and here]
- Jury awards $500,000 in malpractice suit against D.C.-based plaintiffs’ firm Cohen Milstein Hausfeld & Toll [Legal Times]
- Australia: “A serial protester who injured a policewoman during the G20 riots wants her conviction overturned so she can still practise as a lawyer.” [Melbourne Herald Sun, Julia Dehm]
Tagged as:
asbestos,
Australia,
Cozen O'Connor,
disabled rights,
finger in the chili,
Fred Baron,
insurers,
Joe Biden,
Kentucky fen-phen settlement fraud,
Michael Hausfeld,
miniature golf,
politics,
Rielle Hunter,
Saudi Arabia,
September 11,
stephen susman
- Divorcing Brooklyn couple has put up sheetrock wall dividing house into his and hers [L.A. Times, AP/Newsday]
- Boston Herald appeals $2 million libel award to Judge Ernest Murphy, whom the paper had portrayed as soft on criminals (earlier: Dec. 8 and Dec. 23, 2005) [Globe via Romenesko]
- Updating Jul. 8 story: Georgia man admits he put poison in his kids’ soup in hopes of getting money from Campbell Soup Co. [AP/AccessNorthGeorgia]
- Witness talks back to lawyer at deposition [YouTube via Bainbridge, %&*#)!* language]
- Prominent UK business figure says overprotective schools producing generation of “cotton wool kids” [Telegraph]
- State agents swoop down on Montana antique store and seize roulette wheel from 1880s among other “unlicensed gambling equipment” [AP/The Missoulian]
- “You, gentlemen, are no barristers. You are just two litigators. On Long Island.” [Lat and commenter]
- Some Dutch municipalities exclude dads from town-sponsored kids’ playgroups, so as not to offend devout Muslim moms [Crooked Timber]
- As mayor, Rudy Giuliani didn’t hesitate to stand up to the greens when he thought they were wrong [Berlau @ CEI]
- Australia: funeral homes, fearing back injury claims, now discouraging the tradition of family members and friends being pallbearers [Sydney Morning Herald]
- Asserting 200-year-old defect in title, Philly’s Cozen & O’Connor represents Indian tribe in failed lawsuit laying claim to land under Binney & Smith Crayola factory [three years ago on Overlawyered]
Tagged as:
Australia,
chasing clients,
child protection,
divorce,
finger in the chili,
gambling,
Indian tribes,
libel slander and defamation,
Long Island,
Montana,
Netherlands
Ricky Lee Patterson had been seeking a $500,000 settlement from Cracker Barrel restaurant. “Prosecutors brought charges after an examination of the mouse found that it died of a fractured skull, had no soup in its lungs and had not been cooked – all of which suggested the rodent was dropped into the customer’s soup after it had died.” (AP, Sep. 14).
Tagged as:
finger in the chili
Headline of this Traverse City, Mich. tale says it all: “Man Who Put Dead Mouse in Burrito at Taco Bell Given Prison Time” (AP/FoxNews.com, Jun. 2). One word of advice: if you’re going to pull this kind of stunt, don’t use the kind of frozen mice that pet stores sell as food for snakes, at least not if anyone can testify to your having bought them.
Tagged as:
finger in the chili
Fickle finger of fate, cont’d: dissatisfied Wendy’s customer Anna Ayala drew a nine-year sentence while Jaime Plascencia, her boyfriend and the procurer of the severed digit, drew twelve years. “The two pleaded guilty in September to conspiracy to file a false insurance claim and attempted grand theft with damages exceeding $2.5 million.” (“Chili Finger Couple Get Stiff Sentences”, AP/NBC San Diego, Jan. 18). Our previous coverage: Apr. 8, Apr. 9, Apr. 13, Apr. 20, Apr. 22, Apr. 27, May 16, Sept. 10.
Tagged as:
finger in the chili,
San Diego,
Wendy's
Anna Ayala and husband Jaime Placencia, the couple “accused of conspiring to put a human finger in a bowl of Wendy’s chili[,] pleaded guilty today in a Santa Clara County courtroom.” (San Francisco Chronicle, Sept. 9). See May 18, May 16, etc.
Tagged as:
finger in the chili,
restaurants,
Wendy's
“The Las Vegas man whose severed fingertip ended up in a cup of Wendy’s chili gave his mangled digit to a co-worker to settle a $50 debt — but had no idea it would be used in an alleged scheme to swindle the fast-food chain, the man’s mother said Tuesday.” (Alan Gathright and Meredith May, “Worker gave his finger to settle $50 debt”, San Francisco Chronicle, May 18)(see May 16, etc.).
Tagged as:
finger in the chili,
Wendy's
San Jose police say the finger that Anna Ayala says she found in a bowl of Wendy’s chili (Apr. 27, Apr. 22, etc.) has now been identified; it belonged to a co-worker of her husband, James Plascencia, who lost it in the tailgate of a truck in an on-the-job accident. Authorities believe it then fell into the possession of Mr. Plascencia. (Dan Reed, Linda Goldston and Chuck Carroll, “The jig is up”, San Jose Mercury News, May 14; “Worker: Finger found in chili severed in tailgate”, AP/CNN, May 15).
Tagged as:
finger in the chili,
Wendy's
Anna Ayala was arrested late last night, and San Jose police will hold a press conference at 1 this afternoon to announce charges–bad timing for Wendy’s, since this means that the exoneration from a month of bad publicity from a finger supposedly found in its chili that has substantially hurt its sales in California and Las Vegas will take place in the Friday evening news cycle. Previous entries: Apr. 9 and Apr. 20.
Tagged as:
finger in the chili,
Wendy's
There are ways, claims Mary Roach in the San Francisco Chronicle, channelling Walter Sobchak. (“Fingering the finger”, Apr. 18 (via Romenesko)). “I would put good money on the digit hailing from someplace other than the hand of a meat or tomato or onion processor who works in a plant that processes ingredients for Wendy’s. People who work in processing plants do not have long, well-groomed fingernails. Long nails are against the rules in these plants.” Scott Herhold of the San Jose Mercury News is reminded of a 1987 hoax involving a finger that wasn’t. (“1987 finger mystery just a lot of tripe”, Apr. 17). Earlier entries: Apr. 9 and link therein.
Tagged as:
finger in the chili,
Wendy's