Chronicling the high cost of our legal system

Overlawyered

October 28th, 2006 at 6:55 am

Latest hot coffee lawsuit data points

» by Ted Frank

Remember that the reason anti-reformers justify Stella Liebeck’s infamous hot coffee lawsuit against McDonald’s is because McDonald’s was allegedly the only one selling coffee hot enough to burn? The family of a Dallas Cowboys coach has hired an attorney to sue McDonald’s over allegedly tainted food. Here’s how Jeff Carlton of the AP describes him:

Cecil W. Casterline, the Haley’s lawyer, has previously sued Whataburger and Wendy’s on behalf of clients allegedly scalded by coffee.

Earlier: Starbucks; Burger King; Dunkin’ Donuts; Starbucks; Starbucks; an Indiana gas station and coffeemaker manufacturer; and McDonald’s again and again. (Update: also Stony Brook University Hospital cafeteria, and Starbucks again.) All hot coffee burns. That’s why even small children know not to spill it on themselves, and why most courts hold it’s not actionable when one spills hot coffee on oneself.


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October 9th, 2006 at 12:07 am

“Illegal immigrants sue Wendy’s”

“A group of illegal immigrants who worked for Wendy’s International Inc. is suing the restaurant chain because the company fired them after discovering it had missed a deadline for joining a federal program that would have helped them attain legal status.” (Rasha Madkour, AP/Houston Chronicle, Oct. 6).

More: the restaurant company blames a series of “mistakes made by others” that began before it bought the Cafe Express chain. In particular, Houston-based business law firm Boyar & Miller failed to take steps needed to enroll workers in the program. Commenter David Schwartz points out:

It might be worth noting that the employees *paid* to partipicate in the program. Surely if I pay my employer for legal services and I don’t get them, either my employer or their law firm is at fault, no?

Isn’t missing a filing deadline a classic example of attorney malpractice?


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January 19th, 2006 at 12:07 am

Chili finger duo sentenced

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.


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September 10th, 2005 at 12:27 am

Update: chili finger couple plead guilty

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.


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May 18th, 2005 at 1:04 pm

Like a John Steinbeck novel

“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.).


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May 16th, 2005 at 2:06 am

Wendy’s case: the digital evidence

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).


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April 27th, 2005 at 7:31 pm

Live from Wendy’s

Anne Haight is photoblogging the scene of the finger incident (Apr. 25)(via Instapundit)(see Apr. 22, etc.)


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April 22nd, 2005 at 8:02 am

Breaking news: Finger-pointing III

» by Ted Frank

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.


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April 20th, 2005 at 3:05 am

You want a finger? I can get you a finger, believe me.

» by Ted Frank

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.


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April 13th, 2005 at 11:39 am

Wendy’s finger lady

She’s dropping her plan to sue the fast-food chain, following all the skeptical attention (AP/CNN, Apr. 13)(see Apr. 8, Apr. 9). And the Recorder of San Francisco (Justin Scheck, Mar. 31) has a roundup of icky foreign objects found, or claimed to have been found, in food.


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April 9th, 2005 at 2:14 am

Finger-pointing II

» by Ted Frank

The mystery of the San Jose Wendy’s chili finger deepens, as police execute a search warrant for Anna Ayala’s Las Vegas home, and Ayala claims new litigable injuries from the search. The local newspaper has four different reporters investigating. (Alan Gathright, Dave Murphy, Maria Alicia Gaura, “Police search home of woman who found finger”, SF Chronicle, Apr. 8; Ryan Kim, Dave Murphy and Alan Gathright, “Finger-finder has history of legal battles”, SF Chronicle, Apr. 9; “Woman Who Found Finger In Chili May Sue”, Good Morning America, Mar. 28). Earlier entry: Apr. 8. See also the Snopes page on the Pepsi-can syringes of 1993.

Remarkably, the media coverage never suggested that some skepticism might be warranted regarding a finding of a finger in chili until the execution of a search warrant seventeen days later. The media was similarly suckered by the tale of a juice bottle supposedly containing a human penis back in 2001.


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April 8th, 2005 at 10:29 pm

Finger pointing

“The woman who claims she bit into a human finger while eating chili at a Wendy’s restaurant has a history of filing lawsuits – including a claim against another fast-food restaurant in Nevada.” (Ken Ritter, “Woman who claimed to find finger at Wendy’s has litigious history”, AP/San Diego Union-Tribune, Apr. 8)(via Malkin)


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