Overlawyered » Wendy’s http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 11:28:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Finger-in-the-chili lady out of jail http://overlawyered.com/2010/03/finger-in-the-chili-lady-out-of-jail/ http://overlawyered.com/2010/03/finger-in-the-chili-lady-out-of-jail/#comments Fri, 12 Mar 2010 01:13:33 +0000 Ted Frank http://overlawyered.com/?p=16469 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.

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]]> http://overlawyered.com/2010/03/finger-in-the-chili-lady-out-of-jail/feed/ 4 Latest hot coffee lawsuit data points http://overlawyered.com/2006/10/latest-hot-coffee-lawsuit-data-points/ http://overlawyered.com/2006/10/latest-hot-coffee-lawsuit-data-points/#comments Sat, 28 Oct 2006 06:55:31 +0000 Ted Frank http://overlawyered.com/wpblog/?p=4116 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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]]> http://overlawyered.com/2006/10/latest-hot-coffee-lawsuit-data-points/feed/ 4 “Illegal immigrants sue Wendy’s” http://overlawyered.com/2006/10/illegal-immigrants-sue-wendys/ http://overlawyered.com/2006/10/illegal-immigrants-sue-wendys/#comments Mon, 09 Oct 2006 00:07:23 +0000 Walter Olson http://overlawyered.com/wpblog/?p=4036 “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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]]> http://overlawyered.com/2006/10/illegal-immigrants-sue-wendys/feed/ 8 Chili finger duo sentenced http://overlawyered.com/2006/01/chili-finger-duo-sentenced/ http://overlawyered.com/2006/01/chili-finger-duo-sentenced/#comments Thu, 19 Jan 2006 04:07:51 +0000 Walter Olson http://overlawyered.com/wpblog/?p=3002 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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]]> http://overlawyered.com/2006/01/chili-finger-duo-sentenced/feed/ 1 Update: chili finger couple plead guilty http://overlawyered.com/2005/09/update-chili-finger-couple-plead-guilty/ http://overlawyered.com/2005/09/update-chili-finger-couple-plead-guilty/#comments Sat, 10 Sep 2005 04:27:35 +0000 Walter Olson http://overlawyered.com/wpblog/?p=2620 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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]]> http://overlawyered.com/2005/09/update-chili-finger-couple-plead-guilty/feed/ 0 Like a John Steinbeck novel http://overlawyered.com/2005/05/like-a-john-steinbeck-novel/ http://overlawyered.com/2005/05/like-a-john-steinbeck-novel/#comments Wed, 18 May 2005 17:04:26 +0000 Walter Olson http://overlawyered.com/wpblog/?p=2223 “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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]]> http://overlawyered.com/2005/05/like-a-john-steinbeck-novel/feed/ 0 Wendy’s case: the digital evidence http://overlawyered.com/2005/05/wendys-case-the-digital-evidence/ http://overlawyered.com/2005/05/wendys-case-the-digital-evidence/#comments Mon, 16 May 2005 06:06:06 +0000 Walter Olson http://overlawyered.com/wpblog/?p=2213 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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]]> http://overlawyered.com/2005/05/wendys-case-the-digital-evidence/feed/ 0 Live from Wendy’s http://overlawyered.com/2005/04/live-from-wendys/ http://overlawyered.com/2005/04/live-from-wendys/#comments Wed, 27 Apr 2005 23:31:10 +0000 Walter Olson http://overlawyered.com/wpblog/?p=2160 Anne Haight is photoblogging the scene of the finger incident (Apr. 25)(via Instapundit)(see Apr. 22, etc.)

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]]> http://overlawyered.com/2005/04/live-from-wendys/feed/ 0 Breaking news: Finger-pointing III http://overlawyered.com/2005/04/breaking-news-finger-pointing-iii/ http://overlawyered.com/2005/04/breaking-news-finger-pointing-iii/#comments Fri, 22 Apr 2005 12:02:26 +0000 Ted Frank http://overlawyered.com/wpblog/?p=2141 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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]]> http://overlawyered.com/2005/04/breaking-news-finger-pointing-iii/feed/ 0 You want a finger? I can get you a finger, believe me. http://overlawyered.com/2005/04/you-want-a-finger-i-can-get-you-a-finger-believe-me/ http://overlawyered.com/2005/04/you-want-a-finger-i-can-get-you-a-finger-believe-me/#comments Wed, 20 Apr 2005 07:05:53 +0000 Ted Frank http://overlawyered.com/wpblog/?p=2137 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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