Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for April, 2005

Can’t patent the crustless PB&J

Smuckers’ patent no. 6,004,596, which attempted to claim, inter alia:

A sealed crustless sandwich, comprising:

a first bread layer having a first perimeter surface coplanar to a contact surface;

at least one filling of an edible food juxtaposed to said contact surface;

a second bread layer juxtaposed to said at least one filling opposite of said first bread layer, wherein said second bread layer includes a second perimeter surface similar to said first perimeter surface;

a crimped edge directly between said first perimeter surface and said second perimeter surface for sealing said at least one filling between said first bread layer and said second bread layer;

wherein a crust portion of said first bread layer and said second bread layer has been removed.

was rejected by the Federal Circuit this week. Dennis Crouch has details in a series of three posts sufficiently comprehensive that it would be redundant for me to comment further. (Earlier posts: Jan. 30 and May 1, 2001). More: May 31.

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Finger-pointing II

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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Canada: provincial tobacco copycat suits

Bad ideas from the U.S. hit Canada ten years later dept.: two Canadian provinces are seeking to replicate the success of state attorneys general in the U.S. and scoop up large amounts of money from tobacco companies through lawsuits without the bother of raising taxes. British Columbia’s legislature followed the lead of several U.S. states (Florida, Maryland and Vermont) and enacted an explicitly retroactive “we win, you lose” statute undercutting tobacco companies’ defenses against cost recoupment. Now Manitoba has joined in, its decision announced by Theresa Oswald, who bears the scary title of Healthy Living Minister. (“Manitoba to back B.C. in tobacco case”, CBC, Feb. 25)(B.C. law).

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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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Upcoming events: Chicago, Orlando

Tomorrow (Friday, Apr. 8) I’m scheduled to participate in a panel discussion on medical malpractice at Chicago’s Union League Club, sponsored by various units of the University of Illinois (law school, medical school, Institute for Government and Public Affairs). And on Apr. 20 I’ll be giving a luncheon speech in Orlando to the Federalist Society Lawyers chapter there, on the themes of my most recent book The Rule of Lawyers. (Updated Apr. 9 to add Illinois web link and remove mention of a third appearance now likely to be canceled).

To book either Ted or me for speaking engagements, by the way, just send us email at the addresses indicated in the right-hand column.

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Gun roundup

Legislation is once again moving through Congress to pre-empt lawsuits which seek to saddle the manufacturers and lawful sellers of guns with the costs of crime. At the request of supporters of H.R. 800, the Protection of Lawful Commerce in Arms Act, I wrote a letter to the House Judiciary Committee explaining why such a bill is warranted now more than ever (longtime readers may recall that I testified on the Hill two years ago in favor of the measure). The new letter is here. (More: Mar. 15 hearings; chairman’s opening statement.)

Also, the Illinois legislature has soundly defeated efforts, backed by Chicago Mayor Daley and pro-gun-litigation groups, to alter state law so as to encourage lawsuits against gun dealers (“More Daley-backed gun bills go down in Senate committee”, AP/KWQC, Mar. 15; “House rejects measure to let victims sue gun dealers”, AP/KWQC, Apr. 6). (Update Apr. 16: backers revive measures, but they are defeated on floor of Ill. Senate). And David Hardy of the extremely promising-looking new blawg Arms and the Law finds that when law reviews present a viewpoint one-sidedly hostile to the right of individual gun ownership, it’s sometimes owing to the careful spadework of a generous outfit called the Joyce Foundation (Apr. 3)(further controversy on last point: here and here).

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