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Every Dog has its Day

The fact that I do not even have a category for this item is probably a good sign that it is outside the scope of this blog (whatever that has become), but I cannot pass this one up. Lots of people are picking this one up, but I love this type of case. It’s like when the US Supreme Court determined whether a tomato was a vegetable:

Is a burrito a sandwich? The Panera Bread Co. bakery-and-cafe chain says yes. But a judge said no, ruling against Panera in its bid to prevent a Mexican restaurant from moving into the same shopping mall.

Link. (Yahoo News)

The case centers around a lease provision giving the Bread company the right to prevent a competing “sandwich” shop from coming in. Somewhere some attorney it kicking himself or herself for not defining the term in the definitions section of the lease. And people wonder why legal documents are so complicated. . . .:

“A sandwich is not commonly understood to include burritos, tacos and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans,” [Superior Court Judge Jeffrey] Locke wrote in a decision released last week.

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