I was unable to exclude quesadillas without also excluding other things that are functionally identical to sandwiches(Wraps/grilled cheese), and I was unable to include uncrustables without also including calzones. Where substituted as a low-carb option, lettuce can be substituted for bread provided nothing else is changed and filling is the same as is typically found in two-bread sandwiches. 2006). Hotdogs when consumed by turning them on their side and eaten as a sandwich. The court’s strict reliance on the dictionary ended any other attempt it might have made to understand what was really intended and, quite frankly, what should have been expected – at least to the point where the issue could (or should) have been fleshed out during lease negotiations. Well, that definition is clearly bullshit. Or you can bring the two pieces together. Does a hot dog count as meat? Mutual Fund and ETF data provided by Refinitiv Lipper. From there, one could go to an intact roll with a slit on the side and stuffed with meat. The double down is not a sandwich. Reading Law: The Interpretation of Legal Texts, The New Webster Third International Dictionary, White City Shopping Center, LP. A Panera Bread franchisee spent several months negotiating a lease, “partly because of [Panera’s] request to include an exclusivity clause in the lease.” Panera prepared the original text and it was revised three times before the lease was signed. Chicken salad sandwiches and tuna sandwiches. This material may not be published, broadcast, rewritten, or redistributed. It is either "X on Y" or "X and Y" ala Bagel & Cream Cheese or Buttered Toast or eggs on toast. Is a ravioli a sandwich? So, after Qdoba spent “over $85,000” in planning costs and contractually committed to spending another $300,000, Panera threatened its shopping center landlord and the landlord reacted by seeking a declaratory judgment to the effect that Panera’s exclusive use right had not been violated. A burrito shop opened in the same food court, and the sandwich place sued. Simply speaking, Panera argued that a burrito was a sandwich and the Landlord argued that it was not. Ravioli is pasta with filling, not pastry with filling. Quotes displayed in real-time or delayed by at least 15 minutes. The court did. Here are at least three reasons we might be asking this question, and the answers we will give. If I remember correctly the case involved a mall food court where a sandwich shop opened under the condition that they would be the only place to get sandwiches. The Massachusetts court pointed out certain missed opportunities for Panera to have done a better job for itself. It is the shame of the U.S. (And the pride of 'Murica). Powered and implemented by FactSet Digital Solutions. There are a series of rules used by courts to aid in contract interpretation. Super. Does the ordinary consumer “see” a hamburger as a sandwich? ©2020 FOX News Network, LLC. According to the Food Standards and Labeling Policy Book, "A sandwich is a meat or poultry filling between two slices of bread, a bun or a biscuit.". Also, it would have fleshed out the “issue” during negotiations, and had the text survived, this case would not have arisen in the first place – no angst, no legal bills. The bread must have been baked prior to being combined with the filling(i.e., no Calzones), Where the sandwich is one (rather than two) pieces of bread, the filling must be typically found in two-bread sandwiches in the same form.  If the words of the contract are plain and free from ambiguity, they must be construed in accordance with their ordinary and usual sense.”, From that point onward, it was all downhill for the court. Nor did this court, even though the question apparently was presented. Panera may have had better luck if they brought their case to a food court where justice is served. Next, it knew or should have known of other QSRs that sold sandwich “alternatives,” either by way of its general knowledge or because there were Mexican-style restaurants at other shopping centers near this very location. Janine Puhak is an editor for Fox News Lifestyle. L.Rptr. What went wrong for this Panera franchisee was that it forgot what it really wanted to protect. Simple, it is the other way around, instead of “burritos” determine what the parties define as sandwich and see if “burritos” fall in that definition. Cuz that hotdog-is-a-taco notion is some bull. I have provided this handy chart for reference purposes. I swear I heard something about a court case in Massachusetts that had to answer this very question. In the end, I must approach the question practically. ** Bread may be made of corn instead of grain if corn is merely substituted for grain using a grain-based dough receipe. No criminal charges were brought against the perpetrators of this whoop-assin' as the state has recognized that said beatdown was for the good of society. or redistributed. *** In this particular case, the word is “sandwich.”. More thought had to be put into it from Panera’s side. “Is a hot dog a sandwich?” he asked the long serving Justice Ginsburg in a one-on-one interview. It found that the term “sandwiches” was not ambiguous. All rights reserved. “I was told not to ask her about any pending cases before the court, but I just had to ask her about one of the most divisive issues facing our country,” Stephen Colbert quipped, but he evidently couldn’t resist. Market data provided by Factset. Certain unscrupulous individuals that I am aquatinted with have recently asserted that in some jurisdictions (namely New York) Burritos are Sandwiches. *** For those who missed it, Judge Posner takes issue with reliance on the dictionary to find “original meaning.”, Ira, a very thoughtful piece. According to that definition, PB&J isn't a sandwich. But a look into the actual text of the sandwich … In contrast, “Far East” referred to the countries of East Asia (e.g. Whether a taco is a sandwich has no one right answer.