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Old 11-15-2006, 12:09 AM   #1
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Default Burrito not a sandwich, US judge rules

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http://www.news.com.au/story/0,23599...-38198,00.html

A US judge in the state of Massachusetts has settled a legal food fight by ruling that a burrito is not a sandwich.

Panera Bread, a chain of bakery-cafe restaurants, had been trying to keep a competitor, Qdoba Mexican Grill, from opening a new restaurant in a shopping mall where Panera was already doing business.

In a lawsuit filed earlier this year, Panera cited an exclusivity clause in its lease agreement that prevented the shopping mall from renting space to any restaurant or bakery that derived more than 10 per cent of its sales from sandwiches.

The shopping mall's owner, White City Shopping Centre, countered that Qdoba wasn't in the business of selling sandwiches but rather burritos, tacos, nachos and enchiladas.

In deciding the case, Superior Court Judge Jeffrey Locke found the meat of his ruling in the dictionary definition of the word "sandwich".

Judge Locke said the New Webster Third International Dictionary's definition of sandwich - "two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savoury mixture) spread between them'' - indicated there was no reason to keep White City from renting to Qdoba.

"Under this definition and as dictated by common sense, this court finds that the term '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,'' the judge said in an eight-page ruling.

Neither Panera nor Qdoba's corporate parent, Jack in the Box Inc, responded to requests seeking comment.
Does this change much?
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Old 11-15-2006, 02:57 AM   #2
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This is the first I'd heard of this and I wouldn't wanna get involved anyway, but I think we can all now heave a collective sigh of relief. *wipes sweat from brow*
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Old 11-15-2006, 06:25 AM   #3
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Default

LOL I read this the other day. As a stockholder in Panera (gotta love food stocks!) I am up on most of their news.

This cracked me up
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Old 11-15-2006, 10:36 AM   #4
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And ya know... the tomato is a vegetable not a fruit just because a judge said so!
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Old 11-15-2006, 10:39 AM   #5
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Unrelated, kind of, but when I die I hope that heaven is Panera.
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Old 11-15-2006, 11:14 AM   #6
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Quote:
Originally Posted by SoVerySoft
LOL I read this the other day. As a stockholder in Panera (gotta love food stocks!) I am up on most of their news.

This cracked me up
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See what you can do about getting a Panera in Utah. I miss 'em!!
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Old 11-15-2006, 01:31 PM   #7
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i hope someday they open a panera in my town. I saw my first one in California when i visited the inlaws in the SF bay area. Sort of a silly lawsuite in my opinion.
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Old 11-15-2006, 08:52 PM   #8
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Default

Quote:
Originally Posted by Cat
SVS,
See what you can do about getting a Panera in Utah. I miss 'em!!

um...I think I have 25 shares. I don't think I have much leverage!!

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Old 11-15-2006, 09:04 PM   #9
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Why they gotta treat the delicious burrito like a second-class citizen?

Waaa...

But, seriously, Qdoba blows. Don't bother. Over priced, and not that great. Go to a local, greasy-spoon-of-a-mexican-joint.

Or, go to Southwest Burrito in New Brunswick, NJ...Not Canada.
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Old 11-15-2006, 09:11 PM   #10
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I went to this mall nearly every day for lunch when I worked in Worcester, and have been in that very Panera. Not really my bag, but what a blast from the past. But there are a whole bunch of lunch places around there, so what difference does it make if no other business in that particular mall can serve sandwiches? Half a block either way and you've got a whole bunch of choices.

People are stupid. Once again, this is not news.
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Old 11-15-2006, 10:05 PM   #11
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Burritos aren't sandwiches?

And all this time I've been saying that I've gone to the Mexican restaurant to grab a sandwich. Who would've ever thought?
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