Meat Industry INSIGHTS Newsletter

970741 Supreme Court Throws Out Bad Steak "Goofy" Lawsuit

June 23, 1997 -- A legal battle over a restaurant steak won't be meat for a Supreme Court ruling. The justices today threw out the case, which a federal appeals court called a "goofy lawsuit."

The court, without comment, let stand rulings that dismissed David Schlessinger's lawsuit against a Geneva, Wis., restaurant, its chef, a Geneva police officer and several of the town's officials.

Schlessinger and two friends dined at Anthony's Steakhouse on Jan 8, 1994. He didn't like how his steak was prepared, and an argument with the restaurant owner ensued.

When the restaurant owner threatened to call police, accusing Schlessinger of disturbing other patrons, Schlessinger himself called police on his cellular telephone.

Police officer George Salimes arrived and told Schlessinger he would be arrested if he did not pay for his uneaten meal and leave. He paid and left, but apparently did not forget.

"Most people dissatisfied with a restaurant's service or cuisine would tell their friends not to go, resolve not to return themselves, and perhaps write a letter to the editor or the local newspaper or the Better Business Bureau," the 7th U.S. Circuit Court of Appeals wrote about Schlessinger's case last November.

"But having played the wise guy in calling the police, Schlessinger encored that performance by filing this suit against ... everyone ... in or out of sight -- including the town of Geneva, the town board and its members and the town's police department and ... chief of police," the appeals court said.

"This goofy lawsuit deservedly met an abrupt end in the district court. Frivolous at the outset, and likely maliciously retaliatory as well, the case has deteriorated on appeal," the 7th Circuit court said before ordering Schlessinger and his appellate lawyer to pay $18,000 in lawyer fees incurred by some of the folks Schlessinger sued.

Schlessinger, a Chicago resident, then turned to the Supreme Court for help. His appeal contended, among other things, that the appeals court ruling violated his due-process rights.

The people Schlessinger sued asked the justices to reject his appeal -- and order him to pay the lawyer bills they incurred by having to respond to it.

The court rejected Schlessinger's appeal, but did not impose any sanction.

The case is Schlessinger vs. Salimes, 96-1688.

This Article Compliments of...

Press Here for FREE Subscription

Meat Industry Insights News Service
P.O. Box 553
Northport, NY 11768
Phone: 631-757-4010
Fax: 631-757-4060
E-mail: sflanagan@sprintmail.com
Web Site: http://www.spcnetwork.com/mii