Projo 7 to 7 News Blog

PROVIDENCE -- Legal heat over rice -- boiled or steamed, white basmati or brown basmati -- between two Providence Place mall food court restaurants has resulted in a split decision from the Rhode Island Supreme Court.

In 2006, a Superior Court judge ruled that Cathay Cathay, a Chinese restaurant, had exclusive right in the mall to sell white rice and some dozen other Chinese-type foods and that a lease barred other restaurants from selling food "substantial similar in content or form."

The lower court also dropped another food court eatery, Gourmet India, as a defendant because its basmati rice looked and smelled substantially different.

But Cathay Cathay appealed to the state's highest court.

In a ruling today, the Supreme Court upheld that the use of basmati rice at Gourmet India is excluded from the ban on the sale of "white rice or fried rice." Cathay Cathay "would not be entitled to an injunction against Gourmet India preventing it from selling basmati rice."

However, the high court disagreed with the Superior Court judge's wording regarding a legal concept known as tortious interference.

The justices instructed the Superior Court to have a new trial on Cathay Cathay's assertion that Gourmet India tortiously interfered with Cathay Cathay's leases by, according to the high court opinion, "knowingly contracting to sell white rice in violation of plaintiffs' exclusive right to sell certain food items."

-- projo.com staff writer Michael P. McKinney

 Tags  Providence Place mall Rhode Island Supreme Court rice rice wars

Comments

Ed said:

You have got to be kidding. The Gov wants to cut funding to schools and hospitals and these idiots are suing over Rice. The Station Fire payment is being delayed and the courts are deciding on Rice. Something is wrong when the courts are wasting time and money over such foolishness. I think we all need to get our priorities straight.

Link | January 9, 2009 1:47 PM
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CWA said:

This is STUPID. I'll never eat at Cathay Cathay again. The really sad thing? White rice isn't available on their menu as a seperate item. It's AN INGREDIENT in their dishes. The fact that the court system in this state is even listening to this absurd case is an example of how screwed up this state is.

Link | January 9, 2009 2:05 PM
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