Harvard Prof Who Threatened To Sue Chinese Restaurant May Be Wrong

--FILE--View of slices of roast duck with condiments at a restaurant in Hong Kong, China, 5 December 2013. Chinese food– or at least some portion of it – may be soon joining the likes of kimchi and Mediterranean... --FILE--View of slices of roast duck with condiments at a restaurant in Hong Kong, China, 5 December 2013. Chinese food– or at least some portion of it – may be soon joining the likes of kimchi and Mediterranean food on Unesco’s list of intangible cultural heritage items. The Chinese Cuisine Association, which tried to get Chinese cuisine on the list in 2011 when it proposed more than 30 foods and food-preparation techniques, is making another go at getting Chinese food on the organization’s list. But this time, they’re making a more targeted recommendation. Which Chinese foods should make the Unesco list? Opinions are nearly as diverse as Chinese cuisine itself. Judith Farquhar, author of “Appetites: Food and Sex in Post-Socialist China,” says she’d go for dumplings. Qu Hao, a Chinese chef who won the China Golden Chef Award given by The Chinese Cuisine Association, recommends braised sea cucumber with leeks because it “enjoys a long history,” he says Shi Xiusong, chef and general manager of Da Dong Roast Duck restaurant, recommends his restaurant’s specialty dish as a combination of inheritance and innovation with a storied history. Meanwhile, Shu Qiao, editor of the Chinese Epicure magazine and an author of several books about food, recommends fermented tofu and Shaoxing wine. MORE LESS

December 10, 2014 4:30 p.m.

Start your day with TPM.

The Harvard Business School professor who threatened to sue a Chinese restaurant over an outdated online menu may have improperly cited Massachusetts law in doing so.

Ben Edelman claims that the Sichuan Garden in Brookline overcharged him by $4 — each item Edelman purchased cost $1 more than the online menu advertised.

When contacted, Sichuan Garden employee Ran Duan apologized and explained that the online menu was out of date.

Edelman was not happy, and a heated argument ensued in which the professor cited Massachusetts consumer protection statute and demanded a refund of three times the amount of the overcharge. You can read the full email exchange at Boston.com.

Slate highlighted a blog post by Georgetown University law professor Adam Levitin that reveals a hole in Edelman’s argument.

Edelman refers to “treble damages,” in which a consumer would be awarded three times the damages in consumer cases in which the defendant misbehaves, according to Slate’s Jordan Weissmann.

But according to Levitin, Edelman is improperly citing the law and would likely not be able to win treble damages in court.

A person can win double or treble damages “if the court finds that the use or employment of the act or practice was a willful or knowing violation” or if the defendant refused “in bad faith” to reimburse the consumer. Read Levitin’s full explanation here.

And Sichuan Garden told Boston.com that they’ve received a ton of support from people all over the country, as well as from Harvard students and graduates.

“We have been overwhelmed with the response and support that has flooded our way. It means the world to know that there are still good people in this world,” Duan said in a statement. “We have been offered donations, free services, including website services and legal advice, which I kindly denied.”

Start your day with TPM.

Have a tip? Send it Here!