Lately, it seems like Dupont Circle has been overrun with trendy burger places: BGR, the Burger Joint; Rogue States: A Burger Grilling Company; and (soon) BLT Burger. When I’m hankering for a burger in my neighborhood, I’ll often head to traditional favorite Five Guys. But if I’m in the mood for a fancy-pants burger, my pick is Rogue States, which has late night hours, tasty brews, and awesome fries (which include some very addictive flavored mayo).
My favorite trendy burger now faces a new foe: powerful D.C. law firm Steptoe and Johnson. Apparently, Steptoe is getting a little too much delicious flavor from Rogue States, in the form of fumes overrunning its offices. BLT: The Blog of Legal Times (unrelated, of course, to BLT Burger) explains:
Steptoe & Johnson LLP is fighting with a high-end hamburger restaurant in a building near its Northwest Washington offices over whether fumes from the restaurant are causing health problems for the firm’s employees.
Steptoe and the owner of its office building have asked a D.C. Superior Court judge to issue an injunction barring Rogue States, a Burger Grilling Company, from continuing to emit smoke and odors. Judge John McAdam Mott is expected to make a ruling on that request this afternoon. The owner of the building where Rogue States is located was also sued.
In the firm’s complaint, which was filed on March 10 by Pillsbury Winthrop Shaw Pittman partner Deborah Baum, Steptoe contends that the exhaust system at Rogue States’ 1300 Connecticut Ave. N.W. location, which is near the firm’s 1330 Connecticut Ave. N.W. office, dumps smoke and fumes from the restaurant into the firm’s air-intake system. As a result, the complaint says, “Steptoe employees have reported health-related effects in connection with the smoke and food odors, including but not limited to headaches, nausea, dizziness, watery and itchy eyes, drowsiness and distraction.”
Drowsiness? I know I get sleepy after eating a big burger, but not after just smelling one.
Regardless, things are not looking good for Rogue States. At a hearing in D.C. Superior Court yesterday, Judge Mott declined to issue an injunction against the delicious-but-noxious-fume-generating activity going on at Rogue States. But he did say he would issue a later ruling that would likely end grilling operations if the parties cannot reach an agreement by August 10.
If this issue goes to trial, I would recommend Rogue States hire local
beef litigation specialist attorney Arthur C. Burger.
Update: A commenter at the ABA Journal provides a limerick for the occasion:
Odiferous fumes from defendant were oozing
and caused, said the plaintiff, our snoozing!
But having won an injunction
wondered head partner, at luncheon
Have we any other excuses for losing?
Edit, by Susan: Rogue States could also hire P. Hamburger, Esq..
Or maybe they should just go with the Hamburger Law Firm, they’ve got to be experts in this kind of litigation.