Showing posts with label recipe. Show all posts
Showing posts with label recipe. Show all posts

Tuesday, September 22, 2026

Tort, torte, 'Torteweizen' all please palates

RJ Peltz-Steele CC0 1.0 (no claim to product art)
"Torteweizen"?

Of course I had to try it. The "salted watermelon" creation of Moniker Brewing in Providence, R.I., near where I live, is a self-described "Berliner-Weisse-style" sour wheat (Hopgrail).

The label indicated strawberry flavoring, besides watermelon, with hints of salt and jalapeño. The strawberry flavoring came on stronger to me, hardly watermelon at all, and that was unexpected. But when I became accustomed to it, I liked it.

I don't think sour counts as savory, and the beer conjures torte, not tort, so the beer won't replace this page's banner. Still, it's just the thing to quench the thirst after a hard day at court.

Speaking of torte, "the plum torte" at The New York Times is the paper's "most requested recipe," favored across decades since its first 1983 publication and recently republished as "remixed." I've never made the Times plum torte, but we did just purchase to try the Canadian-made Trader Joe's plum torte ("limited time") before tariffs and seasons take their toll and it disappears into a pumpkin-spice sea.

And speaking of tort, it occurs to me that I have never quite shared here my textbook treatment of that word. From 1 Tortz (2025 ed.) ch. 1(D), pp. 5-6, here is an excerpt:

The origin of the word “tort” is hazy.  It probably comes from the Latin torquere, which meant principally to turn, twist, or wind.  The term was extended metaphorically in Medieval Latin to signify a “distortion” of justice, and then made its way to English via Old French.  The same Latin root gives us the related words torment and torture, signifying the infliction of injury.

The word torte, meaning an egg-rich cake, is unrelated.  Torte comes from Latin torta, for a kind of cake or bread, and yielded similar words in Germanic and Romance languages.  Torte is related to today’s tortilla and, probably, tart.

The adjective for a tort is tortious, meaning wrongful, or constituting a tort.  The word has been in use since Middle English, yet, to the great annoyance of a generation of law students, was excluded from spell-check software for decades and even designated for autocorrection to tortuous.  Tortuous conduct might indeed be tortious, but the words are not interchangeable.

There is no verb to describe the effectuation of a tort.  Informally, we may speak of committing a tort.  Formally, though, we prefer to reserve the term commit for the effectuation of a crime, rather than a civil wrong.  A person who “commits” a tort is a tortfeasor, the suffix -feasor also derived from Latin, facere, to do or make, via the French faire.  While a criminal defendant is found guilty, a tortfeasor is held responsible or liable.  Because a tort is a civil wrong and may result from an accident just as well as intentionality, the concept of guilt is implicated neither legally nor morally, as a general matter.

Cheers. 

Wednesday, July 6, 2022

Belgian-waffle makers battle over whose doughy goodness won pride of place on Oprah's list

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Two Massachusetts business are embroiled in a mouth-watering lawsuit over waffles and Oprah.

Oprah's 2021 "favorite things" featured "Eastern Standard Provisions Gourmet Liège Belgian Waffle Gift Box." Yum.

Eastern Standard Provisions is based in Waltham, Mass., and lists its "Classic Liège Belgian Waffles" for sale online. Here's the pitch:

Our artisanal Classic Liège Belgian Waffles are crafted with real butter and pearl sugar imported from Belgium for a light, sweet crunch. Our Classic Liège Belgian Waffles are different than other waffles you may be used to. Most waffles are made with batter, but our Classic Liège Belgian Waffles are made from dough delivering a soft, brioche-like texture and a one-of-a-kind waffle experience.

This is not Eastern Standard's Oprah debut. Its "artisanal soft pretzels" made the grade in 2019.

But wait. Based in Attleboro, Mass., the Burgundian gourmet street-food brassiere claims in a lawsuit (via WCVB) that Oprah picked Burgundian waffles for the list, because Eastern Standard ripped off the Burgundian recipe it had learned under a non-disclosure agreement when the two explored a co-branding venture.

According to the lawsuit, Burgundian founder Shane Matlock learned how to make the Liège waffles while serving in the U.S. Army, when, for three of 15 years, he was stationed on the France-Belgium border, and, the Burgundian website says, he premiered the waffles in Providence, Rhode Island (my home state, near Attleboro) in 2017.

All I know for sure is that I now have a craving for waffles.

The case is The Burgundian LLC v. Hawthorne Food Co. (Mass. Super. Ct. Suffolk Dep't Bus. Litig. Sess. filed Feb. 3, 2022).  The plaintiff alleges, inter alia, breach of contract, violation of state trade secret law, passing off, false advertising, and unfair trade practices.