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November 12, 2009 | Taste: Dayton food and restaurants
 

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Thursday, November 12, 2009

Lawsuit over Denny’s sodium levels thrown out

The lawsuit that we told you about back in July in which a New Jersey man backed by the Center for Science in the Public Interest (CSPI) filed a class-action lawsuit against Denny’s to try to force the restaurant chain to disclose the amount of sodium in its menu items has been thrown out of court, according to this story from Nation’s Restaurant News.

The NRN story says a judge dismissed the complaint because the plaintiff, Nick DeBenedetto, could not prove injury under New Jersey’s personal liability and consumer protection laws, but the litigation director for the CSPI and an attorney for DeBenedetto, said they planned to amend the lawsuit and appeal the judge’s decision.

So it appears we haven’t heard the last of the “salt suit.”

The Taste post back in July generated quite a robust response from readers.

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Max & Erma’s closes Miami Twp. restaurant

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The Max & Erma’s restaurant at 8901 Kingsridge Drive behind the Dayton Mall in Miami Twp. has closed.

Printed signs on the restaurant door thank customers for their patronage and direct them to the three remaining free-standing Max & Erma’s locations in the Dayton area, in Springboro, Beavercreek and on Miller Lane in Butler Twp. There is also a Max & Erma’s inside the Dayton International Airport.

Messages left with officials at Columbus-based Max & Erma’s were not immediately returned. Miami Twp. officials said they believe the restaurant closed late last week.

The casual dining chain filed for Chapter 11 bankruptcy protection from its creditors just a few weeks ago listing between $1 million and $10 million in debts, according to the Associated Press. Click here for more on the bankruptcy filing from The (Columbus) Dispatch.

Max & Erma’s has about 79 company-owned restaurants and 27 owned by franchisees, according to the AP story at the time of the bankruptcy filing. Most are in Ohio, Pennsylvania and Michigan.

The Max & Erma’s signage attached to the Kingsridge restaurant’s building has been removed, and the lettering on the free-standing signs has been spray-painted over.

Greg Rogers, assistant Miami Twp. administrator, said today, Nov. 12 that township officials received no warning about the closing. The restaurant is close to a Fuddrucker’s restaurant that closed earlier this year and is still vacant.

“We think those two restaurants ran into economy issues,” Rogers said, noting the Max & Erma’s bankruptcy filing. “We expect other development to occur in that area.”

The township has made street improvements to part of Kingsridge Drive, which runs from Ohio 725 to Ohio 741 behind the Dayton Mal, and has plans to complete the project, which includes lighting, sidewalk and street improvements, Rogers said.

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