Such was the case with the frog in the El Torito burrito, and with most of the discrimination charges against Denny's.
I did crisis management on one such case myself involving allegations of racial discrimination by a drive-thru clerk at El Pollo Loco. This bright couple thought their lawsuit would by a slam-dunk bread-winner since the alleged incident occurred within a week of Denny's big payout in its racial discrimination cases -- and Denny's and El Pollo Loco were under common ownership at the time.
The bozos made one mistake: They alleged the drive-thru clerk said something derrogatory about mixed-race couples (which they were) when they placed their order -- but there was no camera on the drive-thru line. So how would he have known to discriminate?
burritos and a racial slur, please.
The case disappeared in a hurry. I imagine our attorneys, who had had it up to here with racial discrimination cases, pointed out the camera thing, and that was all it took.