Grammar Gaffe: How Did One Missing Comma in a Legal Document Cost a Company Millions?

We’ve all been told that grammar matters, but we often dismiss a misplaced comma as a minor mistake. In everyday emails or texts, it rarely causes a problem. But what if that tiny punctuation mark was the deciding factor in a multi-million-dollar legal dispute? This isn't a hypothetical question. For one company, the absence of a single comma created a costly legal ambiguity that serves as a powerful lesson for us all. This post will delve into the fascinating case of O'Connor v. Oakhurst Dairy, exploring exactly how one of the most debated punctuation marks in the English language—the Oxford comma—led to a $5 million settlement.

The Case of the Missing Comma: O'Connor v. Oakhurst Dairy

The story begins in Maine with a group of delivery drivers for a dairy company called Oakhurst Dairy. The drivers filed a lawsuit arguing they were owed years of unpaid overtime wages. The company, however, believed the drivers were exempt from overtime pay under state law. The entire dispute hinged on the interpretation of a single sentence in Maine's legislation.

The law stated that the state’s overtime protections did not apply to employees involved in:

"The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of..."

• Agricultural produce;
• Meat and fish products; and
• Perishable foods.

The drivers argued that they performed distribution, but not packing. The company’s defense was that both activities—packing and distribution—were exempt. The core of the legal battle rested on the final phrase: "packing for shipment or distribution of."

The Devil in the Details: An Oxford Comma Dispute

The crucial issue was the lack of a serial comma, also known as an Oxford comma, after the word "shipment." The serial comma is the final comma in a list of three or more items (e.g., "red, white, and blue"). Its purpose is to resolve ambiguity.

Here’s how the ambiguity played out in this case:

• The Company's Argument: Oakhurst Dairy claimed the phrase "packing for shipment or distribution" referred to two separate, exempt activities: 1) the act of packing for shipment, and 2) the act of distribution.
• The Drivers' Argument: The drivers contended that without a comma, the phrase described a single, compound activity: "packing for shipment or distribution." Since they only distributed the goods but did not pack them, they argued the exemption did not apply to their work.

Essentially, did the law exempt the act of "distribution," or did it only exempt the act of "packing"? The absence of that tiny comma made both interpretations plausible.

The Court's Ruling and the Million-Dollar Payout

The case eventually reached the First Circuit Court of Appeals in 2017. In a victory for the drivers, the court ruled that the sentence was grammatically ambiguous. The judges pointed out that in legal writing, when a law is unclear, it should be interpreted in a way that benefits the employee over the employer. The court stated, "For want of a comma, we have this case."

Because the Maine legislative drafting manual actually advises against using the Oxford comma, the ambiguity was seen as a direct result of that stylistic guide. Had a comma been placed after "shipment," it would have clearly separated "packing for shipment" from "distribution," likely supporting the company's case. Without it, the drivers' interpretation that it referred to a single activity was deemed valid.

This ruling left Oakhurst Dairy liable for the overtime pay. In 2018, the company chose to settle the case rather than continue the legal fight, agreeing to pay the drivers $5 million.

Conclusion

The O'Connor v. Oakhurst Dairy case is a stark and memorable reminder that in the world of law, contracts, and business, every detail matters. A seemingly trivial punctuation choice directly led to a multi-million-dollar financial consequence. This outcome underscores the critical importance of clarity and precision in any formal writing. It proves that proper grammar isn't just an academic exercise; it's a vital tool for risk management. The next time you're drafting an important document, remember the million-dollar comma and the lesson it teaches: when clarity is on the line, leave no room for interpretation.