Canadian Attorneys Say Quiznos' Counsel Mistaken in Remarks

TORONTO (Blue MauMau) - After publishing an article regarding Judge William Griesbach's decision in the U.S. District Court of Wisconsin on April 17, stating he had granted the franchisees' motion to amend, Blue MauMau received a reaction from our neighboring attorneys in Canada who represent franchisees in a class action against Quiznos. In an email, David Sterns, Sotos LLP, took issue with the response made by Quiznos' chief counsel. He wrote, "In your recent article on the reversal of the Wisconsin Quiznos decision, you quoted Rich Emmett, Chief Legal Officer of Quiznos, as saying, 'This is not a decision on the merits.  We remain confident, just as in Canada, when the Court views the facts in addition to the pleadings, it will conclude that Quiznos acted appropriately and that the claims brought against us lack any merit."

Sterns said that Mr. Emmett is clearly mistaken in stating that a Canadian court has determined either that Quiznos acted appropriately or that the claims against it lack merit. He explains, "The decision in the Canadian action was on a motion to certify the action as a class proceeding.  The judge hearing the motion determined that the claims against Quiznos and its distributor, Gordon Food Services, were validly pleaded but that because each individual franchisee allegedly suffered individual damages, the case did not lend itself to certification as a class action." The Sotos attorneys believe that the decision is wrong in this respect and state that they are confident that it will be reversed on appeal.  Sterns adds, "Nevertheless, the judge allowed the case to proceed by the individual franchisees against Quiznos and GFS in respect of all allegations including antitrust violations, breach of contract and civil conspiracy.  There was no finding that Quiznos "acted appropriately" and certainly no finding that the case lacked merit.  In fact, the judge expressed regret at having come to his decision to deny certification."

Blue MauMau contacted Mr. Emmett through Quiznos' public relations firm on April 22, asking him to respond to Stern’s allegations. Although they confirmed receiving our email, they have not responded.

Related articles:

• Wisconsin Court Reverses Quiznos Judgment, Franchisees Claims Granted 
• Quiznos Operators File Class Action in Wisconsin State Court
• Judge Dismisses Federal Lawsuit against Quiznos