Judge Declares Mistrial at Dunkin' Donuts Franchisee Trial
Two days into the jury trial of former franchisee Irwin Barkan, federal Judge Ronald R. Lagueux declared a mistrial. “I think this jury is thoroughly infected,” he was quoted saying on Saturday. “One juror clearly expressed an opinion about who should win the case.”
The lawsuit stems from 2005, three years after Barkan bought the rights to run Dunkin’ Donuts coffee shops in downtown Providence, the report states. After the parties argued over franchise fees, loan payments and rent bills, Dunkin’ tried to collect $2 million from him and attempted to revoke his operating permits.
The Providence Journal reporter explained:
The case landed in U.S. District Court for a time before making a stop in US Bankruptcy Court, where three Rhode Islanders ended up with Barkan’s stores after a contentious process that saw one sale nullified by a judge amid allegations of bid rigging.
The nine-member jury heard opening statements and testimony on the first day of trial last Thursday. But the judge ended the hearing after Barkan was 20 minutes into his testimony.
Sometime between then and the time the trial was to resume Friday afternoon, Barkan’s lawyers got wind that the jurors had talked about the case and that at least one had read a newspaper article about the first day’s proceedings.
They asked for a mistrial.
Judge Lagueux and lawyers for both sides interviewed three jurors in the judge’s chambers before he ruled on the motion. One of Barkan’s attorneys said that it became apparent that one of the jurors had already made up his mind.
Although Dunkin’ attorney Arthur Pressman objected to Barkan’s motion for a retrial, the judge granted it, saying,
This is a good time for a mistrial because it’s early and we haven’t wasted a lot of time.
He partly blamed himself, stating that he forgot to tell the jurors not to read newspaper articles during the trial.
Providence Journal Articles:
- Judge declares mistrial in suit against Dunkin' Donuts
- Trial opens in suit over Dunkin' Donuts shops
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Related Reading:
- Franchisee Gets Trial Date, Scoffs at Dunkin' Donuts Settlement Offers
- Judge Clears Jury Trial for Dunkin' Franchisee
- Franchisee Awaits Jury Trial after Four-Year Battle with Dunkin' Donuts
