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Log In / Register | Mar 19, 2010

Investigative News

CFO Charged with Stealing $429K from Dunkin’ Franchise

Member | BMM Staff | Mar 8 | food, legal

LONG ISLAND, N.Y. – The former chief financial officer of a Dunkin' Donuts master franchise has been charged with stealing nearly a half-million dollars from it, according to an announcement today by Kathleen Rice of the Nassau County district attorney's office.

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Burger King Lets Franchisees Have it Their Way on Soda Rebates

Member | Janet Sparks | Mar 5 | legal

ATLANTA – The National Franchisee Association, representing over 90 percent of all Burger King franchisees in the US, has settled two class action lawsuits with franchisor Burger King Corp. (NYSE: BKC) and its two soft drink distributors, Coca Cola and Dr Pepper.

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Judge Grants Summary Judgment to Super 8 Franchisees

Member | Janet Sparks | Feb 19 | legal, hotel
 

SOUIX FALLS, S.D. Federal Judge Lawrence L. Piersol signed on Tuesday an order granting and yet denying in part the motion for summary judgment filed on behalf of 160 franchisees, and denying Super 8 Motels’ motion for summary judgment entirely.

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Judge Rules Super 8 Breached Contract

Member | Janet Sparks | Feb 8 | legal

SOUIX FALLS, SD – Last Wednesday District Judge Lawrence L. Piersol ruled that Wyndham Worldwide, parent to Super 8 Motels, Inc., breached its contract with 160 franchisees when it set an unauthorized mandatory fee of five percent on gross room sales in 2003.

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Quiznos Settlement Deadline Nears

Member | Janet Sparks | Jan 28 | food, legal
 Quiznos Landmark Store in Downtown Denver
Quiznos landmark store in downtown Denver, photo/sparks

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Judge Affirms $16M to Alaska Avis Franchisee

Member | Janet Sparks | Jan 26 | legal

ANCHORAGE – Last Thursday, US District Judge Timothy M. Burgess issued an order for Avis Budget Car Rental LLC to pay Alaska Rent A Car $16 million in damages, following a jury verdict last October.

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Terminated Auto Dealers Slap GM Canada and Attorneys with Class Action

Member | Janet Sparks | Jan 22 | legal

TORONTO - 215 General Motors auto dealers in Canada filed a $750 million class action lawsuit yesterday in Ontario's Superior Court of Justice. The dealers were terminated as a result of last year’s auto bailout program.

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Judge Rules Against Dunkin' Donuts Franchisee in Jury Trial

Member | Janet Sparks | Jan 22 | legal
Dunkin' Shop, Providence RI
Dunkin' Donuts Shop in Providence, R.I. Photo: BMM
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DLA Piper Picks Top 9 Franchisor Lawsuits of '09

Member | Janet Sparks | Jan 21 | legal
Courts affirm that franchisors need to disclose if officer felonies, even if it was stealing traffic cones as a prank
Coffee Beanery leader lands it in trouble by stealing cones, photo/iboydaniel
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Franchisees Sue KFC to Retain U.S. Marketing Control

Member | Janet Sparks | Jan 13 | food, legal
A Kentucky Grilled Chicken poster outside a central Kentucky KFC
KFC franchise prominently displays a grilled chicken poster. photo/bmm

WILMINGTON, Delaware – The KFC National Council and Advertising Cooperative, Inc. (NCAC) filed a lawsuit last week against the world’s most popular fried chicken chain after KFC's corporate office made a number of marketing blunders in promoting a new product, Kentucky Grilled Chicken, without authorization.

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Headlines from the 'Net

Ormond Sings ‘I Did It My Way’

Member | Ray Borradale | Mar 17 | legal

For every franchisee in Australia that has ever taken a complaint to the ACCC, the Refund Home Loans outcome is reinforcement of Australia's strange franchising standards.

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Blimpie Class Action Suit Is No Joke

Member | Lionel Hutz PA | Mar 16 | food, legal

Consumers Ronald Williams and Jennifer Clayton claim to have suffered nearly $75K in damages for not being able to eat a truly double portioned Blimpie sandwich as advertised.

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Supreme Court Rules against Shell Oil Franchisees

Reporter | Janet Sparks | Mar 3 | legal

Supreme Court Justice Samuel Alito ruled Tuesday that Shell Oil dealers in Massachusetts cannot sue their franchisor under the Petroleum Marketing Practices Act, which restricts franchisors from terminating gas station franchise agreements.

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Gripe Site Prevails in Court

Member | Dave Tanaka | Mar 3 | legal

A U.S. district court judge has ruled that the First Amendment of the U.S. Constitution still protects the people's right to free speech in the case of an online gripe site and the company that was its object.

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Franchising Code Changes Finalised

Member | Ray Borradale | Mar 3 | legal

MP Craig EmersonCANBERRA: The Minister for Small Business in Australia has released an outline of changes to the Franchising Code of Conduct.  Franchisees will be denied reviewing the detailed amendments until they are published by the ACCC. 

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The Commonwealth Ombudsman, the ACCC and Bakers Delight

Member | Ray Borradale | Feb 22 | legal

In Australia the Commonwealth Ombudsman investigates complaints relating to alleged non-performance of government agencies.  In this instance the Ombudsman has received a complaint that the ACCC’s investigation into Bakers Delight [COBS in North America] was ‘flawed and lacked procedural fairness’.

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Franchise Reform Delay

Member | Boudica | Feb 17 | legal

The much anticipated reforms to Australian franchise regulation look likely to be delayed until after the next election.

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SCOTUS Grants Certiorari in Consumer Arbitration Cases

Member | Corbin Williston | Feb 4 | legal

The U.S. Supreme Court will hear two cases regarding the power of an arbitrator to determine his own jurisdiction.

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WATCH: Legal Expert Says Toyota Hurt Badly, Will One Day Rebound

Member | Lionel Hutz PA | Feb 4 | legal, retail

The Toyota car recall is the biggest public relations and legal nightmare since the 1982 killer Tylenol capsules that were anomymously laced with cyanide.

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Kentucky Strip Search May End in Law Degree

Member | Lionel Hutz PA | Jan 31 | food, legal

A McDonald’s employee in Kentucky was awarded in November over $5 million for a telephone prank in which she was ordered to be strip searched.

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Expert Advice

Best Oneline Response

Gossip | Oscar P Hoot | Mar 16 | legal, franchising
Oscar P Hoot's picture

Here is one of the best oneliners that this auditorily gifted owl has heard in some time. Asks one franchisor attorney to his cohorts today on a legal email listing service:

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Changes to the Franchising Code Overview

Member | Ray Borradale | Mar 16 | legal
Ray Borradale's picture

To date the Small Business Minister of Australia has not unveiled or given an indication of when changes to the Franchising Code of Conduct will be released or implemented.

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Ornamental Franchise Law and Regulation in Australia

Member | Ray Borradale | Mar 12 | legal
Ray Borradale's picture

In Australia the name Tony Fitzgerald is synonymous with both corruption and absolute ethical standards.

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