Quiznos: TSFA Board Members Score Victory
Update: Response from Parties, Judge Kane Issues Order in Favor of Franchisees
DENVER, Colo. (Blue MauMau) - Senior US Judge John L. Kane signed an Order on Motion for Preliminary Injunction today that ruled against Quiznos and for board members of the Toasted Subs Franchisee Association (TSFA) for posting a suicide note (pdf) of a Quiznos franchisee. The judge states, "I find Plaintiffs will each suffer irreparable injury unless they are permitted to continue operating under the terms of their respective Franchise Agreements until a trial on the merits of their wrongful termination claims can be had. I further find that the threatened injury to Plaintiffs in the absence of such an injunction outweighs whatever harm the proposed injunction may cause Quiznos and I reject any contention that injunction, if issued, is adverse to the public interest."
Judge Kane further states, "I find and conclude that each of the Plaintiff groups is substantially likely to succeed on the merits of their claims that Quiznos' actions in terminating their franchises in retaliation for the TSFA's posting of the Baber suicide letter, without any investigation into Plaintiffs' actions or role in that posting, breached the terms of their Franchise Agreement."
Update: Response from Parties
TSFA's attorney Justin Klein of Marks & Klein commented, "I am happy with the decision. Beyond that I have no other comment."
Although Quiznos did not wish to make a comment by telephone, it did issue a statement late last evening: "We respect the court's decision, but disagree with the conclusion that we cannot terminate Bray until the trial. Naturally, we will consider all of our options, including appealing the order or just removing Bray through the trial process. Our first priority is to protect the Quiznos brand for the benefit of all of our franchise owners and employees. Many of our franchise owners have told us that they are very upset with Bray's tactics to harm the brand and their livelihoods and have asked that we protect them. They appreciate that we are willing to protect them from Bray. We intend to do so to the full extent allowed by law."
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