Will This Evolution Save The Meal Assembly Business?
It was reported in Convenience Store News that Dinner by Design, a meal assembly chain based in Grayslake, Ill., has unveiled a new package of convenience services that the company expects will change the easy meal prep industry.
Specifically, Dinner by Design’s new services include:
- Delivery services that allow people to preorder entrees and side dishes and have them delivered to their company, daycare, school or other organization. Based on a test marketing effort, the company already has more than 300 group delivery clients nationwide. Home delivery will be unveiled and tested in one location in mid-March.
- Pick Up meals for busy people who don’t have delivery service. Take & Bake entrees, desserts and side dishes are premade and can be picked up anytime during expanded business hours. Orders can be placed online, e-mailed, faxed or phoned in.
- Dinner Tonight selections geared for people who need something for dinner without defrosting time. This service helps meet the needs of nearly 37 percent of people who don’t think about dinner until just before preparing it, the company stated.
- Group delivery, Pick Up service and Take & Bake selections are already available and operating successfully at most locations nationwide. Dinner by Design has nearly 60 kitchens open, and agreements for another 40 locations in the U.S. and Canada.
“This is the wave of the future,” president and CEO John Matthews said in a company statement. “This new business model has been very attractive to existing and potential franchise owners alike. We anticipate that the new meal assembly model will mean added growth for Dinner by Design owners and operators.”
It may be a move in the right direction, though I am always concerned when a franchisor introduces a whole new program before the program has received proper testing. I think the move is indicative of the fact that the industry is failing to provide an ROI to franchisees, and is scrambling to come up with a new business model that can deliver profits.
The challenge with this approach is that it may require additional investments by the franchisees to implement. You wonder if that is just like putting more “good money, after bad money”.
Cross Posted at: Let's Talk Franchising
- Franchise topic:


Forbes Magazine published an article titled: “Taking On Restaurants And Grocers”, where it discusses the meal assembly business and some of the challenges the business is facing. The article talks mostly about the Dream Dinners franchise.
Read the article: http://www.forbes.com/entrepreneurs/2008/05/08/franchise-meal-assembly-ent-manage-competition08-cx_ml_0508mealassembly.html
One of the notable comments: “Quick growth does not equal profitability,” says Richard Rosen, a Manhattan-based franchise lawyer who closely follows the meal-assembly industry but does not represent any specific franchise. “This is a fad industry that grew way too fast.”
Jim Coen
877-469-3002
Blog: Lets Talk Franchising
Jim Coen is the Executive Director of the New England Franchise Association
Jim Coen
877-469-3002
Blog: Lets Talk Franchising
Executive Director of the New England Franchise Association
President, Dunkin Donuts Independent Franchise Owners (DDIFO, Inc.)
They should just rename it from "Dinners by Design" to "Dollars go Bye" and be done with the charade.
FuwaFuwaUsagiFuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
Jim writes: The challenge with this approach is that it may require additional investments by the franchisees to implement. You wonder if that is just like putting more “good money, after bad money”.
Jim, it is all about pot odds. The money in the pot is already lost. The only thing that matters is the rate of return of the new money, adjusted for risk.
Which is not to recommend this type of franchise - I don't even see this as a business for independents. Check out the forum at franchise pundit for a very thorough review of this industry.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Jim,
No.
Joel Libava
Franpro
Franchise Selection Specialists Inc.
Franchise consulting,brokering,marketing, and yapping from Cleveland, Ohio {The Rock and Roll Capital of The World!}
Franpro is:
Joel Libava, President
Franchise Selection Specialists Inc.
Cleveland, Ohio
Dee Gill writes in the New York Times today that in 2005, meal assembly shops were the hottest trend in small business. But not anymore.
Read the Whole Article
Jim Coen
877-469-3002
Blog: Lets Talk Franchising
Jim Coen is the Executive Director of the New England Franchise Association
Jim Coen
877-469-3002
Blog: Lets Talk Franchising
Executive Director of the New England Franchise Association
President, Dunkin Donuts Independent Franchise Owners (DDIFO, Inc.)
"The money in the pot is already lost."
The franchisees have already lost their money in a concept that doesn't work, who is to say that Dinner by Design's solution will work.
If the solution works then the investment maybe warranted.
If the solution is bogus then all the franchisees did was add to their "sunk cost", hence the "good money, after bad money" analogy.
I would suggest to all Dinner by Design franchisees, don't invest any money in improvements until the franchisor spends their own money to prove that the improvements are warranted.
Jim Coen
877-469-3002
Blog: Lets Talk Franchising
Jim Coen is the Executive Director of the New England Franchise Association
Jim Coen
877-469-3002
Blog: Lets Talk Franchising
Executive Director of the New England Franchise Association
President, Dunkin Donuts Independent Franchise Owners (DDIFO, Inc.)
This is now a road tested proven flop. The people who claim that they have some newwrinkle that folks ought to put more money into ought to be pur in the Cucui room with the key thrown away. The population of those with absolutely no compunctions about running fraudulent propositions by people who have no idea what is going on, but substantial access to money is just enormous.
This belongs on the MIGHTY SHYTEY roll call of scoundrels.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Please re-post using your real name next time and attach a spreadsheet showing the compiled full financials of your system's centers, your corporate financials, and any open/closed/resold for a loss statistics since inception. You can block out names, etc. to avoid any privacy concerns.
If you are not a Zor, then get the Zor's that you claim to represent step up and provide the readers with facts that support your claims.
Allow me help out all of those meal assembly franchisees out there who are negotiating for their survival. Fill in the blank with the word landlord, banker, mortgage rep, franchisor CFO or tax man.
"Mr. (blank), I've been told that "2007 didn't exactly light up the world with Meal Store success" so this is why I can't pay my bills right now. I'm being told that 2008 is going to be different...from the same people. With all of the positive signs in the economy and trends in favor of meal assembly, please trust me that you won't go further in the hole with me!"
"2007 didn't exactly light up the world with Meal Store success"?!? If that isn't the biggest understatement ever penned!
If your organization offers nothing of true value to your franchisees, you should be worried about losing them to someone who claims they provide value.
Coming on here and making conspiracy claims/poo-pooing others while hiding as a guest won't get you an ounce of respect. I challenge you to do as I suggest above.
Wow...Dan has a bright shiny pair.
I can respect that.
FuwaFuwaUsagi
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
And it seems to explain some of the earlier comments in this thread.
I'm not sure about the legality of such an idea.
?
MB
franchise, the issue with this idea is one of stupidity, not legality.
"Let's set up a co-op to support people who are going bankrupt in droves." HOW YOU GONNA GET PAID?
That's the real problem with this stupidity.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
The post from Lisa should be very troubling to her "attorneys".
Whatever steps a franchisee group wants to take in going independent, and whatever legal theories they have to support their contractual/statutory right, it does not make any sense to talk about them on a public forum.
Lisa, and her supporting vendors, have opened themselves up to an inducing breach of contract by calling on franchisees to break their contract with their franchisor.
Be smart and follow experienced attorney's advice on this one.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Thanks Michael and Richard.
For confirming my thoughts on the situation.
MB
Lisa; get some good guidance on your next moves. 'Nuff said.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Don't take it personally, Mr. Bowles, I'm easy to confuse...
Is your TriArc company the same company that recently represented the buyers of a large Arby's franchise network?
By your note and comments, I'm guessing that your background is conducting general business/turnaround consulting versus dealing with Zors, UFOC’s or franchise agreements.
I've been on both sides of franchising for close to two decades and I can safely say that franchise/licensing law is like no other area of law and the dynamics of franchise/franchisor turnarounds are nothing like turnarounds in other distribution models.
Rule #1 that I've learned (and they've been expensive lessons) is that you go with experienced counsel in this arena.
You seem to be a "good guy" who is earnestly trying to help. If you are truly trying to find a workable solution for these folks, I recommend interviewing and partnering up with one of the resident legal communicators found on these boards or found on one of the franchisee association lists. Check the attorneys who represented franchisees in the top 5 cases of 2007.
Heather, why don't you post your research, then. I think that it is highly unlikely that a franchisee counseling franchisees from other systems to break their franchise contract to join a new cooperative isn't liable for inducing breach of contract.
But I would be happy to see your research on this.
Oh, and by the way the University of Toronto Law School LLB does entitle me to a JD.
You might want to look it up.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
I am reminded of the well known adage, "know that the hell you are talking about before chastizing the resident Canuck." Generally, LLBs were the predecessor to JDs, as JDs are a relatively new legal concept (Yale only began offering JDs in 1971). If anything, Webster's LLB after his name suggests that he may be more experienced and sagacious than those of us with JDs following our names. Add his PhD, and it is not unreasonable to conclude that Webster is likely well marbled and chock full of flavor.
research that says anything other than that the franchisees win, I would certainly be surprised to see it.
There are numerous stumbling blocks in the way of any franchisor who tries to prevent joint franchisee conferences and other action to deal with perceived franchisor source risks and abuses.
Anyone can sue anyone for anything. That's why we need mood control medications. That statement about being sued does not inform anyone of the actual legal risks associated with joint franchisee action for self protection - OF WHICH THERE ARE NONE!
No provision in any agreement that purports to prohibit disparagement can be enforced to prevent joint franchiisee meeting, conferring and acting in their own best interests and their own defense.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
From his photo, Webster looks a tad on the skinny side. Old dry meat tends to be tough. Take me for example.
In the old days - and I was really there then - The JD was like a Cum Laude recognition of superior performance in law school. It stood for Juris Doctor - not Doctor of Laws which is the law school equivalent of a PhD.
We were just becoming involved with European lawyers because of the recent advent of the European Common Market as it was then called - remember the inner 6 and the outer 7 and that kind of crap?
Well, European lawyers called themselvesd Doctor. In fact they insisted on it. As I was doing a lot of common market comparative law work then, I had to be especially schooled on what to call these bozos who would take instant umbrage if you forgot to call them Herr Doktor or Herr Professor Doktor, or ther French or other European equivalent.
American lawyers who felt socially insecure that they were just called Fred or Frank or Joe, lobbied for the right to be called Doctor Fred, et cetera.
In 1963, if all you had was an LLB degree, and you wanted to be able to refer to yourself as a JD, your law school would, for a $ 25 fee, change your diploma and send you a new one that said JD instead of LLB.
JD then ceased to be an indicator of superior student performance, and became just a hood ornament. --
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
If you're quick, you can see Melinda's hubby wearing the hoser's other alma mater's sweatshirt.
Math is for losers.
Les Stewart MBA
Understanding Franchising
Les Stewart MBA FranchiseFool :: WikidFranchise
Ms Heather, whoever she may be, claims that what the co-op would do would be interfering with the franchise contract's obligations.
If what is contemplated is that the franchisees establish their own co-op and buy through that organization, their buying may involve contract disputes, but the joint action does not constitute a breach of anything.
If the franchisees simply decide not to buy from the franchisor anymore - or from the franchisor's designated vendors - it is the act of buying that may or may not be a contract issue. Formation of an organization to sell goods to franchisees is not unlawful, and offering competitive supply sources is not interfering with any contract rights.
Ms Heather's claim presupposes a lot of facts that may not be correct, and also presupposes a lot of franchisor rights that probably are not enforceable.
My earlier comment that I thought it imprudent to set up a co-op to sell to people in or on the verge of bankruptcy still stands. A target market of failed/failing businesses just about never represents a sound investment decision.
Several meal prep franchisees have called me within the last several months. From those conversations I can competently tell you the following.
Meal prep franchisees can walk away from their franchises whenever they wish. What they have to do is do it together, not one at a time. They also have to all hire the same very compentent franchisor litigator. If they do that, they can be free in a week.
If they don't do it that way, they will be strung out and broke. They may be there already anyway, which is why I forgot about it until this co-op idea was raised.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
where they want to go. Assuming there is a way to get there financially, I can keep the franchisor from thwarting that.
But none have retained me to do that, and this isn't the place to discuss how that might be done.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
knows how - not speculated about by people who don't know anything about it.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Lisa; I entirely agree with Richard about organizing an IndFA and getting better supplier prices. Like Richard, I have been involved in this type of organization.
But in my opinion, your post over at meal assembly goes far beyond that legitimate enterprise.
I stand by that assertion, because it appears that you are calling for a royalty strike -not only amongst your own franchisees but others.
In the end, I also probably agree with Richard that since there is no money in this, what is the point in expending time and energy in organizing a dying system.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
of the co-op as you claim...then why not do as Richard suggests - all bail out together and go independent, wait for the Zor to go bankrupt, have these supplier/vendors buy the remaining assets out of bankruptcy (your agreements are their only asset if the brand dies) and re-negotiate with the supplier on more favorable ongoing terms under a loose purchasing co-op.
That said, when your core business model stinks and you are way below water, even after lowering the supply costs or royalty overhead a few percent, how do you expect it to produce an ROI once the brand value/marketing, and other economies of scale are gone? All the other fixed costs will remain intact and your cost of client acquisition will likely increase.
I truly believe that those of you in this space will have a hard time organizing a critical mass of people together. My perception could be wrong (and I haven’t conducted scientific analysis) but I’d bet that over 75% of these “business owners” are wealthy spouses who saw this “business” as a good opportunity to have some fun/socialize and “only” lose a fraction of what their family portfolio generates in interest income each month. You’ll find these folks to be fixed in place and desiring no drama. They’ll be more likely to quietly fold the tents and move on to something else than complicate their lives. For the other 25% who view this investment as essential to your livelihood versus a hobby…
I suggest that you take an honest look in the mirror and if you see no possibility of a future ROI and additional risk/cash injections, just skip the whole Peter to Paul transfer process and sell your business (client list and non-proprietary assets/marks) for whatever you can get and with the best terms you can, take the write-off, and get some gainful employment (where you are getting PAID) sooner than later. Life is too short. Your best bet for a buyer is one of these existing wealthy spouse/franchisees in your area who can increase their little empire and recognize some consolidation efficiencies.
Back to the day job.
Guest writes: "Should any particular zor go into bankruptcy and close their doors and cut off access to a website and recipes -- then there would be an immediate ability for any member to switch over to an independent kitchen if he/she so chooses."
What makes you think that the franchisor's bankruptcy ends your franchisee obligations?
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Unless you bought your franchise with lottery winnings or a trust fund, no one can blindly label you as being stupid or dumb based on a bad decision...so why do you allow these mere words to continue to cloud your judgment and stress you out?
Most people who decide to purchase a franchise have high school or better educations, have worked corporate jobs or successfully ran their own enterprises in the past (many as executives). These people are not inherently stupid and you are likely not stupid.
Where stupidity comes into play is when you do stupid things - like putting good money after bad, allowing your life to be shortened due to stress, or ignoring reality and not admitting to a bad decision and getting out.
By definition, stupid people can't learn...so, if you continue to not learn from past mistakes or ignore sound advice from experienced professionals without agendas, not only are you destined to repeat or magnify the mistakes, you are by definition stupid.
If the Zor goes bankrupt, the contracts are assets of the bankrupt estate, subject to reaffirmation so long as the Zor is capable of performing what is required of the Zor in the contract. The zor has 120 days after filing for bankruptcy to decide to affirm or reject all executory agreements, and that includes the franchise agreements.
The realities of how that works in street sense may be something else altogether. Much depends upon the effectiveness of representation of the Zees. Theories won't work here. Street sense and guts works better.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Dead wrong. Bankruptcy only transfers the right to collect the royalties to the secured parties.
Bankruptcy, insolvency, or receivership does present some opportunities to a well organized -read "we have money"- franchisee association.
The IndFA can offer to buy some of the assets, ie trademarks from the trustee, if that makes sense.
But the franchisees are not relieved of any obligations just because the franchisor is bankrupt, insolvent or in receivership.
Further, self-help remedies are usually a contempt of the receiving petition - meaning you can really annoy a judge by taking self-help remedies.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
...mentioned on these boards a few months back (Sell it on eBay type entity out of the Bay area) who I believe voluntarily folded and wrote a letter to the zees allowing them to continue using the marks, etc.
I believe this to be quite a rarity and I am uncertain if this zor had creditors who went after the agreements as assets? Anyone know of what I am talking about?
The ability of a bankrupt Zor to protect anything for benefit of creditors or to have anything that anyone might wish to buy is not a theoretical issue. It is aa street issue.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Bankruptcy moves quickly, so if an IndFA has a plan it can often influence the direction.
No plan, no influence.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
However wrote the in about.com article is dangerously incompetent.
Here is the Court of Appeal in Ontario on the effect of bankruptcy on franchisee obligations.
Look at the dismissal of the cross-appeal.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Richard writes: "It is aa street issue."
Uh, an "AAA street issue" or "a street issue"?
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
On three occassions over the past couple of years I have written to either the editor or the writer concerning general 'franchise' content at this site. There was no interest in discussing the 'details' I was willing to share. I, therefore, do not visit the url.
Nick Bibby is a franchise consultant and principal of the Bibby Group.
Nick Bibby founded BibbyGroup.com, an organization dedicated to franchise and entrepreneurial excellence.
Prof. Buchan contributed a chapter to a new insolvency treatise, she addresses the Q of what happens when the zor declares bankruptcy.
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
for the world of reality and real potential and real options, franchisor bankruptcy is a "Choke Point" event. Choke point events present franchisee deal quality opportunities that can only be achieved if there are three conditions met.
The franchisees must unite and be resolute in their insistence. Wimping around with half way measures and half way participation of the group will usually lose the Choke Point advantage, or at least leave that advantage only for the larger franchisees who don't wimp out. In fact, I have represented large franchisees who wanted to deal only for themselves because the smaller franchisees couldn't be counted on not to screw up the deal with petty tricks. Since a franchise system has no value if the big franchisees get tough, they get their way/most of their way/ and the punks are left whining.
Franchisees must retain aggressive and inventive litigator representation on the order of a commando mentality. The lawyer may not in reality be a gleeful destroyer of value, but he must be perceived to be willing to take everything down if his clients are not given a much better deal. The clients must back his play in their private discussions that they will have with management representatives, even though they agreed not to have such conversations with management representatives. The guy who goes behind counsel's back and reassures management that there is no destructive animus in the group siimply undermines everything that the group is trying to accomplish. He is certainly not helping to achieve the group's goals.
The franchisees must provide adequate budget resources - in front - for their counsel. The lawyer you want isn't interested in carrying receivables. Moreover, someone will tell franchisor management what that counsel budget is, and if it is chump money, all the leverage that counsel has will evaporate. Having the warchest in the bank, and having the franchisor know that there is adequate funding for counsel to do anything that might come up is a huge convincer.
With this battle plan, no one is going to buy the francisor's interest in bankruptcy if there is a very obvious challenge to the viability of the franchise system itself. Investors never invest in lawsuits. Seriously aggressive franchisees can rewrite the franchise agreements in any bankruptcy if they follow these rules.
And no laws will have been broken in the doing of it.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
From the about.com web site:
"©2008 About, Inc., A part of The New York Times Company. All rights reserved."
That about says it all...Can you all hear Solomon's head exploding right now?
Isn't the NYT supposed to be the official voice of the party that claims to be the protector of the little guy?
The trash "expert advice" on this site, IMHO, certainly does not help the little guy when it comes to the business of franchising.
If Dream Dinners had $ 30,000,000, that would still not be a good suit. However, whatever a good suit might be, it could then be collectible.
How many DD franchisees are/were there? Anyone seen the recent financials of Dream Dinners?--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Techie Q: Why sue in New York County (Manhattan)? It would appear that the only NY Plaintiffs are in upstate (the majority of parties don't have a NY nexus), with the NY plaintiffs' business in Albany County. So under CPLR 503(a) and 503(c), this would seem to be properly venued upstate.
According to pleadings, venue is pursuant to CPLR 501 ("written agreement fixing the place of trial"), but it would seem odd that a Washington State franchisor would pick Manhattan in the Franchise Agreements.
Is this a matter of attorney convenience or is there a tactical reason for choosing NY County?
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
If you believe there is no future, then the only rational decision is to bail out and stop trying to raise the dead.
If you believe there is a future, your description of what is involved is overly complicated. On the other hand, those who are on life support probably are not capable of self help in any configuration.
Where is Dr Kervorkian when you need him?--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
The gals named individually in the filing might be loaded...and exposed (I mean financially loaded and legally exposed versus the way you are likely thinking of gals being loaded and exposed.)
gettin 'em loaded and neked just aint worth the expense no mo.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard writes:
At my age gettin 'em loaded and neked just aint worth the expense no mo.--
My reply:
When fall the mighty : (
This is what I have to look forward to?
Depressed,
FuwaFuwaUsagi
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
I used to hate the idea of becoming elderly. Hell, it's great. I have the girl of my dreams. I'm healthy. I don't mind playing second fiddle to 18 cats - I even help with the feedings.
I still have to wait for certain capabilities to begin to fade. They say that when these abilities begi to fade, you are compensated by having an improved palate - everything tastes better - not that bad a trade off.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School