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17 Dec, 2007 9:44 pm by Gordon Smith
... of agency law because franchisors generally are not vicariously liable for the acts of their franchisee's employees, even though franchisors exert substantial control over their franchisees. I once taught a case on Domino's in Business Organizations called Parker v. Domino's Pizza, Inc., 629 So.2d 1026 (Fla. App. 1993). The case arose from an automobile accident in which the franchisee's delivery person was accused of "operat[ing] a vehicle in a reckless, negligent and careless manner, ...
Tags: Agency
Conglomerate - http://www.theconglomerate.org/
11 Jan, 2007 5:43 am by Michael J. Hassen
... spent "performing their actual general manager duties." Jimenez v. Domino's Pizza, Inc., 238 F.R.D. 241, 245-46 (C. ... requirements of Rule 23(a). Id., at 247. The court found that each of Rule 23(a)'s prerequisites - numerosity, commonality, typicality, and adequacy of representation - had been satisfied ... because of improper classification is an 'individual, fact-specific analysis' of each general manager's performance of the managerial and non-managerial tasks." Id. (citation omitted). The federal ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
9 Jan, 2008 11:05 am by Sheppard Mullin
... by Franchisor." It noted that the Agreement provided that the designated supplier could be a single supplier, or even be Quizno's, itself, or its affiliates. Finally, the court noted that the Franchise Agreement specifically disclosed that the Franchisor and its affiliates may ... power over a unique product, but because they are bound by contract to do so. If Domino's Pizza, Inc. acted unreasonably when, under the franchise agreement, it restricted plaintiffs' ability to purchase supplies from ...
Tags: Article
Antitrust Law Blog - http://www.antitrustlawblog.com/
12 Jun 11:28 am
... Investment Law, MCLA Section 445-1508. The district court granted ExxonMobil's motion for summary judgment on all claims, and the Court of Appeals for the Sixth Circuit ... Fenkell road served by plaintiff's franchise". (Id. at p. 14). Citing Queen City Pizza, Inc. v. Dominos Pizza, Inc., 124 F.3d ... 1992)), the court held that: "Relevant markets are generally not limited to a single manufacturer's products, but are composed of products that have reasonable interchangeability," citing Brighton Optical ...
Antitrust Law Blog - http://www.antitrustlawblog.com/
30 Sep 10:01 am by Tom Casagrande
Seemingly approving of other circuits' holdings that, in a reverse confusion case, the strength of the junior user's mark is relevant, the 5th Circuit vacated summary judgment in the reverse confusion case of The Great Amer. Rest. Co. v. Domino's Pizza LLC, No. 08-40654 (5th Cir. Sept. 30, 2009). The court designated ... this view (the 5th Circuit cited only the 3d Circuit's decision in A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198 (3d Cir. 2000)). ...
Likely to be Confused — The Softer Side of IP Law - http://secondarymeaning.blogspot.com
20 Mar, 2007 4:59 am by George Socha
... . The same appliance can be used for Lotus Domino, Microsoft Exchange, mixed server environments, and with other email products. It is available immediately with pricing starting at $5000. About InBoxer InBoxer, Inc. ([www.inboxer.com]) helps organizations manage ... 100 companies, state and local governments, health care institutions, small businesses, and consumers. The CEO's Blog "Death By Email" may be found at [www.deathbyemail.com]. All companies and products listed herein are trademarks or ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
16 Nov 7:00 pm
... fue los Estados Unidos de América. Resalta que después, paso a denominarse "Gentron Inc." ubicada en los EE.UU. -Estado de Delaware-. Sostiene que en el ... a mi memoria por una parte, el antiguo aforismo latino: "rara est in dominos iusta licentia", y por otra, la tesis general del clásico libro ... fijar los correspondientes a las representaciones letradas de la parte actora y de los demandados "Gentron Inc. Sucursal Argentina", "Marcelo Arturo Markous" y de la perito contadora en 18% (dieciocho por ...
Fallos DIPr - http://fallosdipr.blogspot.com/
22 Jan, 2007 3:58 am
... statutory guidance that really detailed specific training expectations. Today, employers across the country can look to California's AB 1825. California was the first state to provide employers with real guidance about what constitutes effective EEO and harassment training ... a clear trend of court and EEOC ordered training requiring lengthy programs. The big picture result? A domino effect in terms of the general expectation placed upon employers. I personally see more and more clients committing ...
Harassment Training Blog - http://harassmenttraining.elt-inc.com/
22 Jan, 2007 11:06 am
... statutory guidance that really detailed specific training expectations. Today, employers across the country can look to California's AB 1825. California was the first state to provide employers with real guidance about what constitutes effective EEO and harassment training ... a clear trend of court and EEOC ordered training requiring lengthy programs. The big picture result? A domino effect in terms of the general expectation placed upon employers. I personally see more and more clients committing ...
Harassment Training Blog - http://harassmenttraining.elt-inc.com/
13 Jan 7:01 am by Stephen Worrall
... article is written by guest bloggers Sue K. Varon, Esq. and Martin S. Varon, CPA, CVA, JD, of Alternative Resolution Methods, Inc. The deepening recession, increased unemployment, and a stalled housing market have negatively impacted most ... primary sticking points center on custody issues, the assistance of a parent coordinator or child specialist could prove invaluable. Today's economy requires us, as legal professionals, to assemble a team that will serve our clients in a cost-effective manner. ...
Georgia Family Law Blog - http://gafamilylawblog.com/
29 Jan 5:47 am
Fort Properties, Inc. v. Master Lease LLC, (SACV07-365 AG) C.D. Ca., January 22, 2009 Fort Properties filed suit against Master Lease, seeking a declaration from the court that Master Lease's patent on business methods for creating an investment instrument out of real property (US patent ... 101 . . . The patent examiner who rejected those applications then apparently left the U.S. Patent Office, and the application was assigned to another patent examiner . . . who ultimately allowed the ...
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
30 Jun 6:01 pm
... she is suspected of leaking information to Detroit political consultant Sam Riddle, when he became embroiled in the Synagro Technologies Inc. bribery scandal last year. The Synagro investigation is part of a wide-ranging and long-running investigation of City Hall ... Riddle was a former top aide to Conyers, and has not been charged to date in connection with the scandal. Riddle's attorney admits that he was friends with Greene but did not address allegations that she shared information with him ...
Practical Paralegalism - http://practicalparalegalism.blogspot.com/
24 Nov 4:08 am by John W. Arden
... -franchise rights-through a lock-in theory, the court held. In Eastman Kodak Co. v. Image Technical Services, Inc. (1992-1 Trade Cases ¶69,839), the U.S. ... could impose a surcharge on approved suppliers, the court held. This was especially true in light of the franchisee's allegations that the market for the allegedly illegally tied supplies-hamburger buns and food- ... support an antitrust claim. The franchisor cited Queen City Pizza, Inc. v. Domino's Pizza, Inc. (1997-2 Trade Cases ¶71,909, Business ...
Trade Regulation Talk - http://traderegulation.blogspot.com/
9 Nov 7:18 am
... . District Court for the District of New Jersey dismissed Domino's Pizza Inc. from a proposed class action. The action alleged that the company, and a select number of New Jersey franchisees ... , however, that the plaintiffs failed to set forth sufficient facts to show an employment relationship existed between them and Domino's, and only made a "conclusory statement ... an employer 'within the meaning of 29 U.S.C. § 203(d) and N.J. Stat. Ann. § 34:11-56a1(g)." In dismissing the company from the action, ...
Wage & Hour - Development & Highlights - http://wagehourlaw.foxrothschild.com/
17 Feb 6:27 am
... ," says Robert Welcher, president and CEO of Restaurant Consultants Inc. Welcher says that Sbarro's cafeteria-style setup and portable entrees are designed to appeal ... So why does Sbarro have more debt? Here is the discussion from Sbarro's 10q for the third quarter. "Primarily in connection with our acquisition by MidOcean on January 31, ... Product Names In The UK [Pizza Wars] (consumerist.com) Wait, doesn't Domino's do pizza, not sandwiches? (makeyougohmm.com) Avnet takes impairment blow as Arrow ...
Psychology of Compliance & Due Diligence Law - http://www.bizop.ca/blog2/
24 Jan, 2008 12:49 pm by Barry Barnett
... two intervening court of appeals opinions -- Queens City Pizza, Inc. v. Domino's Pizza, Inc., 124 F.3d 430 (3d Cir. 1997), ... op. at 982-83. The crucial distinction appears to have consisted in the fact that IKON's customers didn't agree at the outset to buy a replacement copier or services from IKON ... businss that lost customers or sales as a result of the antitrust violation and (2) the violator's customers, who overpaid because the violation hindered competition on price, quality, or other features ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
6 Nov, 2008 10:15 pm by Terrence M. Dunn
... another piece on the credit contraction, which provides some tips on how to ride it out. A recent article in NuWire Investor discusses how Domino's is offering short term financial credit solutions to its franchisees. Papa John's is featured in Nation's Restaurant ... are still some businesses, at least for now, that may lay claim to the elusive title of being "recession-proof." Great Clips, Inc. just announced plans for 300 new salons through 2009, aided by $14 million in new financing. The AOL ...
Franchise Lawyer Blog - http://www.franchiselawyerblog.com/
22 Jun 11:30 am by John Bratt
... . There are three government employees involved in a 5 million dollar lawsuit against a Domino's pizza franchise in Ocean City, Maryland. DeMaune Millard, Mayor Dixon's ... were treated differently because of race, he should read Tierco, Md., Inc. v. Williams, 381 Md. 378 (2004). There, the Court of Appeals held it ... serious juggling act. I really wonder what the plaintiffs are hoping to accomplish here. P.S. Today I saw that Mr. Huskey was appointed the temporary head of the Baltimore City Inspector ...
Baltimore Injury Lawyer Blog - http://www.baltimoreinjurylawyerblog.com/
12 Mar, 2008 1:04 pm by Sheppard Mullin
... Technical Services, Inc.,[1] and relied on the decision of the Third Circuit in Queen City Pizza, Inc. v. Domino's Pizza, Inc.[2] The court held that the parties copier equipment was interchangeable, and thus within the ... enigmatic and somewhat metaphysical analysis, the court held that allegations of fraudulent contract opportunism warranted the conclusion that the defendant's market power was a function of market imperfection and the lack of substitutability, rather than from a contract itself. ...
Tags: Article
Antitrust Law Blog - http://www.antitrustlawblog.com/
8 May, 2008 12:31 am
... Technical Services, Inc.,[1] and relied on the decision of the Third Circuit in Queen City Pizza, Inc. v. Domino's Pizza, Inc.[2] The court held that the parties copier equipment was interchangeable, and thus within the ... enigmatic and somewhat metaphysical analysis, the court held that allegations of fraudulent contract opportunism warranted the conclusion that the defendant's market power was a function of market imperfection and the lack of substitutability, rather than from a contract itself. ...
Tags: Article
Antitrust Law Blog - http://www.antitrustlawblog.com/
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