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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/
17 Dec, 2007 9:44 pm by Gordon Smith
... 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 ... for overseeing a Domino's operation. It contains prescriptions for every conceivable facet of the business: from the elements of preparing the perfect pizza to maintaining accurate books; from advertising and promotional ideas to routing and delivery guidelines; from order-taking instructions to ...
Tags: Agency
Conglomerate - http://www.theconglomerate.org/
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/
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 its ... 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
30 Mar 4:39 am by Michael J. Hassen
... as Contrary to Public Policy California State Court Holds Plaintiff, a delivery driver for a Domino's Pizza owned by Western Pizza, filed a putative class action Western Pizza alleging ... pay minimum wage or provide itemized wage statements. Sanchez v. Western Pizza Enterprises, Inc., ___ F.Supp.2d ___ (Cal.App. March 17, 2009 ... was governed by the Federal Arbitration Act (FAA), id., at 3. Further, though Western Pizza would pay all arbitration fees, "Except as otherwise required by law, each party ...
Class Action Defense Blog - http://classactiondefense.jmbm.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/
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/
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), ... required their customers (franchisees and health insurance policyholders) to buy goods (pizza ingredients) or services (acute hospital care) exclusively from them. The courts believed that the packaging ... 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 ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
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/
12 Jan, 2008 7:06 am by Ted Frank
... -rate loan than Caucasian borrowers with the same qualifications." (¶ 1.) Thus, it concludes, the disparity "result[s] from a systematic and predatory targeting of African-Americans." (¶ 6.) Similarly, Baltimore's ... one respect because of the lack of standing in a federal court. Domino's Pizza, Inc. v. McDonald, 546 U.S. 470 (2006) (no § 1981 standing for third ... an amended complaint, especially in the Ninth Circuit. Cf. Spann v. Colonial Vill., Inc., 899 F.2d 24 (D.C. Cir. 1990) ("[a]n organization ...
Overlawyered - http://www.overlawyered.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/
17 Feb 6:27 am
... a mall," 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 to hungry ... late-night menu like other chains have done. And competitors like Domino's and Pizza Hut have less debt and stronger cash flow, which ... 2009." 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, 2007, ...
Psychology of Compliance & Due Diligence Law - http://www.bizop.ca/blog2/
21 Mar 12:10 pm
er... Dust, too. Western Pizza owns some Domino's franchises. Their arbitration agreement had a class action waiver (illegal). It also had an arbitration ... state of arbitration case law. Interestingly, though, the court of appeal held that the company's "small claims" procedure, permitting relaxed discovery, evidence, and hearing procedures for ... these were "implied" in the agreement under Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83. The case is Sanchez v. Western ...
What's New in Employment Law? - http://shawvalenza.blogspot.com/index.html
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/
         
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