No More Mr. Nice Guy When It Comes to Franchisee, Says the Court
Do you think franchisees ought to have Miranda-type warnings before buying a franchise? Magistrate Judge Jonathan Goodman of the U.S. District Court for the Southern District of Florida suggests so in the case of Tim Hortons USA v. Singh, (No. 16-2304, Findings of Fact and Conclusions of Law after Bench Trial, Oct. 25).
October 26, 2017 at 04:14 PM
6 minute read
Editor's note: The author was co-trial counsel for the franchisee-defendants in this case.
Do you think franchisees ought to have Miranda-type warnings before buying a franchise? Magistrate Judge Jonathan Goodman of the U.S. District Court for the Southern District of Florida suggests so in the case of Tim Hortons USA v. Singh, (No. 16-2304, Findings of Fact and Conclusions of Law after Bench Trial, Oct. 25). The case was tried by consent before Magistrate Judge Goodman, who is known for his frequent references in his opinions to rock music. Judge Goodman cited in the beginning of his decision lyrics from the Alice Cooper song, “No More Mr. Nice Guy,” from the “Billion Dollar Babies” album (Warner Bros. 1973).
Tim Hortons was a family-owned company that started in Canada franchising doughnut shops. Hortons' has gradually expanded to the United States. This case involved a franchise in Rochester, New York. In late 2013, the Canadian franchisor was purchased by a Brazilian hedge fund that also owns Miami-based Burger King and now both franchises are operated out of Miami.
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