David E. Worthen, Partner

Notable Case Decisions

Dunkin' Donuts Franchised Restaurants LLC v. Nader, No. 13-13023, 2014 WL 4662322 (D. Mass. Sept. 17, 2014) (denying franchisees' motion to dismiss Dunkin's claims for termination of 33 franchise agreements)

Dunkin Donuts Franchising LLC v. Sai Food Hospitality, LLC, No. 4:11-CV-01484, 2014 WL 2009106 (E.D. Mo. May 16, 2014) (court awarded Dunkin' 100% of its attorneys' fees and costs incurred in prevailing on its claims and defendants' counterclaims at trial)

Dunkin’ Donuts Franchising LLC v. Sai Food Hospitality, LLC, No. 4:11-CV-01484, 2013 WL 6885339 (E.D. Mo. Dec. 31, 2013) (granting judgment in favor of Dunkin' on its claims for termination for fraudulent inducement and defendants' counterclaims seeking $11 million)

Dunkin’ Donuts Franchised Restaurants LLC v. Wometco Donas, Inc., 53 F.Supp.3d 221 (D. Mass. 2014) (granting Dunkin' preliminary injunction terminating 17 franchise agreements for nonpayment of fees)

Dunkin’ Donuts Franchising LLC v. Oza Bros., Inc., No. 10-13606, 2012 WL 4498118 (E.D. Mich. Sep. 28, 2012) (granting Dunkin' summary judgment terminating franchise agreement for intentional underreporting of sales and tax fraud)

Dunkin’ Donuts Franchised Restaurants LLC v. ABM Donuts, Inc., No. 11-270 S, 2011 WL 6026120 (D. R.I. Dec. 02, 2011) (granting Dunkin' preliminary injunction terminating franchise agreement for nonpayment of fees)

Dunkin’ Donuts Franchised Restaurants LLC v. Sandip, Inc., 712 F.Supp.2d 1325 (N.D. Ga. 2010) (granting summary judgment terminating franchise agreements for failing to remodel, participate in mandatory programs, and compliance with the law, and on defendants' counterclaims for breach of settlement agreement and racial discrimination)

Wild Bird Centers of America, Inc. v. Duer, No. 326421, Bus. Franchise Guide (CCH) ¶ 14,490 (Cir. Ct. Montgomery County, Md. Sept. 2, 2010) (granting Wild Bird Centers preliminary injunction enforcing covenant not to compete against former franchisee, including his attempt to compete on the internet)

Dunkin’ Donuts Franchised Restaurants LLC v. KEV Enterprises, Inc., 634 F.Supp.2d 1324 (M.D. FL. 2009) (granting Dunkin' preliminary injunction terminating franchise agreements for nonpayment of fees)

Dunkin’ Donuts Franchised Restaurants LLC v. D & D Donuts, Inc., 566 F.Supp.2d 1350 (M.D. Fla. 2008) (granting Dunkin' preliminary injunction terminating franchise agreements based on three defaults in a year and failure to comply with system standards)

Dunkin' Donuts Franchised Restaurants LLC v. Shrijee Inv., Inc., No. 08-12836, 2008 U.S. Dist. LEXIS 107353 (E.D. Mich. Dec. 23, 2008) (granting Dunkin' preliminary injunction terminating franchise agreements for nonpayment of fees and dismissing association's counterclaims based on lack of associational standing)

Dunkin' Donuts, Inc. v. Tejany & Tejany, Inc., No. 05 C 4770, 2006 WL 163019 (N.D. Ill. Jan. 18, 2006) (denying franchisees' motion to dismiss)

Dunkin' Donuts, Inc. v. Martinez, No. 1:02-MC-00456, 2003 U.S. Dist. LEXIS 2694 (S.D. Fla. Feb. 21, 2003), affirmed, Dunkin' Donuts, Inc. v. Philomar, No. 03-11569-CC (11th Cir. Dec. 12, 2003) (granting judgment in favor of Dunkin' on its claims for termination for violation of tax and immigration laws)

Dunkin' Donuts, Inc. v. N.A.S.T., Inc., 266 F.Supp.2d 826 (N.D. Ill. 2003) (granting Dunkin' its attorneys' fees and costs incurred in litigating meritless claims that were ultimately withdrawn by franchisees)

DDFA of South Florida, Inc. v. Dunkin’ Donuts, Inc., No. 00-7455-CIV, 2002 WL 1187207 (S.D. Fla. May 22, 2002) (granting Dunkin's motion to dismiss based on lack of associational standing)

Dunkin’ Donuts Inc. v. Liu, No. 02-2972, 2003 WL 22513572 (3rd Cir. Nov. 22, 2002) (affirming termination of franchise agreements for intentional underreporting of sales)

Dunkin’ Donuts Inc. v. Northern Queens Bakery, Inc., 216 F.Supp.2d 31 (E.D. N.Y. 2001) (granting Dunkin' preliminary injunction terminating franchise agreements for failing to comply with system standards)

Keating v. Baskin-Robbins USA, Co., No. 5:99-cv-148-BR(3), 2001 WL 407017 (E.D. N.C. Mar. 27, 2001) (granting Baskin-Robbins summary judgment on its claims for termination based on violation of the in-term covenant not to compete, and on franchisees' claims)

Dunkin’ Donuts Inc. v. Priya Enterprises, Inc., 89 F.Supp.2d 319 (E.D. N.Y. 2000) (granting Dunkin' preliminary injunction requiring franchisee to comply with system standards)

Dunkin’ Donuts, Inc. v. Albireh Donuts, Inc., 96 F.Supp.2d 146 (N.D. N.Y. 2000) (granting Dunkin' preliminary injunction requiring franchisee to comply with system standards)

Baskin-Robbins, Inc. v. A. Ender, Ltd., No. CV-N-99-206, 1999 WL 1318498 (D. Nev. Sep. 10, 1999) (granting Baskin-Robbins preliminary injunction requiring franchisee to comply with system standards)

Dunkin' Donuts, Inc. v. Chetminal, Inc., No. 97-6413-CIV-MARCUS, Bus. Franchise Guide (CCH) ¶ 11,290 (S.D. Fla. Oct. 30, 1997) (granting Dunkin' preliminary injunction terminating franchise agreement for violating the law by selling cigarettes to minors)

Dunkin' Donuts, Inc. v. Donuts, Inc., No. 99-cv-1141, 2000 WL 1808517 (N.D. Ill. Dec. 6, 2000) (granting Dunkin' summary judgment terminating franchise agreements based on failure to comply with system standards)

Johnson v. United Parcel Services, Inc., 722 F.Supp. 1282 (D. Md. 1989), affirmed, 927 F.2d 596 (4th Cir. 1991) (granting UPS summary judgment on plaintiff's claims for violation of Maryland's anti-polygraph statute and false imprisonment)