What do you mean by the “kitchen sink approach?"
Washington D.C. litigator Eric Yaffe discusses a franchisee litigation tactic of bringing lots of claims in hopes of winning a lawsuit.
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So, you know, franchisees will often bring a variety of claims, and that’s what we mean when we say the “kitchen sink approach.” So they might bring a breach of contract claim for breach of the franchise agreement, at the same time bring a tort claim for potentially some sort of conspiracy or tortious interference with their relationship with a third party, and at the same time they may bring some of what we call these very technical claims concerning violations of the disclosure laws, technical violations of the disclosure document, because at some point if the relationship isn’t going well between the franchisor and the franchisee, and the franchisee is potentially losing money or not doing as well as he or she expected, the natural tendency is to blame someone, and also the natural tendency is to try to recoup the money that you invested in the business that didn’t go as well as you would have liked.
So the franchisee will bring these variety of claims, hoping that something will end up being viable, and getting passed a motion to dismiss or a motion for summary judgment. If they can get it in front of a jury, in front of a judge, they feel they might have a shot at recouping some money from the franchisor. Fortunately, we’ve been very successful over the years and we really haven’t seen franchisees be able to recover very often.