There is a family owned drive-in burger restaurant where I live called Checkers. It has been sued by the Checkers/Rally’s franchise and the suit has been going for years.
The store pre-exist the Checkers franchise in its present location and name for at least a decade and Checkers/Rally’s they won’t drop the suit.
Why courts won’t dismiss these nuisance suits with prejudice escapes me. I frequently read how courts are overloaded and they allow this type of predatory litigation to continue.
Why courts won’t dismiss these nuisance suits with prejudice escapes me.
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They should be. It’s the goliaths using the courts to terrorize the davids (yes, I’m using the analogy wrong since david won). They have lots of money and lawyers and figure they can beat the little businesses into submission by forcing them to have to defend themselves. The courts really should be taking the predatory nature of the size/means difference into account when deciding whether to even hear a case.
“Why courts won’t dismiss these nuisance suits with prejudice escapes me. I frequently read how courts are overloaded and they allow this type of predatory litigation to continue”
Because the courts are run by lawyers and the name of the game is to make sure that all the laywers continue to make as much as possible for as long as possible.