A Win for a Franchisee

David McComb recent obtained a dismissal of a federal court action against our client, a franchisee of a national convenience store chain. The chain had sued our client and sought an injunction to force him out of his store, alleging that our client had breached the franchise agreement and committed fraud by, among other things, failing to disclose to the chain certain discounts and allowances received from a vendor. McComb successfully argued in a pretrial motion that the chain should be barred from introducing any expert testimony about the alleged fraud because the chain had failed to adequately disclose the basis for the expert testimony. On the day before the trial was scheduled to begin, the chain agreed to dismiss all claims against our client with prejudice.