Saturday, August 23, 2014

Just what is going on...........?????????





 He was right though I was sorry that I moved the restaurant equipment since I was then sued by DAI for Federal Trademark Infringement and was compelled to participate in some "mandatory arbitration" that was called for by the terms of the franchise agreement I signed with them.  Their arbitrater assigned fault to me in a breach of contract matter and awarded them close to $15,000 and the Federal judge awarded them close to $100,000 for my trampling of their trademark rights.  That should have been the end but doesn't something about this matter sound seriously unfair.  Why were they allowed to bring me to court but I had no recourse except arbitration.  

The United States 9TH Circuit Court of Appeals ruled in Nagrampa that a clause in a franchise agreement giving the franchiser a unilateral right to go to court was "unconscionable".  You see there are remedies for "injunctive relief" through arbitration so the court found no good reason for the franchiser to be able to take matters to court.  Therefore the arbitration awarded Subway will be found to be contrary to public policy and negated and this will effect the foundation of their federal lawsuit against me so that will be negated too.  It sure looks like a trial by jury is where this lawsuit of mine against Subway is heading.  Subway will get their day in court at last and will get what's coming to them for their illegal and unethical actions.  $2 million dollars is what we're suing DAI for and I'd be willing to bet that they don't want to see that jury.  Scam fresh.

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