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Contracts
Breach of Contract
Breach of Covenant of Good Faith and Fair Dealing

Syed Musavi, Shakeb H. Zuberi v. Burger King Corporation

Published: Jul. 26, 2014 | Result Date: Oct. 25, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 5:13-cv-00970-DDP-SP Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Al Mohajerian
(Mohajerian APLC)

Allan Claybon


Defendant

Jeffrey A. Rosenfeld

Nicole C. Edwards


Facts

Syed Musavi and Shakeb Zuberi sued Burger King Corp.

Contentions

PLAINTIFF'S CONTENTIONS:
Musavi and Zuberi owned the rights to operate four franchise locations of Burger King restaurants. In 2012, Burger King sent them a letter, alleging that they were in breach of their franchise agreements. Burger King proceeded to terminate their franchise agreements due to "unpaid rent, royalty, advertising, common area maintenance, and property tax charges."

On Jan. 16, 2013, Burger King sued Musavi and Zuberi in the Southern District of Florida, but that action was dismissed. Musavi and Zuberi then sued Burger King, arguing that their limited license agreement was unconscionable and unenforceable.

DEFENDANT'S CONTENTIONS:
Burger King argued that the case should be dismissed for improper venue. In the alternative, it moved that the matter be transferred to the Southern District of Florida, or dismissed for failure to state a claim.

Result

The action was dismissed for improper venue.

Other Information

FILING DATE: May 29, 2013.


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