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Barkan v. Dunkin' Donuts, Inc., 10-1247

By FindLaw Staff on December 06, 2010 | Last updated on March 21, 2019

Franchisee's breach of contract suit against Dunkin' Donuts

Barkan v. Dunkin' Donuts, Inc., 10-1247, concerned a franchisee's suit against Dunkin' Donuts, Inc. and Baskin-Robbins USA, Co. alleging, among other claims, that defendant breached a contract in which it had promised to work with plaintiff to refinance a debt owed to plaintiff's creditor.

In affirming the district court's judgment as a matter of law in favor of defendant in excluding the testimony of plaintiff's expert, the court held that the plaintiff was required to offer support for two causal links that, but for defendant's breach, the creditor would have restructured the loans, and but for the lack of debt restructuring, plaintiff would have developed the additional stores, and here, plaintiff failed to present sufficient evidence of either one.

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