Houston partner Barry Flynn successfully represented the largest privately owned automobile repair service franchisor in a trial and countersuit against a franchisee. The client does business in thirty states and has over 260 franchisees.
Flynn successfully enforced all terms of the franchise agreement, including four restrictive covenants, and also defended counterclaims that his client had breached the franchise agreement. The franchisee had sought more than $2.4 million in damages, plus costs, fees, and expenses.
The arbitration hearing consumed four full days of evidence, twelve live witnesses, four experts, plus one full day of arguments. Flynn handled all arguments and witnesses. Because of the complexity of the documents and issues, the arbitration panel took 90 days to rule and issue its final award.
This was a test case of utmost importance to the firm's client to enforce provisions of its franchise agreements, and this result will have a positive bearing on several other matters of like nature for this client.