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PLEASE HELP ASAP! 1. Under what conditions are a franchisor liable for the actions of a franchisee? Patterson v. Domino's Pizza (franchisor) was in a
PLEASE HELP ASAP!
1. Under what conditions are a franchisor liable for the actions of a franchisee?
Patterson v. Domino's Pizza (franchisor) was in a former edition of your text and is presented below. Here are the relevant facts in a suit for sexual harassment filed by a worker at a Domino's Pizza store; you may wish to review them briefly before reading the case:
- Persons who worked for franchisee were paid by the franchisee
- Franchisee responsible by contract for managing employees, and did not include franchisor in the application, interview, or hiring process
- Sexual harassment policy of franchisee not reviewed in any way by the franchisor
- Why do you think the lawyers for Patterson were so interested in getting Domino's involved as a defendant?
- Why do you think Dominos fought so hard not to be a defendant?
- After the trial court ruling, was Patterson able to go to trial vs. Dominos? Why or why not? Hint: The answer to this question and the two questions following depends upon understanding summary judgment: "After the discovery process, either party can file a motion for summary judgment. The motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party...The judge grants the motion if, after examining the evidence, she finds no factual disputes. If however, she finds any factual issues about which the parties disagree, she denies the motion and sends the case to trial."
- After the Court of Appeals ruling, was Patterson able to go to trial on this issue vs. Dominos? Why or why not?
- After the CA Supreme Court ruling, was Patterson able to go to trial on this issue vs. Dominos? Why or why not?
- If Patterson's lawyer could alter the facts slightly to change the way the CA Supreme Court ruled in Patterson, what facts would the lawyer be interested in altering and what would those alterations be?
(The link to the Case: https://www.lexisnexis.com/community/casebrief/p/casebrief-patterson-v-domino-s-pizza-llc)
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