Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 01-07-1999

Case Style: Richard L. Loehr v. Hot 'n Now, Inc.

Case Number: 95CV6253

Judge: Unknown

Court: United States District Court for the Southern District of Florida

Plaintiff's Attorney: Robert Zarco, Lawrence Ashe and Omar Arcia of Zarco & Pardo, P.C., Miami, Florida

Defendant's Attorney: Lawrence P. Bemis and Alvin F. Landsay III of Steel, Hector & Davis, L.L.P., Miami, Florida

Description: Breach of contract (franchise and development agreements), fraud, breach of good faith, breach of fiduciary duty and negligent misrepresentation claims by franchisee with counterclaim by defendant for breach of covenant of good faith and good dealing. Plaintiff purchased a exclusive territory franchise agreement from Hot 'n Now, Inc. for Broward County, Florida in 1989. He opened six of the restaurants. In 1990, PepsiCo, Inc. bought Hot 'n Now with the intent of setting up company owned stores rather than franchise units and offered to buy Loehr's units but he refused. In 1993, Loehr decided that he wanted to sell and offered them to Pepsi which was not interested. Loehr then asked Pepsi to approve the sale of his franchise units to a third party and Pepsi refused. In 1995, Loehr closed his operation and filed suit against Hot 'n Now, Inc. Defendant counterclaimed.

Outcome: Verdict against plaintiff on his claims and in favor of defendant on its claims for compensatory damages of $210,890.00.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Defendant was also awarded $1,000,000 in attorney fees and $77,000 in costs.

Find a Lawyer


Find a Case