5th Circuit Court of Appeals Rules in Favor of Firm Client, Reversing Jury Verdict

On November 4, 2020, the Fifth Circuit Court of Appeals ruled in favor of Firm client Pizza Inn, Inc. in a franchise area developer dispute that proceeded to federal jury trial in 2019. The trial court had adopted the narrow “equitable intervention” doctrine to save the claims of the area developer, who had missed a renewal option period by more than two months, then sued when Pizza Inn refused to allow the renewal of the five-year option. On appeal, the Fifth Circuit agreed with the position of Firm counsel that the trial court erred in its application of the doctrine, and directed verdict be reversed and judgment entered in favor of Pizza Inn. The reversal is significant, as jury trial judgments in the Fifth Circuit are reversed in only about 8% of jury trials. Cody Towns served as lead counsel at trial and on appeal, alongside attorneys Catherine Bitterman, Nina Lariscy, and Jeremy Kustoff. The case is Pizza Inn, Inc. v. Bob Clairday, Cause No. 19-11302, reported at 979 F.3d 1064 (5th Cir. 2020). Click here to read the Published Opinion.