Jerry Morrison and Helen Morrison v. Back Yard Burgers, Inc.

GOLDBERG, Judge.

This case involves plaintiffs’ attempt to prove a common law fraud claim and a constructive fraud claim arising from a franchise agreement with evidence of a violation of administrative regulations. Plaintiffs Jerry and Helen Morrison filed suit against defendant Back Yard Burgers (“BYB”) seeking damages and attorney’s fees for, among other things, common law fraud arising from alleged misrepresentations concerning projected profits. In response, BYB filed a counterclaim seeking a preliminary injunction to prohibit plaintiffs from continuing to use its trademark. BYB also…