Legal Opinion
Honey Dew Associates, Inc. v. M & K Food Corp.
Court of Appeals for the First Circuit
Decided February 23, 2001No. 00-1300PublishedCited by 27 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
The trial in the district court was about the breach of a franchise agreement and the reasonableness of a liquidated damages clause. The court refused to enforce the liquidated damages clause, deeming it a penalty. We conclude that the court misallocated the burden of proof and lacked an adequate factual basis for its penalty determination. We therefore vacate the judgment and remand for further proceedings.
I
Bowen Investment Inc. (“Bowen”), a sub-franchisor of Honey Dew Associates, Inc. (“Honey Dew”), entered into a franchise agreement with M & K Food Corporation (“M &…
2Cases cited8 opinions
- Zapatha v. Dairy Mart, Inc.Massachusetts Supreme Judicial Court · 1980
- A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956
- Kelly v. MarxMassachusetts Supreme Judicial Court · 1999
- Norwalk Door Closer Co. v. Eagle Lock & Screw Co.Supreme Court of Connecticut · 1966
- Frank X. Losacco v. F.D. Rich Construction Co., Inc.Court of Appeals for the First Circuit · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bose Corporation v. EjazCourt of Appeals for the First Circuit · 2013
- Midwest Oilseeds, Inc. v. Limagrain Genetics Corporation, Formerly Known as Callahan Enterprises, Inc.Court of Appeals for the Eighth Circuit · 2004
- Xco International Inc., Plaintiff-Appellant/cross-Appellee v. Pacific Scientific Company, Defendant-Appellee/cross-AppellantCourt of Appeals for the Seventh Circuit · 2004
- Jewelers Mutual Insurance v. N. Barquet, Inc.Court of Appeals for the First Circuit · 2005
- Kunelius v. Town of StowCourt of Appeals for the First Circuit · 2009
22 more not listed; retrieve them via the Exa API.