Tuesday, October 21, 2008

TGL Wine and Gifts, Inc. v. Kilroan Investments, Inc. and Michael J. Macmanus, Jr.

TGL Wine and Gifts, Inc. v. Kilroan Investments, Inc. and Michael J. Macmanus, Jr., Cause No. 366-4034-05, in the 366th Judicial District Court of Collin County, Texas

Mr. Kennedy’s client, TGL Wine and Gifts, Inc., sued on a promissory note in connection with the sale of its franchise to Defendants.  Defendants filed counter-claims and Third-Party claims alleging violations of Federal franchise law and the Texas Business Opportunities Act.  The Defendants also brought claims for fraud, negligent misrepresentation, breach of contract and violations of the Texas Deceptive Trade Practices Act.  On July 21, 2008, the case proceeded to trial.  18 Questions were submitted to the jury and the jury unanimously found in Mr. Kennedy’s client’s favor on 17 of the questions, and 11-1 on the other question.  The jury awarded Mr. Kennedy’s client all of the damages it sought and its attorneys’ fees.