Not much is left of the franchisees’ case on remand. Although the appeals court declined to dismiss the case outright and said it was 'not inconceivable' that a class action might be used 'in a carefully controlled manner', it appears that the franchisees will be limited to arguing that Meineke’s conduct constituted a breach of their particular versions of the franchise agreement. Any damages that may be awarded in the future would be limited to the lost profits that each franchisee could prove based on his or her individual circumstances.

Philip F Zeidman
Rudnick, Wolfe, Epstien & Zeidman
Washington DC