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Who won Burger King vs Rudzewicz?
Both men negotiated with both the Michigan and the Miami offices. During the course of a 20-year franchise relationship, Rudzewicz became liable for over $1 million in payments. Burger King eventually terminated the franchise after lengthy negotiations with the two men produced no results.
Why did Burger King sue in Florida rather than in Michigan?
Why did Burger King sue in Florida rather than in Michigan? Burger King sued Rudzewicz in Florida rather than in Michigan because they had personal jurisdiction over Rudzewicz.
Who determines personal jurisdiction?
the superior court
So, as long as you are suing someone who lives in California or a company or organization that does business here, the superior court has personal jurisdiction. There are three types of subject matter jurisdiction: General Jurisdiction, which means that a court has the ability to hear and decide a wide range of cases.
What is an availment?
Availment. An act of availing or benefitting from.
What happened to Richard Rudzewicz at Burger King?
Rudzewicz’ refusal to make the contractually required payments in Miami, and his continued use of Burger King’s trademarks and confidential business information after his termination, caused foreseeable injuries to the corporation in Florida.
Who is the plaintiff in the Burger King case?
Rudzewicz and MacShara (Defendants), residents of Michigan, had a contract with Burger King (Plaintiff) as franchisees for 20 years. The contract said that the franchise relationship would be established in Miami (where Plaintiff’s principal offices are) and that the relationship would be governed by Florida law.
What happened to the Burger King franchise in Michigan?
Both men negotiated with both the Michigan and the Miami offices. During the course of a 20-year franchise relationship, Rudzewicz became liable for over $1 million in payments. Burger King eventually terminated the franchise after lengthy negotiations with the two men produced no results.
Does the Burger King lawsuit arise in Florida?
However, Rudzewicz and MacShara argued that the claim did not arise within Florida. The court agreed with Burger King and entered judgment in its favor, but the appellate court reversed on the grounds that the defendants had not received proper notice that they might be involved in litigation in Florida.