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Jarvis Arrington, et al v. BKW, et al
Case Number:
20-13561
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September 01, 2022
11th Circ. Revives Noncompete Claims Against Burger King
Burger King employees might have it their way after the Eleventh Circuit reversed a decision to dismiss their proposed class action suit alleging the fast-food chain violated antitrust law, with an appellate panel finding independent franchisees were acting together with the corporation via a noncompete agreement that restricted hiring.
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September 22, 2021
Burger King Workers Fight To Revive No-Poach Suit
A proposed class of Burger King workers tried Wednesday to revive their suit over no-poach provisions in franchise agreements, telling the Eleventh Circuit that the lower court's ruling that the corporation and its franchisees are not distinct runs counter to Supreme Court precedent stating franchisees are competing businesses.
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September 01, 2021
DOJ Gets Time At 11th Circ. For Burger King No-Poach Appeal
The Eleventh Circuit will let the U.S. Department of Justice's Antitrust Division participate in oral argument for an appeal from a proposed class of Burger King workers trying to revive their suit over the fast-food chain's past use of no-poach provisions in its franchise agreements.
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July 06, 2021
Burger King Workers Urge 11th Circ. To Apply NCAA Ruling
Burger King workers have urged the Eleventh Circuit to consider the recent U.S. Supreme Court ruling against the NCAA in support of their anti-competition claims that the fast-food chain unfairly barred their employment at different franchises.
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February 04, 2021
Franchise Advocates Support Burger King At 11th Circ.
A large franchise trade group and the Florida Chamber of Commerce have stepped in to back Burger King as it asks the Eleventh Circuit to uphold the dismissal of a proposed worker action accusing it of using anti-competitive no-poach provisions in its franchise agreements.
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January 28, 2021
Burger King Wants 11th Circ. To Toss Franchise Suit
Burger King has asked the Eleventh Circuit to uphold the dismissal of a proposed class action accusing it of using anti-competitive no-poach provisions in its franchise agreements, claiming the lower court correctly concluded the franchises were part of a "broader symbiotic relationship" with the company.
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December 09, 2020
DOJ Tells 11th Circ. No-Poach Franchise Analysis Needs Work
The U.S. Department of Justice's Antitrust Division has told the Eleventh Circuit that while it's not siding with either Burger King or a proposed class of workers in a no-poach suit, it must correct a recent lower court order that said a franchisor and franchisee are legally incapable of conspiring over the terms of their franchise agreement.
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December 01, 2020
Burger King Workers Say Franchisees Lack 'Economic Unity'
Current and former Burger King workers urged the Eleventh Circuit on Monday to revive their no-poach allegations, arguing in an opening brief that a lower court judge wrongly held the chain was too unified with franchisees to be sued over an alleged anti-competitive agreement.