What causes of action were alleged against Amorino Trading in the lawsuit?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
ITEM 3 LITIGATION
On December 13, 2022, a franchisee located in New Orleans, Capernaum Capital, LLC, filed a lawsuit in United States District Court for the Eastern District of Louisiana, Case No. 22-5271, against Minus Zero4 F, LLC ("Minus Zero"), Amorino Trading, LLC, Filippo Saccani, and Luigi Caroggio. The lawsuit did not name CPUSA LLC as a defendant. Minus Zero4 F, LLC and Amorino Trading LLC are affiliates of CPUSA LLC in that they are all owned by Amorino USA Corp. Saccani and Caroggio are former indirect owners and officers of Minus Zero4 F, LLC. In the lawsuit, the plaintiff alleged causes of action for Rescission of the Franchise Agreement; Declaratory Judgement (against Minus Zero); Fraudulent Misrepresentation (against Minus Zero, Saccani, and Caroggio), Fraudulent Misrepresentation (against Minus Zero, Saccani, and Caroggio); Negligent Misrepresentation (against Minus Zero, Saccani, and Caroggio); Violation of the New York Franchise Sales Act (against Minus Zero, Saccani, and Caroggio); Violations of the Louisiana Unfair Trade Practices and Consumer Protection Act (against Minus Zero), Breach of Contract (against Minus Zero and Amorino Trading) and Promissory Estoppel (against Minus Zero and Amorino Trading). The Complaint sought declaratory relief, and unspecified damages. On February 16, 2023, Minus Zero4 F, LLC and Amorino Trading LLC entered into a Settlement Agreement with the plaintiff and its owners, Adekunle Aderibigbe and Abimbola Aderibigbe, under which the plaintiff franchisee agreed to dismiss the lawsuit with prejudice, the plaintiff agreed to pay Amorino Trading the full sum of monies owed in the amount of $16,906.06, the parties agreed to terminate the Franchise Agreement including the non-competition provisions of the Franchise Agreement, and the parties exchanged mutual general releases. The plaintiff made the settlement payment and the plaintiff dismissed the lawsuit with prejudi
Source: Item 3 — LITIGATION (FDD pages 13–14)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, a lawsuit was filed against Amorino Trading, LLC, along with other related parties, by a franchisee in New Orleans. The franchisee, Capernaum Capital, LLC, alleged several causes of action against the defendants. These included Breach of Contract specifically against Minus Zero and Amorino Trading, and Promissory Estoppel also against Minus Zero and Amorino Trading.
The lawsuit also included claims against Minus Zero, Saccani, and Caroggio for Fraudulent Misrepresentation, Negligent Misrepresentation, and Violation of the New York Franchise Sales Act. Additional claims against Minus Zero included Rescission of the Franchise Agreement, Declaratory Judgement, and Violations of the Louisiana Unfair Trade Practices and Consumer Protection Act.
The plaintiff sought declaratory relief and unspecified damages. However, the matter was resolved through a Settlement Agreement where the franchisee agreed to dismiss the lawsuit with prejudice after paying Amorino Trading $16,906.06. The parties also agreed to terminate the Franchise Agreement and exchanged mutual general releases.