What was the outcome of Bojangles' motion to dismiss the complaint in the Guilford County Case?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
of the complaint and the exhibits to the complaint, which the court granted in pertinent part in an order issued on June 14, 2024, leaving only the redacted complaint and exhibits on public file. On April 9, 2024, we filed a motion to dismiss the complaint, which the court denied in an order issued on June 14, 2024.
Source: Item 3 — LITIGATION (FDD pages 15–17)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, the Guilford County Case involves a complaint filed by Bojangles' of America Franchisee Association against Bojangles Opco, LLC. The complaint alleges breach of an oral agreement and unfair and deceptive trade practices. Bojangles responded to this complaint by filing a motion to dismiss.
The FDD states that on April 9, 2024, Bojangles filed a motion to dismiss the complaint. The court subsequently denied Bojangles' motion to dismiss on June 14, 2024. This means the case will proceed, and Bojangles must continue to defend itself against the allegations made by the franchisee association.
This outcome is significant for prospective franchisees because it indicates ongoing disputes between Bojangles and its franchisees. While lawsuits are not uncommon in franchising, the denial of a motion to dismiss suggests that the court found sufficient grounds for the case to proceed, which could potentially lead to further legal and financial implications for Bojangles. Franchisees should monitor the outcome of this case and consider its potential impact on their relationship with the franchisor.