What was the total settlement amount Flowerama paid to the Arizona Plaintiffs in January 2022?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
0-Flowers marks and for enforcement of the non-competition provisions in the plaintiffs' agreements, plus legal fees and expenses.
Following discovery and cross motions for summary judgement, the Defendants engaged in settlement discussions with Arizona Plaintiffs. These settlement discussions proved successful and, in order to avoid the cost of a trial with these plaintiffs, the case was settled in January 2022 for a total sum of $150,000. A settlement agreement was executed by the parties in which there was no admission of l
Source: Item 3 — LITIGATION (FDD pages 12–13)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, the company was involved in a legal dispute with several plaintiffs, including the "Arizona Plaintiffs." The initial complaint against Flowerama included allegations of breach of contract, unfair competition, and violations of consumer fraud acts, with the plaintiffs seeking $13,540,120 in damages.
To avoid the costs associated with a trial, Flowerama engaged in settlement discussions with the Arizona Plaintiffs. These discussions resulted in a settlement in January 2022, where Flowerama paid a total sum of $150,000 to the Arizona Plaintiffs. The settlement agreement included a clause stating that there was no admission of liability by any party and contained mutual releases. A Stipulation of Discontinuance with Prejudice was subsequently filed with the Court, indicating that the case was dismissed and cannot be brought again.
This type of settlement is a fairly common occurrence in franchise litigation. Settling a case allows Flowerama to avoid potentially higher costs associated with a trial, even though it involves a monetary payout. The "no admission of liability" clause protects Flowerama from future claims based on the same allegations. Prospective franchisees should be aware of Flowerama's litigation history, as it can provide insights into the types of disputes that may arise and how the company typically resolves them.