HONEY DEW ASSOC. v. M & K FOOD CORP.

No. 00-1300.

241 F.3d 23 (2001)

Honey Dew Associates, Inc., and Bowen Investment, Inc., Plaintiffs, Appellants, v. M & K Food Corp., Irwin Kay, and Adele Kay, Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 23, 2001.


Attorney(s) appearing for the Case

Jack J. Mikels, with whom Linda J. Keogh and Jack Mikels & Associates were on brief for appellants.

Irving Brodsky for appellees.

Before Lynch, Circuit Judge, Coffin, Senior Circuit Judge, and Lipez, Circuit Judge.


LIPEZ, Circuit Judge.

The trial in the district court was about the breach of a franchise agreement and the reasonableness of a liquidated damages clause. The court refused to enforce the liquidated damages clause, deeming it a penalty. We conclude that the court misallocated the burden of proof and lacked an adequate factual basis for its penalty determination. We therefore vacate the judgment and remand for further proceedings.

I.

Bowen Investment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases