As expected, the opinion in Domino’s Pizza now serves as a catalyst for copycat lawsuits by plaintiffs’ lawyers. I recently ran across a lawsuit by a former employee of a Jack In The Box franchisee against both Jack In The Box and the franchisee. In the lawsuit, filed on May 25, 2012 in state court in San Diego, the franchisee’s employee asserts a panoply of claims arising out of the alleged sexual harassment by one of the franchisee’s employees. In typical fashion, the plaintiff asserted claims against Jack In The Box under the theory of agency – i.e., the franchisee is the agent of Jack In The Box. Although this lawsuit was filed about a month before the appellate court’s decision in Domino’s Pizza, the lawsuit was pursued against Jack In The Box because of the opening provided by the Domino Pizza’s case.
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