The franchisor of Noble Roman’s Pizza, as well as Tuscano’s Italian Style Subs, was granted summary judgment by an Indiana judge against the plaintiffs in a long standing court case. Noble Roman’s Inc. received a judiciary order on December 23rd 2010 from the Superior Court of Hamilton County informing them of the decision. All allegations of fraud made against the company and its officers were dismissed. Counterclaims against the plaintiffs claiming breach of contract are not yet settled.
The lawsuit was brought against Noble Roman’s Inc. by Fred Eric Heyser, Kari Heyser and Meck Enterprises, LLC. It was originally filed in 2008. Former franchisee owners of the traditional venue offered by Noble Roman’s, the plaintiffs included ten groups originally. One group dropped their claims and another was dismissed due to contempt of court. In the lawsuit it was alleged that the company did not disclose enough information and use fraudulent claims to entice the franchisee owners to purchase. Both compensatory and punitive damages were sought of over $5 million.
Counter-claims of breach of contract were filed against all plaintiffs in the case, with a request for $3.6 million in damages plus punitive damages and attorneys’ fees. The company is continuing to pursue the counter-claims despite the fact that the claims against them have been dropped. A separate claim had been issued against Noble Roman’s Inc. by one plaintiff group under the Indiana Franchise Act. This claim was determined to be based on genuine facts, and the company must still deal with this claim in court.
Spokespersons from the company explained that Noble Roman’s Inc. is pleased about the outcome of the case and that the company had spent much of its resources on defense against the allegations. However, they plan to continue growth of their franchisee options and grocery store products.