A former U.S. Army reservist who sued Subway Real Estate Corp. for selling his two Dallas-area Subway restaurants has won two important parts of his legal battle against the company, according to a story by The Dallas Morning News. A Dallas civil judge ruled last week that Lt. Col. Leon Batie Jr.'s rights were violated when the chain's real estate arm stripped him of those restaurants while he was serving in Afghanistan. A Dallas County judge ruled in a separate case to vacate the 2006 eviction judgement.
According to The Dallas Morning News:
A spokesman for the parent of the chain, Doctor's Associates Inc., said in a statement: 'At Subway restaurants, we appreciate and sincerely thank the men and women who unselfishly provide service to their country. We are aware of the recent developments regarding Lt. Col. Batie; however, as a company policy, we do not comment on specific franchisee situations or on pending litigation.'Grant Walsh, an attorney for Batie, said Wednesday's ruling settles the biggest legal issue in a case that has dragged on for more than two years – that the chain's real estate affiliate broke the law when it terminated leases at two central city Subway franchised locations without a court order.That ruling by Judge Carlos Cortez, granting Batie's request for summary judgment, means this part of the case can proceed to the damages phase, Walsh said.
The original suit sought more than $6 million from Subway Real Estate Corp. for violating the U.S. Servicemembers Civil Relief Act, which bars anyone from terminating an active-duty service member's installment contract, including leases, without a court order.
