Looking Back at Our Success

LITIGATION:

Southwest Casino & Hotel Corporation

Gray Plant Mooty represented Southwest Casino & Hotel Corporation in a politically charged, two-week arbitration with the Cheyenne and Arapaho Tribes of Oklahoma. The firm was retained by Southwest only six weeks before the arbitration. The dispute began when Tribal Governor Darrell Flyingman filed suit against Southwest, alleging that the casino and hotel firm had breached a management agreement by “unduly influencing” tribal affairs.

Southwest counterclaimed that Flyingman—against the will of the tribe—had violated the management agreement by failing to negotiate in good faith a contract extension for Southwest, which had successfully managed the tribal casinos for 14 years. As a result of an intense investigation, the Gray Plant Mooty team revealed during the arbitration that Governor Flyingman’s allegations were baseless, and Southwest ultimately prevailed on its counterclaim. The arbitration panel awarded Southwest $500,000 as well as its attorneys’ fees and costs. The decision was significant because it led to the defeat of Governor Flyingman in the next election and allowed Southwest to continue managing its other casino in Colorado.

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GRAY PLANT MOOTY: YEAR IN REVIEW

FRANCHISE:

AmeriSpec, Inc.

AmeriSpec, Inc., came to Gray Plant Mooty seeking advice as to whether it could immediately terminate its franchise relationship with a franchisee who was arrested for using his computer to solicit sex from a teenage girl. The arrest and allegations were the subject of local news stories. Under counsel from Gray Plant Mooty, AmeriSpec decided to immediately terminate the franchise agreement. As anticipated, the franchisee sued for wrongful termination, but the court dismissed the franchisee’s claims by summary judgment. Further, the court determined that AmeriSpec was entitled to immediately terminate the franchise relationship because the franchisee engaged in conduct that damaged the goodwill associated with AmeriSpec’s brand and trademarks. Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26