When an injury happens at a franchise, do you always include the franchisor in addition to the LLC that owns the location when sending a demand letter? If it’s a very large corporation (say a hotel chain), how do you choose which corporate entity to name?

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Include them both and let them fight over it or one will move to dismiss?

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General rule for me is that I name everyone. Easier to name someone and then let them out as opposed to forgetting/choosing not to name someone then realizing during discovery you should have brought them in.

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In your demand ask for the policy or the named insured and the entity responsible for the operation and control of that individual location, name both in suit and generally agree to dismiss upon sufficient showing of who the proper party is.

You’re going to want to make sure you get any policies / procedures that may come from the corporate franchisor defendant and perhaps condition your dismissal upon their production

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That’s helpful— thank you.

I always include everyone possibly related and if it’s wrong let them argue and prove it

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Throw in everyone and the kitchen sink. It's much easier to dismiss than amend. Think about property owner too, if the building is leased.

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🍂November JOB THREAD!

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