In Re Arthur Treacher's Franchisee Litigation

In In Re Arthur Treacher's Franchisee Litigation, 689 F.2d 1137 (3d Cir.1982), which we believe controls the instant case, Arthur Treacher's sought a preliminary injunction which would require one of its franchisees to pay $200,000 in past due and current royalties before trial. The district court concluded that Arthur Treacher's would be irreparably harmed without such relief. The district court reasoned: All parties agree that the royalties are the "lifeblood of a franchise system." Without these royalties, Arthur Treacher's cannot exist. It has been represented to the court that the company is on the verge of bankruptcy ... The court finds that continued non-payment of royalties pending litigation will inescapably result in the destruction of Arthur Treacher's and this without more, warrants a finding of irreparable harm pendente lite absent the mandatory injunction. If Arthur Treacher's ultimately prevails at trial, any award of money damages could hardly compensate if it is bankrupt and without a franchise system which took years to develop. Id. at 1141. The Court found that the district court had erred as a matter of law in finding irreparable injury for two reasons. First, the individual franchisee in that case could not, in and of itself, cause Arthur Treacher's bankruptcy. Second, "the record which consists primarily of general statements pertaining to the refusal of all franchisees to pay royalties is insufficient in any event to support a finding that Arthur Treacher's was on the verge of bankruptcy, let alone that it was suffering irreparable injury from A and B's individual action." Id. at 1146.