It was a surprise to me the first time I found out that the nationally-known firm Doctor’s Associates was thecorporate name for the Subway Sandwiches chain. The chain is now the second largest food vendor in the world with more than 37,000 franchisees. With a workforce that large, it is not a surprise that the name Doctor’s Associates occasionally makes its way into the name of a case.
In 1995, Doctor’s Associates became responsible for one of the most famous arbitration cases of all time –Doctor’s Associates v. Casarotto. In that case, the Montana Supreme Court said that Casarotto did not have to arbitrate with Subway because the arbitration clause violated Montana law that required arbitration clauses to be written in capital letters on the first page of any contract containing such a clause. The U.S. Supreme Court reversed the Montanans, finding their state law to be in violation of the requirement of the Federal Arbitration Act that arbitration contracts be placed on the same footing as any other contract.
