Domino's Pizza v. McDonald
McDonald, the president and sole shareholder of JWM Investments, sued Domino’s Pizza, alleging that Domino’s Pizza violated 42 U.S.C. § 1981 by terminating its contracts with JWM for race-based reasons. Domino's Pizza had entered into several contracts with JWM, but not with McDonald directly. McDonald alleged that Domino’s terminated the contracts with JWM because McDonald is an African-American, causing him to suffer emotional distress, mental anguish, and humiliation. Section 1981 states that all persons, regardless of race, have the same right to make and enforce contracts as “white citizens.”
The district court dismissed the suit, stating that McDonald did not have standing to sue because he was not a party to the contract between Domino’s and JWM. The Ninth Circuit Court of Appeals reversed in an unpublished opinion, holding that, even though McDonald was not a formal party to the contract, he may recover under section 1981 for injuries separate and distinct from JWM’s contract damages.
Question Presented:
In the absence of a contractual relationship with the defendant, are allegations of personal injuries alone sufficient to confer standing on a plaintiff
pursuant to 42 U.S.C. § 1981?
Decision under Review (unpublished opinion)
