 Circuit Judge Jon I. Gordon dismissed the lawsuit without prejudice in November requesting the plaintiffs refile with a clarified complaint . An amended complaint was filed by the three franchises a month later . In response to a motion to dismiss filed by the parent company , the judge ruled in January 2009 in favor of Burger King . In his decision , Judge Gordon stated that the franchise contract clearly does provide Burger King the right to establish minimum hours standards for its franchises . After purchase of the company by 3G , Burger King conceded to the franchises request the mandate be changed to a recommendation and relaxed its position on the extended hours . 
