A lawsuit filed by Papa Johns founder John Schnatter over a leaked conference call will likely go to trial.

The U.S. Court of Appeals rejected efforts by Laundry Service, the ad firm named in the suit, to avoid a trial, saying it lost its right to arbitrate by litigating the case first.

Schnatter sued the firm back in 2019, accusing it of leaking parts of a conference call, which led to his removal from the company.

On the call, Schnatter said a racial slur.

He claims his use of the word was taken out of context.

Schnatter previously pledged to donate any proceeds he receives from the lawsuit to charity.

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