Contributors
- Michael J. Abrams
- Caitlin Albaugh
- Morgan S. Alexander
- Catherine (Catie) Bitzan Amundsen
- Robyn L. Anderson
- Megan Anderson
- David Archer
- Alexandra Bass
- William Beck
- Blaine Bengtson
- Lee B. Bennin
- Eli Bensignor
- Jesse A. Berg
- James B. Betterman
- Richard (Rick) N. Bien
- Jennifer Reedstrom Bishop
- Sandra (Sandy) Bodeau
- Jean Paul Bradshaw, II
- Casey C. Breese
- Kayla A. Brewe
- Ann B. Burns
- Brandon Chapman
- Michael R. Cohen, PLS, CIPP/US, CIPP/E, CIPM, FIP
- Allyson Cunningham
- Peter F. Daniel
- Lindsey R. Day
- Giulio A. DeConti
- Meenal Deshmukh, Ph.D.
- Elizabeth (Liz) Dillon
- Brian Dillon
- Cassie Doutt
- Sarah Duniway
- Amy Erickson
- William (Bill) F. Ford
- Maisa Frank
- Brian C. Fries
- Susan Gaertner
- Cameron Garrison
- Kate O’Hara Gasper
- Caitlin R. Gehlen
- Kevin R. Graff
- Michael (Mike) R. Gray
- Timothy (Tim) J. Hadachek
- Shlomo Hahn
- Emma Halling
- Loren L. Hansen
- Elizabeth D. Hatting
- Robert J. Haupt
- Wade S. Hauser
- Kyle H. Hertel
- Gizie Hirsh
- Jackson R. Hobbs
- Tedrick A. Housh, III, CIPP/US, CIPP/E
- Larry B. Huebner
- Matthew (Matt) A. Jacober
- William (Billy) F. Jones
- David (Dave) J. Katalinas
- Mark Kirsch
- Sheldon H. Klein
- William (Bill) D. Klein
- Gaylen L. Knack
- Craig Knobbe
- Rick E. Kubler
- Robert (Bob) J. Lambrechts, Ph.D.
- James (Jim) D. Lamm
- Richard C. Landon
- Greg A. Larson
- Holly Lechner
- Kiralyn Locke
- Mark Mathison
- Daryn McBeth
- Alana M. McMullin
- Rosalee McNamara
- Brandon Mickelsen
- Jonathan M. Milette, Ph.D.
- Craig P. Miller
- Stephen (Steve) G. Mitchell
- James (Jim) L. Moeller
- Jehan Kamil Moore
- David (Dave) M. Morehouse
- Erika Mortensen
- Kathryn Nash
- Rachel L. O’Connor
- Ryan R. Palmer
- Lyle D. Pishny
- Laura Reathaford
- Julia C. Reiland
- Daniel (Dan) W. Remington
- Marya P. Robben
- Brooke F. Robbins
- Thomas (Tom) A. Rodriguez
- Bridget Romero
- Jessica (Jessie) K. Rosell
- Jack D. Rowe
- Justin L. Sallis
- Frank J. Sciremammano
- William A. Scofield, Jr.
- Shoshanah M. Shanes
- Matthew (Matt) J. Shea
- Eric D. Sidler
- Michael J. Spellberg, Ph.D.
- Kristin M. Stock
- Judith Stone-Hulslander, Ph.D.
- Benjamin (Ben) C. Struby
- Michael L. Sturm
- Daniel (Dan) R. Tenenbaum
- Brian C. Trinque, Ph.D.
- Edward H. Tully
- James A. Wahl
- Jill Waldman
- Matthew (Matt) A. Walker
- Gillian E. Wener
- Lori L. Wiese-Parks
- Mark D. Williamson
- John W. Wizeman, Ph.D.
- Brian Woolley
- Eric L. Yaffe
- Alison E. Zinn
- Robert Zisk
Posts
- Washington Court Grants Summary Judgment Against Attorney General and Awards Fees to Franchisor
January 9, 2025
- Ohio Federal Court Rejects Hotel Franchisors’ Pursuit of Indemnification Under Federal Trafficking Statute but Permits State Law Cross-Claims Against Franchisee to Proceed
January 9, 2025
- California Federal Court Grants Franchisor’s Motion to Compel Arbitration but Finds Forum Selection and Choice of Law Clauses Invalid
January 9, 2025
- Kansas Federal Court Finds Personal Jurisdiction Over Franchisee’s Alleged Competitive Business in Unfair Competition Case
January 9, 2025
- Franchisor Not Liable for Alleged Customer Injuries at Franchised Water Park
January 9, 2025
- Second Circuit Affirms Dismissal of New York Dealer Act Claims
December 12, 2024
- Texas Federal Court Denies Manufacturer’s Motion to Dismiss Complaint Challenging Termination of Dealer Agreements
December 12, 2024
- Pennsylvania Federal District Court Grants Battery Supplier’s Motion to Dismiss Distributor’s Breach of Contract Counterclaims for Wrongful Termination, Breach of Exclusivity Clause and Breach of Good Faith and Fair Dealing
December 12, 2024
- Minnesota Federal Court Grants Furniture Store’s Motion to Compel Arbitration but Stays Rather than Dismisses Sales Representative’s Claims
December 12, 2024
- South Carolina Federal Court Denies a Motion to Dismiss a Dietary Supplement Company’s Trademark Infringement Claims in Connection with Unauthorized Amazon Sales
December 12, 2024
- California Bankruptcy Court Rules that Section 364(c)(1) of the Bankruptcy Code Allows Popeyes Louisiana Kitchen to Block Chapter 11 Debtor’s Motion to Assume Franchise Agreements, Terminating the Debtor’s Chances at Reorganization
November 7, 2024
- Minnesota Federal Court Grants Franchisor’s Motion for Preliminary Injunction for Noncompete and Lanham Act Violations by Out-of-State Franchisee
November 7, 2024
- Michigan Federal Court Grants Domino’s Motion to Compel Arbitration but Denied Motion to Dismiss Claims and Motion for Sanctions
November 7, 2024
- Tennessee Appellate Court Finds that Venue Clause in Franchise Agreement is Permissive and Not Mandatory
November 7, 2024
- Florida Federal Court Finds Extension of Injunction Necessary to Protect Franchisor Rights
November 7, 2024
- Is Your Supply Chain Tidy?
November 7, 2024
- California Federal Court Grants Hotel Franchisor’s Motion for Summary Judgment on Sex Trafficking Claims
November 7, 2024
- California Court of Appeals Affirmed Order Denying Motion to Vacate Judgment from Texas
October 10, 2024
- Michigan Federal Court Grants Motion to Dismiss Claims Against One Owner of Franchisor, Denies Motion to Dismiss Claims Against Another, and Compels Arbitration
October 10, 2024
- Virginia Federal District Court Grants Motion to Transfer Pursuant to Forum Selection Clause Notwithstanding Virginia Retail Franchising Act Claim
October 10, 2024
- Massachusetts Supreme Judicial Court Rules that Franchisees Did Not Perform Services for Franchisor Within the Meaning of the State’s Independent Contractor Law
October 10, 2024
- Franchisee’s Execution of Competing Franchise Agreement During Franchise Term Forecloses Claims Against Former Franchisor
October 10, 2024
- Minnesota Supreme Court Holds that Franchisees Based Outside of Minnesota Are Not Barred from Asserting Claims Under the Minnesota Franchise Act
October 10, 2024
- Washington Federal Court Grants Home Healthcare Services Franchisor’s Motion to Compel Arbitration in Accordance with the Franchise Agreements
September 12, 2024
- Virginia Federal Court Rules It has Subject Matter Jurisdiction Over DTSA Claim Because Foreign Bankruptcy Proceeding Only Stayed Claims Against Debtor, Not Claims Brought by Debtor
September 12, 2024
- Appellate Court in Pennsylvania Affirms Ruling on Gas Station Franchisor’s Indemnification Claims
September 12, 2024
- Ohio Appellate Court Reverses Summary Judgment Holding Regarding Applicability of Area Representative Agreement to Individuals
September 12, 2024
- Michigan Federal Court Grants Franchisor’s Motion for Preliminary Injunction Against Former Restoration Service Franchisee
September 12, 2024
- Michigan Precedent on Michigan Franchise Investment Law Held to Trump Inconsistent Sixth Circuit Precedent on Private Right of Action
September 12, 2024
- Minnesota Enacts Comprehensive Data Privacy Law
August 8, 2024
- Texas Federal District Court Issues Limited Preliminary Injunction as to FTC Noncompete Ban
August 8, 2024
- NLRB Moves to Voluntarily Dismiss Joint Employer Rulemaking Appeal
August 8, 2024
- Illinois Federal Court Denies Alcohol Distributors’ Motion to Dismiss Online Competitor’s Complaint for Alleged Violations of State and Federal Antitrust and Unfair Competition Laws
August 8, 2024
- Wisconsin Federal Court Grants Manufacturer’s Motion to Dismiss Magnuson-Moss Warranty Act and Antitrust Claims
August 8, 2024
- Court Denies Distributor’s Motion for Summary Judgment on Wisconsin Fair Dealership Law Claims
August 8, 2024
- Seventh Circuit Court of Appeals Affirms District Court’s Partial Dismissal of Complaint for Breach of Distributor Agreement by Manufacturer
August 8, 2024
- Minnesota State Court Grants Franchisor’s Motion for Preliminary Injunction Enjoining Franchisee from Violating Post-Termination Obligations and Noncompete Covenant
July 3, 2024
- California Federal Court Dismisses Discrimination and Tortious Interference Claims Brought Against Car Manufacturer and Its Franchisee
July 3, 2024
- Michigan Court of Appeals Affirms Dismissal of Certain Franchisee Claims Against Franchisor Due to Release of Liability and Untimely Witness Lists
July 3, 2024
- California Federal Court Grants Franchisor’s Motion to Dismiss Non-Dairy Alternative Surcharge Class Action Suit
July 3, 2024
- New York Federal Court Concludes Interim Arbitration Order Is Final and Confirms the Order Requiring Franchisor’s Payments to Developer
July 3, 2024
- Supreme Court Reverses Ninth Circuit Decision Dismissing Matter Pending Arbitration and Requires a Temporary Stay of Proceedings Instead of Dismissal
July 3, 2024
- Payment Card Settlement Claim Deadline Extended to August 30, 2024
June 6, 2024
- United States Department of Justice and United States Securities and Exchange Commission Jointly Target FAT Brands, Its Founder, and Two Former CFOs
June 6, 2024
- New York Federal Court Grants Hotel Franchisors’ Motion to Dismiss for Lack of Jurisdiction on Negligence Claims
June 6, 2024
- New Jersey Federal Court Denies Motion for Reconsideration and Alternative Motion for Leave to File an Interlocutory Appeal
June 6, 2024
- Colorado Federal Court Denies Franchisee’s Motion to Dismiss on the Basis of Forum Non Conveniens Based on Forum Selection Clause in the Franchise Agreement
June 6, 2024
- North Carolina Federal Court Rejects Hotel Franchisor’s Motion to Dismiss Customer’s Breach of Contract Claim
June 6, 2024
- Illinois Federal Court Denies Cross Motions for Summary Judgment on Breach of Contract and Guaranty Claims Due to Ambiguity in the Franchise Agreement
June 6, 2024
- California Federal Court Grants Retail Franchisor’s Motion to Compel Arbitration and Dismisses Action
June 6, 2024
- New Jersey Appellate Court Holds Automotive Retailers Association Has Associational Standing to Assert Claims Under New Jersey Franchise Practices Act.
May 9, 2024
- Texas Federal Court Determines Forum Selection Clause Provides Personal Jurisdiction Over Franchisee Co-Owner Despite Not Signing in Individual Capacity
May 9, 2024
- New Jersey Federal Court Partially Enforces Noncompete Covenant Against Former Franchisee
May 9, 2024
- Bankruptcy Court Grants Motion of Franchisee Debtor to Reject Franchise Agreement, Concludes Noncompete and Confidentiality Provisions Enforceable Post-Rejection
May 9, 2024
- Ohio Federal Court Grants Hotel Franchisors’ Motions for Summary Judgment on Sex Trafficking Claims
May 9, 2024
- United States Supreme Court Expands Worker Exemption in Federal Arbitration Act
May 9, 2024
- After Bench Trial, Texas Federal Court Finds No Breach of Noncompete for Selling Competing Product
April 11, 2024
- Washington Federal Court Grants, In Part, Distributor’s Motion to Dismiss Claim for Breach of a Noncompete Provision and Related Claims
April 11, 2024
- California Federal Court Grants Summary Judgment to Distributor for Breach of Exclusivity Provision by Supplier
April 11, 2024
- FTC and DOJ Recommend Renewing and Expanding “Right to Repair” Exemptions Under the Digital Millenium Copyright Act
April 11, 2024
- Minnesota Federal Court Enforces Noncompete Covenant Against Manufacturer’s Former Employees, but Finds No Jurisdiction over Competing Manufacturer
April 11, 2024
- Federal Court Vacates 2023 NLRB Joint Employment Rule and Reinstates 2020 Rule
March 14, 2024
- Illinois Federal Court Grants Franchisor’s Motion to Dismiss Terminated Franchisee’s Fraudulent Misrepresentation and Breach of Contract Claims
March 14, 2024
- California Court of Appeals Affirms Rejection of Reverse Royalty Damages in a Breach of Contract Action by Franchisee
March 14, 2024
- Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court
March 14, 2024
- Virginia Federal Court Dismisses Franchisor’s Trade Secret Claim for Failure to Plead with Specificity
March 14, 2024
- Eleventh Circuit Holds Franchisor’s Justified Threat of Criminal Prosecution Does Not Justify Setting Aside Settlement Agreement with Franchisee for Duress
March 14, 2024
- Federal Circuit Reverses Preliminary Injunction on Franchisor’s Patent and Trade Dress Infringement Claim
March 14, 2024
- Illinois Federal Court Grants Franchisor Summary Judgment on Claim Under the Illinois Franchise Disclosure Act
February 15, 2024
- Connecticut Federal Court Awards Prevailing Sales Representative Less than Half of Requested Attorneys’ Fees
February 15, 2024
- Franchisor Settles Antitrust Claims in Broker Commission Antitrust Litigation
February 15, 2024
- Florida Federal Court Allows Franchisor’s Lanham Act and Breach of Contract Claims to Proceed
February 15, 2024
- Arizona Federal Court Grants Temporary Restraining Order and Preliminary Injunction Against Former Franchisee for Violation of Noncompete
February 15, 2024
- Focus on Franchisors: Keller Williams Realty
January 18, 2024
- Maryland Federal Court Recertifies Class Action Against Hotel Franchisor for Claims Related to Data Breach
January 18, 2024
- Eleventh Circuit Affirms in Part, Reverses in Part, District Court Determination to Blue Pencil and Enforce Noncompete Agreement
January 18, 2024
- California Federal Court Denies Franchisor’s Motion to Dismiss Consumer’s Claims Alleging Violation Under the Unfair Practices Prong of California’s Unfair Competition Law
January 18, 2024
- California Appellate Court Rules that Customer Agreed to Franchisor’s Arbitration Requirement in “Clickwrap” Agreement
January 18, 2024
- North Carolina Federal Court Stays Litigation of Non-arbitrable Claims Pending Resolution of Related Arbitration
January 18, 2024
- Georgia Federal Court Dismisses Human Trafficking Claims Against Franchisor
January 18, 2024
- ESG Policies Promote Diversity and Inclusiveness for Franchise Companies
December 8, 2023
- Wisconsin Federal Court Rules Manufacturer’s Planned Expansion to Amazon.com Violated the Wisconsin Fair Dealership Law.
December 8, 2023
- Puerto Rico Federal Court Denies Distributor’s Motion for Preliminary Injunction to Allow Distributor to Continue to Sell Manufacturer’s Products During Litigation
December 8, 2023
- Washington Federal Court Denies Motion to Dismiss Out-of-State Distillers Constitutional Challenge to Washington’s Distillery Regulatory Scheme
December 8, 2023
- Seventh Circuit Affirms Dismissal of Inventor’s Claim that Distributor Failed to Use Commercially Reasonable Efforts to Sell Its Products
December 8, 2023
- Eleventh Circuit Affirms Dismissal of Boycott Conspiracy Claim Against Heavy Equipment Dealers
December 8, 2023
- Diversity in Franchising – Franchisors Explore Various Avenues
November 1, 2023
- New Jersey Federal Court Denies Customers’ Motion to Declare Class Action Waiver & Arbitration Provision Invalid
November 1, 2023
- Tennessee Federal Court Enforces Delegation Provision and Compels Dozens of Franchisees to Arbitration
November 1, 2023
- Florida Federal Court Denies Motion to Vacate Arbitration Award Brought by Franchisee Who Claimed Not to Have Notice of the Arbitration Hearing
November 1, 2023
- Eighth Circuit Rules a Franchisor Is Not Entitled to Compel Arbitration of its Own Claims After Receiving a Series of Unfavorable Decisions from the Court
November 1, 2023
- Virginia Federal Court Denies Franchisor’s Motion for Preliminary Injunction
November 1, 2023
- Diversity in Franchising: Dallas Startup Week Provides Opportunities for Franchise Startups and Entrepreneurs to Connect
October 5, 2023
- Massachusetts Federal Court Grants Manufacturer’s Motion to Dismiss Distributor’s Franchise Law Counterclaims
October 5, 2023
- California Federal Court Declares Arbitration Clause Unenforceable
October 5, 2023
- Pennsylvania Federal Court Rules It Has Subject Matter Jurisdiction to Decide Trade Secret Claim but Dismisses as Untimely Franchisor’s Conversion and Noncompete Claims
October 5, 2023
- Kentucky Federal Court Questions Proposed $5 Million Settlement in Anti-poaching Class Action
October 5, 2023
- First Circuit Certifies Second Employee Misclassification Question to Massachusetts Supreme Court in Ongoing 7-Eleven Case
October 5, 2023
- Fifth Circuit Affirms Enforcement of Jury Trial Waiver in Franchise Transfer Agreement
October 5, 2023
- A Franchise Success Story: Iris Rosario, Senior Counsel of Franchise for Choice Hotels Intl.
September 7, 2023
- Utah Federal Court Denies Franchisor’s Motion for Preliminary Injunction Against Competitor
September 7, 2023
- Michigan Federal Court Grants Summary Judgment Enforcing Franchise Agreement Termination and Awarding Liquidated Damages and Attorneys’ Fees
September 7, 2023
- North Carolina Federal Court Rules That Franchise Agreement’s 1-Year Statute of Limitations Clause Barred Action Against Franchisor Hounds Town USA
September 7, 2023
- Illinois Appellate Court Upholds Dismissal of Vicarious Liability Claim Against Franchisor Due to Franchisor’s Lack of Day-to-Day Control over Franchisees
September 7, 2023
- Tenth Circuit Holds that Good Faith and Fair Dealing Claim Requires Expectation Created by Express Contract Terms
September 7, 2023
- Seventh Circuit Reverses Dismissal of Anti-Poaching Class Action Against McDonald’s
September 7, 2023
- Focus on Franchisors: Ben & Jerry’s
August 10, 2023
- California Court of Appeals Denies Manufacturer’s Motion to Compel Arbitration Under Sales Contract to Which It Was Not a Party
August 10, 2023
- Fifth Circuit Affirms Ruling in International Breach of Contract Case
August 10, 2023
- Fifth Circuit Affirms Dismissal and Summary Judgment on Distributor’s Claims for Fraud and Breach of Contract Against Manufacturer
August 10, 2023
- Tennessee Federal Court Validates Oral Sales Representative Contract and Invalidates Oral Service Contract
August 10, 2023
- Louisiana Federal Court Dismisses Tesla’s Challenge to Ban on Direct Automobile Sales
August 10, 2023
- Increasing Diversity in Franchising: Business and Legal Considerations for Franchisees
July 6, 2023
- Tennessee Federal Court Compels Arbitration in Fraudulent Inducement Dispute
July 6, 2023
- Maine Federal Court Grants Franchisor’s Motion to Dismiss Age Discrimination Claim Brought by Franchisee’s Independent Contractor
July 6, 2023
- Kansas Federal Court Quashes Deposition of Franchisee’s General Counsel
July 6, 2023
- ESG Essentials for Franchise Companies
June 8, 2023
- Increasing Diversity in Franchising – Scaling Minority Business Enterprises Through Franchising
June 8, 2023
- Minnesota Prohibits Certain Restrictive Covenants in Franchise Agreements
June 8, 2023
- Ohio Federal Court Denies Franchisor’s Motion for Summary Judgment on Area Representatives’ Claims in Renewal Dispute
June 8, 2023
- Michigan Federal Court Grants Motion to Dismiss for Lack of Personal Jurisdiction and <em>Forum Non Conveniens</em>
June 8, 2023
- Florida Federal Court Dismisses Matter <em>Sua Sponte </em>Pursuant to Forum-Selection Clause in the Franchise Agreement
June 8, 2023
- Minnesota Bankruptcy Court Enjoins Franchisee’s Breach of Post-Termination Noncompete
June 8, 2023
- Michigan Federal Court Denies Franchisor’s Motion to Dismiss Claims of Sexually Hostile Work Environment and Retaliatory Termination at Franchised Units
June 8, 2023
- Tennessee Federal Court Compels Arbitration in Fraudulent Inducement Case and Grants Preliminary Injunction Enjoining Enforcement of Noncompete
June 8, 2023
- Increasing Diversity in Franchising – Meet Carlos White
May 4, 2023
- Small Business Administration Eliminates Franchise Directory
May 4, 2023
- New Jersey Federal Court Enforces Settlement Agreement Consent Judgment
May 4, 2023
- California Federal Court Concludes California Franchise Relations Act Applies to Termination of Operator Agreement
May 4, 2023
- Oklahoma Federal Court Grants Franchisor’s Post-Termination Motion for Preliminary Injunction Related to Trademark Infringement
May 4, 2023
- Delaware Bankruptcy Court Grants Motion to Dismiss Time-Barred Claims for Breach of Franchise Agreement
May 4, 2023
- Tennessee Federal Court Grants Franchisor’s Motion to Dismiss Claims for Negligent Hiring of Franchisee
May 4, 2023
- Increasing Diversity in Franchising – Focus on Franchise Systems
April 5, 2023
- Ohio Federal Court Denies Distributor’s Motion for Preliminary Injunction Following Importer’s Bankruptcy
April 5, 2023
- New York Federal Court Upholds Arbitrator’s Rejection of Choice-of-Law Provision
April 5, 2023
- Tennessee Federal Court Declines to Determine Whether Retirement of CEO Constitutes “Substantial” Change in Ownership at Motion to Dismiss Phase
April 5, 2023
- Tennessee Federal Court Denies Franchisor’s Motion to Dismiss Claims of Bad Faith in Denying Relocation
April 5, 2023
- New Jersey Federal Court Holds Automobile Retailer Association Cannot State Claim Under Franchise Practices Act
April 5, 2023
- Increasing Diversity in Franchising – Where Are We and How Can We Improve?
March 9, 2023
- Maryland Federal Court Denies Motion to Dismiss for <em>Forum Non Conveniens</em> but Grant’s Franchisee’s Motion to Dismiss for Personal Jurisdiction
March 9, 2023
- Oregon Federal Court Holds Nonsignatory Owners Are Not Subject to Arbitration Provision
March 9, 2023
- New York Appellate Court Dismisses Royalties Claim Because of Franchisor’s Breach Under Preliminary Injunction
March 9, 2023
- Ohio Federal Court Denies Motion to Dismiss Based on General Releases
March 9, 2023
- Virginia Federal Court Enforces Alleged “Scrivener’s Error” Extending Term
March 9, 2023
- Arizona Federal Court Declines to Enforce Noncompete Provisions Against Nonsignatories
March 9, 2023
- Massachusetts Federal Court Denies Franchisor’s Attorneys’ Fees Request
February 9, 2023
- New Jersey Federal Court Finds Franchisee’s Defense of Fraudulent Inducement Sufficient to Block Franchisor’s Motion for Summary Judgment on Its Claim for Breach of Contract
February 9, 2023
- Minnesota Federal Court Holds Assignment of Franchise Does Not Constitute a Sale Under the Minnesota Franchise Act
February 9, 2023
- New Jersey Federal District Court Denies Franchisee’s Motion to Compel Arbitration and Grants Franchisor’s Motion to Dismiss
February 9, 2023
- New York Federal Court Denies Franchisor’s Motion for Preliminary Enforcement of Noncompete
February 9, 2023
- Nevada Federal Court Transfers Venue to Illinois Notwithstanding Forum-Selection Clause
February 9, 2023
- Missouri Federal Court Denies Summary Judgment to Franchisors on Antitrust Claims
January 11, 2023
- Florida Federal Court Grants Franchisor’s Motion to Dismiss Breach of Implied Covenant of Good Faith and Fair Dealing Claims
January 11, 2023
- Federal Trade Commission Announces New Guidance on Health-Related Advertising
January 11, 2023
- Are You Ready for 2023’s New Data Privacy Laws?
January 11, 2023
- California Court of Appeals Denies Franchisor’s Motion to Compel Customer to Arbitrate Based on “Terms of Use”
January 11, 2023
- Connecticut Federal Court Denies Franchisee’s Motion for Temporary Restraining Order Following Termination
January 11, 2023
- Louisiana Appeals Court Affirms Dismissal of Vicarious Liability Claim
January 11, 2023
- Ninth Circuit Affirms Decision that Franchisees Are Not Employees of Franchisor
January 11, 2023
- Michigan Federal Court Grants Partial Summary Judgment to Supplier Defending Claims Under Oral Contract
December 8, 2022
- Illinois Federal Court Enforces Choice of Law Provision in Distributor Agreement
December 8, 2022
- Delaware Court Rules Tesla Cannot Bypass Distribution Regulations by Using Direct-to-Consumer Business Model
December 8, 2022
- Illinois Federal Court Grants Franchisor’s Motion to Dismiss Nonrenewal Claim
December 8, 2022
- New York Federal Court Denies Motions for Summary Judgment Due to “Dueling” Expert Reports
November 10, 2022
- Missouri Federal Court Enforces Franchise Agreement Forum Selection Provision
November 10, 2022
- New Jersey Federal Court Denies Motion for Default Judgment for Lack of Subject-Matter Jurisdiction
November 10, 2022
- Massachusetts Federal Court Grants Summary Judgment on Franchisees’ Independent Contractor Claims
November 10, 2022
- New Jersey Federal Court Denies Franchisor Preliminary Injunction Due to Delay
November 10, 2022
- Ohio Federal Court Grants Franchisor Attorneys’ Fees for Successfully Dismissing Fraud Claims Even Though Other Claims Remain Pending
October 6, 2022
- Texas Federal Court Awards Damages for Franchisee’s Use of Marks After Termination
October 6, 2022
- Nevada Federal District Court Denies Franchisee’s Motion for Preliminary Relief Allowing It to Continue to Operate
October 6, 2022
- Ohio Federal Court Grants Preliminary Injunction Enforcing Noncompete and Post-Term Transfer of Telephone Numbers
October 6, 2022
- Virginia Federal Court Transfers Case Contrary to Forum Selection Clause
October 6, 2022
- NASAA Adopts Franchise Acknowledgement Policy That is Harmful to Franchisors
October 6, 2022
- California Enacts Significant Changes to the California Franchise Relations Act and Franchise Investment Law
October 6, 2022
- Pennsylvania Federal Court Grants Summary Judgment to Franchisor on Joint Employer Claim
September 8, 2022
- Oklahoma Federal Court Enjoins Former Franchisee from Infringing Franchisor’s Trademarks and Violating Noncompete
September 8, 2022
- Florida Federal Court Grants Preliminary Injunction Enforcing Covenant Not to Compete
September 8, 2022
- Texas Bankruptcy Court Allows Franchisor to Seek Enforcement of Nondisclosure and Nondisparagement Agreements in Bankruptcy
September 8, 2022
- Wisconsin Federal Court Holds Franchisor’s Right to Approve Transfer Includes Right to Condition Transfer on Signing of New Franchise Agreement
September 8, 2022
- Illinois Federal Court Grants Motion to Dismiss Biometric Information Privacy Act Claim
September 8, 2022
- Eleventh Circuit Enforces Floating Forum Selection Clause
September 8, 2022
- Eleventh Circuit Reverses Burger King Anti-Poaching Decision, Holding that a Franchisor and its Franchisees Are Separate Entities Capable of Conspiring
September 8, 2022
- Eleventh Circuit Affirms Award of Attorneys’ Fees Following Arbitration
August 11, 2022
- Two Franchisors Agree to Settle Anti-Poaching Class Actions
August 11, 2022
- Illinois Federal Court Rules Distributor Agreement’s Requirement to Carry Inventory above Wholesale Could Constitute a Franchise Fee Under the Illinois Franchise Disclosure Act
August 11, 2022
- Seventh Circuit Affirms Ruling that Wisconsin Fair Dealership Law Does Not Apply to Retailer of Citizen Watches
August 11, 2022
- Retroactive Application of Good Cause Termination Requirement Does Not Violate Texas Constitution
August 11, 2022
- New York Federal Court Denies in Part Motion to Dismiss Fraud and Negligent Misrepresentation Claims Against Kickboxing Studio Franchisor
July 14, 2022
- Utah Court of Appeals Affirms Enforcement of a “Walk-Away” Settlement Agreement
July 14, 2022
- New York Federal Court Strikes One Untimely Expert Report, but Allows Another
July 14, 2022
- New Jersey Federal Court Grants Preliminary Injunction Against Former Home Inspection Franchisee and His Associates
July 14, 2022
- Maryland Federal Court Enforces Post-Term Noncompete and Awards Liquidated Damages Against Former Franchisee
July 14, 2022
- Quick-Service Restaurant Franchisors Targeted by “Forever Chemical” Class Action Litigation
June 16, 2022
- New Jersey Federal Court Enters Default Judgment Against Franchisee and Guarantors
June 16, 2022
- Oklahoma Federal Court Denies Franchisor’s Motion to Dismiss Fraud Counterclaims
June 16, 2022
- New Jersey Federal Court Holds Exculpatory Language in Franchise Agreement Does Not Preclude Franchisee’s Fraudulent Inducement Claims
June 16, 2022
- New York Federal Court Denies Franchisor’s Preliminary Injunction Motion
June 16, 2022
- Tenth Circuit Upholds Preliminary Injunction Against Former Franchisee
June 16, 2022
- Tennessee Federal Court Denies Boating-Club Franchisor’s Motion for Preliminary Injunction and Dissolves Existing Temporary Restraining Order
May 5, 2022
- Florida Federal Court Enforces Explicit Contract Terms in Finding for Franchisor on Area Development Agreement Breach Claims
May 5, 2022
- New York Federal Court Dismisses ADA Claims Against Franchisor
May 5, 2022
- Illinois Federal Court Denies Subway’s Motion to Dismiss Biometric Information Privacy Act Claim
May 5, 2022
- Connecticut State Court Dismisses Claims Against Hotel Franchisor for Personal Injury at Franchisee’s Hotel
May 5, 2022
- Illinois Federal Court Dismisses Franchisee Employee’s Hostile Work Environment Claims Against Franchisor
May 5, 2022
- New Jersey Federal Court Denies Franchisor Summary Judgment on Employment Claims
May 5, 2022
- Federal Circuit Finds Car Dealership Agreements Do Not Establish Jurisdiction Over Manufacturers
April 7, 2022
- Mississippi Federal Court Affirms Trademark Licensee’s Standing to Enforce Territorial Rights and Assert Unfair Competition Claim Against Wholesaler Competitors
April 7, 2022
- Georgia Federal Court Finds Factual Disputes Remain Regarding Manufacturer Rejection of Proposed Transferee
April 7, 2022
- Missouri Federal Court Finds Remaining Factual Disputes Prevent Summary Judgment on Termination Claims
April 7, 2022
- Minnesota Federal Court Holds that Optional Parts Purchases Do Not Constitute an Indirect Franchise Fee
April 7, 2022
- Missouri Federal Court Grants Summary Judgment on Vicarious Liability Claims Against Franchisor
March 9, 2022
- New York Federal Court Denies Motion for Judgment on the Pleadings on Joint Employer Claims
March 9, 2022
- Pennsylvania State Court Affirms Summary Judgment in Favor of Franchisor Despite Outstanding Discovery Requests
March 9, 2022
- New York Federal Court Rejects Former Employees’ Attempt to Apply Single Integrated Enterprise Doctrine to Franchisor
March 9, 2022
- New Jersey Federal Court Denies Franchisor’s Motion for Summary Judgment for Breach of Contract Claim Based Upon Franchisor’s Own Potential Breach
February 10, 2022
- Texas Appellate Court Holds Franchisor Did Not Waive Nonpayment Claims
February 10, 2022
- Tennessee Federal Court Refuses to Dismiss Fraud Claims Based on Disclaimers
February 10, 2022
- Tennessee Appeals Court Affirms Denial of “Motion to Correct Misnomer” and Declines to Review Grant of Summary Judgment on Premises Liability Claims
February 10, 2022
- California Federal Court Denies Franchisor’s Motion for Temporary Restraining Order Against Franchisee’s Anticipatory Breach
February 10, 2022
- New Jersey Federal Court Concludes that Forum Selection Clause Is Mandatory But Was Waived by Plaintiff’s Initial Case Filing
February 10, 2022
- California Federal Court Enjoins Former Franchisee’s Brother from Use of Mark Similar to Franchisor’s Unregistered Mark
January 13, 2022
- Ohio Federal Court Transfers Franchisee’s Antitrust Class Action
January 13, 2022
- South Carolina Federal Court Finds Exercise of Personal Jurisdiction over Ohio Franchisor Would Violate Due Process
January 13, 2022
- Georgia Federal Court Denies Franchisor’s Motion to Dismiss Good Faith and Fair Dealing Counterclaim
January 13, 2022
- Colorado Federal Court Denies Franchisor’s Motion to Set Aside a Jury Award for Breach of the Covenant of Good Faith and Fair Dealing
January 13, 2022
- Maine Federal Court Awards Attorneys’ Fees and Costs Incurred in Arbitration
January 13, 2022
- NASAA Group Proposes to Ban Most Acknowledgments and Compliance Questionnaires Used by Franchisors—Lathrop GPM Vigorously Objects
January 13, 2022
- California Federal Court Denies Distributor’s Claim of a Perpetual Distributorship
December 9, 2021
- Michigan Federal Court Enforces Explicit Contract Terms in Deciding Breach Claims
December 9, 2021
- New York Federal Court Finds Supply Agreement Not to Be a Binding Contract
December 9, 2021
- Illinois Federal Court Finds Draft Agreements and Related Communications Do Not Show Formation of Exclusive Distribution Agreement
December 9, 2021
- Sixth Circuit Affirms that Licensing Agent Did Not Have Contractual Right to Royalties in New Agreement Between Licensor and Manufacturer
December 9, 2021
- Third Circuit Finds that Consent Decree Obligations Survive Termination of Litigation and Were Violated
December 9, 2021
- Ninth Circuit Reverses Class Action Settlement Approval and Fee Award
November 4, 2021
- Sixth Circuit Holds Forum Selection Clause Unenforceable
November 4, 2021
- Massachusetts Federal Court Dismisses Individual’s Claims Related to Ongoing Arbitration Against Franchisee
November 4, 2021
- California Federal Court Denies Summary Judgment on Franchisee’s CFIL Claim
November 4, 2021
- New Jersey Federal Court Denies Franchisee Judgment on the Pleadings on Future Royalties Claim
November 4, 2021
- Nebraska Federal Court Denies Preliminary Injunction to Licensor Because of Delay in Seeking Injunctive Relief
November 4, 2021
- Illinois Federal Court Grants Summary Judgment Dismissing Claim that Franchisor Violated ADA by Not Serving Pedestrians at a Drive-Through
November 4, 2021
- Global Franchise Regulation Update
November 4, 2021
- Second Circuit Affirms Dismissal of Franchisees’ Minimum Wage and Unjust Enrichment Claims
October 6, 2021
- California Federal Court Holds Franchisees Are Not Employees of Franchisor
October 6, 2021
- Illinois Federal Court Rules Circumstantial Evidence of Franchise Developer’s Misappropriation of Trade Secrets Precludes Summary Judgment
October 6, 2021
- Indiana Federal Court Enforces Noncompete Against Former Steak N Shake Franchisee
October 6, 2021
- New Jersey Federal Court Awards $7 Million in Damages for Franchisees’ Breach
October 6, 2021
- Franchisor’s Claim for Liquidated Damages Survives Motion to Dismiss
October 6, 2021
- Increasing Diversity in Franchising
October 6, 2021
- Two Illinois Federal Courts Deny Class Certification in Anti-Poaching Class Actions Against Franchisors
September 2, 2021
- EU Issues New Standard Contractual Clauses for Data Transfers
September 2, 2021
- California Court Affirms Ruling that Contingent Offer to Purchase Franchise Was Not a Valid, Bona Fide Offer, Triggering Franchisor’s Right of First Refusal
September 2, 2021
- Illinois Federal Court Allows Franchisor to Proceed, in Part, with Its Claims Regarding Underreported Gross Sales
September 2, 2021
- Oregon Federal Court Enforces Arbitration Provision Against Franchisees’ Employees but Strikes Forum Selection Provision and Limitation on Damages
September 2, 2021
- On Motion for Reconsideration, Pennsylvania Federal Court Finds Franchisor’s Arbitration Agreement Invalid
September 2, 2021
- First Circuit Affirms No Waiver of Right to Arbitrate
September 2, 2021
- Sixth Circuit Affirms Michigan Federal Court’s Decision to Exercise Jurisdiction and Apply Michigan Law
August 5, 2021
- Wisconsin Federal Court Concludes Contract to Sell Garmin Watches Was Not a Dealership Under the Wisconsin Fair Dealership Law
August 5, 2021
- Wisconsin Federal Court Grants Distributor’s Motion to Dismiss Fraudulent Inducement Claims
August 5, 2021
- Eleventh Circuit Affirms Ruling that Manufacturer Is Not Bound by Agreement to Which It Was Not a Party
August 5, 2021
- Minnesota Federal Court Grants Distributor’s Motion for Preliminary Injunction to Prevent Former Licensee from Continuing to Sell Distributor’s Products
August 5, 2021
- New Jersey Federal Court Holds Unlawful Chargebacks Claim Barred by New Jersey Franchise Protection Act
August 5, 2021
- Engine Distributor Spins Its Wheels in Termination Appeal
August 5, 2021
- Missouri Federal Court Holds Franchisor Controls Sufficient to Survive Motion to Dismiss Joint Employer Claim
July 8, 2021
- Louisiana Appellate Court Affirms Decision Enforcing Provisions of Lost or Stolen Franchise Agreement
July 8, 2021
- Colorado Federal Court Holds Former Franchisee in Contempt and Awards Attorneys’ Fees to Franchisor for Violations of Preliminary Injunction
July 8, 2021
- Arizona Federal Court Grants Temporary Restraining Order for Franchisor That Terminated Franchise Agreement Without Opportunity to Cure
July 8, 2021
- Louisiana Federal Court Applies Virginia State Law to Extend Post-Termination Covenants Beyond Period of Non-Compliance
July 8, 2021
- New York Federal Court Dismisses Suit Against Franchisor and its Successor-in-Interest for Lack of Personal Jurisdiction and Failure to State a Claim
July 8, 2021
- Join Us for Lathrop GPM’s State of Litigation Virtual Event Series
June 3, 2021
- Illinois Federal Court Affirms Exclusion of Plaintiff’s Expert Testimony on Certification Motion in Anti-Poaching Class Action
June 3, 2021
- Franchisee Association Suit Against Franchisor Dismissed for Lack of Standing
June 3, 2021
- New Hampshire Federal Court Rules that Franchise Agreement Does Not Excuse Franchisor from Tortious Interference with Franchisee’s Third-Party Contracts
June 3, 2021
- Eighth Circuit Holds Forum Non Conveniens Argument Is Untimely
June 3, 2021
- California Federal Court Enforces Noncompete Against Former Franchisee
June 3, 2021
- New Jersey Federal Court Grants Franchisor Preliminary Injunction to Stop Franchisee’s Breach of Post-Termination Covenants
June 3, 2021
- Virginia Federal Court Permits Franchisor’s Former In-House Counsel to Represent Area Developers in Dispute with Franchisor
June 3, 2021
- New York Federal Court Holds Franchisor is Not a Joint Employer
May 6, 2021
- Michigan Federal Court Declines to Extend Franchise Agreement Arbitration Provision to Subsequent Service Contract
May 6, 2021
- Illinois Federal Court Compels Arbitration of Putative Class Action Claims Related to the Pandemic
May 6, 2021
- Minnesota Federal Court Rules that Fraud and Misrepresentation Claims Against Franchise Broker Fail Because Alleged Misrepresentations Were Puffery
May 6, 2021
- Pennsylvania Federal Court Compels Individual Arbitration of Claims Asserted by 90 Franchisees
May 6, 2021
- Texas Federal Court Denies Motion for Summary Judgment Regarding Franchisor’s Vicarious Liability in Wrongful Death Claim
May 6, 2021
- Tennessee Federal Court Rules Franchisor Lacks Day to Day Control over Franchisee, Defeating Vicarious Liability Claim Against Franchisor
May 6, 2021
- Illinois Federal Court Denies Temporary Restraining Order Seeking to Prevent Termination While Litigation Was Pending
May 6, 2021
- California Federal Court Rejects Request to Disqualify JAMS from Conducting Arbitration
April 8, 2021
- Ohio Federal Court Finds Distributor Adequately Alleged Breach of Fiduciary Duty Claim Against Manufacturer
April 8, 2021
- Maryland Court Holds Sale of Beer Distributor’s Parent Company Not Enough to Trigger Distributor’s Right to Terminate Distributorship Agreement Without Good Cause Under State Law
April 8, 2021
- First Circuit Upholds an Implied Contract Between a Manufacturer and a Distributer
April 8, 2021
- First Circuit Affirms Unjust Impairment and Termination Claims Against John Deere, Citing Its Failure to Provide Access to Necessary Training and Prior History of Accepting Late Payments
April 8, 2021
- New Jersey Federal Court Grants Summary Judgment for Manufacturer on Unlawful Termination Claim
April 8, 2021
- Michigan Federal Court Dismisses Claims that Brewer Breached Requirements Contract by Reducing Purchases to Zero
April 8, 2021
- Kentucky State Court Finds Franchisee Owner Lacks Standing to Sue, Holding that the Franchisee Entity was the Proper Plaintiff
March 10, 2021
- Court Enjoins Dallas Business from Using Trademarked Frosting Pattern
March 10, 2021
- Illinois Federal Court Holds Franchisor’s Insurance Coverage May Include Costs of Complying with an Injunction Requiring COVID-19 Safety Precaution
March 10, 2021
- Connecticut Federal Court Enforces Predecessor Franchisor Choice of Law Provision in Master Franchise Agreement
March 10, 2021
- Class Action Damages Cannot Quite Fill the Class Action Fairness Act’s Glass
March 10, 2021
- “Four Strikes” Termination Provision in Franchise Agreement Satisfies MichiganFranchise Investment Law’s Good Cause Termination Requirement
March 10, 2021
- Illinois Federal Court Excludes Plaintiffs’ Expert Testimony on Certification Motion in Anti-Poaching Class Action
March 10, 2021
- New Laws in Belgium and Netherlands Impact Franchise Regulations
February 11, 2021
- President Biden Freezes DOL Final Rule on Independent Contractor Classification
February 11, 2021
- Texas Federal Court Partially Grants Franchisor’s Motion to Dismiss California Franchise Law Claims
February 11, 2021
- New Jersey Federal Court Enforces Contractual Choice of Law in Franchise Agreements, but Not in Related Lease Agreements
February 11, 2021
- Delaware Court Finds Plaintiff Sufficiently Pled a Plausible Claim for Relief Against Franchisor for Acts of Franchisee’s Former Employee
February 11, 2021
- New Jersey Federal Court Finds Hilton Not Liable for Accidental Drowning at Franchised Hotel
February 11, 2021
- New Jersey Federal Court Denies Injunction to Franchisee Arguing that Franchisor Imposed Terms of Agreement in Defiance of Local Law
February 11, 2021
- California Federal Court Denies Franchisor’s Motion to Dismiss California Unfair Competition Law Claims Arguably Barred by Statute of Limitations
February 11, 2021
- California Supreme Court Applies Independent Contractor Standard Retroactively; Does Not Reach Applicability to Franchises
February 11, 2021
- Three Firm Attorneys Named to Missouri Power 30 List for Lobbyist Work
January 28, 2021
- Lathrop GPM Franchise Team Argues FTC Rule Does Not Require Material Changes; Evidence Does Not Support Need for Revision
January 14, 2021
- Missouri Appellate Court Reverses Application of Franchise Agreement Fee Provision to Claim of Fraudulent Inducement
January 14, 2021
- Missouri Federal Court Partially Grants Franchisees’ Motion to Dismiss Franchisor’s Lanham Act Claims and Stays Proceedings on Surviving Claims Pending Resolution of Parallel Proceedings in North Carolina State Court
January 14, 2021
- Franchisee’s Claim that Franchisor Breached the Implied Covenant Survives Motion to Dismiss
January 14, 2021
- North Carolina Federal Court Dismisses Fraud and Other Claims Against Restaurant Franchisor
January 14, 2021
- Michigan Federal Court Rules Against Franchisee on Most Fraud Claims
January 14, 2021
- Massachusetts Federal Court Declines to Dismiss Parent Company Based on Plausible Allegations of Joint Employer Status
January 14, 2021
- Pennsylvania Federal Court Dismisses Joint Employer Claims Against McDonald’s
January 14, 2021
- Sixth Circuit Affirms Summary Judgment Enforcing Franchise Agreement Termination and Awarding Liquidated Damages
January 14, 2021
- Fifth Circuit Reverses Trial Court’s Excusal of Area Representative’s Tardy Renewal Notice
January 14, 2021
- Franchise Year in Review
December 9, 2020
- Wisconsin Federal Court Preliminarily Enjoins Termination of Exclusive Distributorship
December 9, 2020
- Puerto Rican Federal Court Partially Grants Manufacturer’s Motion for Summary Judgment on Wrongful Termination Claim
December 9, 2020
- Wisconsin Federal Court Enforces Broad Release Language to All Agreements Between Manufacturer and Dealership
December 9, 2020
- Maryland Federal Court Rejects Manufacturer’s Motion to Dismiss Distributor’s Claims for Breach of Contract and Tortious Interference
December 9, 2020
- California Federal Court Refuses to Dismiss Manufacturer’s Breach of Contract Claim Against Distributor but Dismisses Fraud Claim
December 9, 2020
- Michigan Federal Court Concludes Licensing Agent Did Not Have Contractual Right to Royalties in “New” Agreement Between Licensor and Manufacturer
December 9, 2020
- Second Circuit Affirms Dismissal of Distributor’s Breach of Contract Claims
December 9, 2020
- Illinois Federal Court Partially Dismisses Counterclaims Arising out of Expired Area Developer Agreement
November 5, 2020
- California Federal Court Finds No Unlawful Discrimination in Franchise System’s Late-Night Drive-Thru-Only Service
November 5, 2020
- New York Federal Court Allows Franchisor to Pursue Breach of Contract Claim Against Guarantor of Loan Related to Franchise
November 5, 2020
- Ohio Federal Court Denies Area Representative’s Request to Enjoin the Nonrenewal of Agreement
November 5, 2020
- Missouri Federal Court Grants Temporary Restraining Order Against Former Licensee for Violation of Noncompete Covenant
November 5, 2020
- Colorado Federal Court Applies Forum Selection Clause to Non-Signatory Entities Controlled by Former Franchisees
November 5, 2020
- New York Federal Court Strikes Down Department of Labor Joint Employer Regulation
October 8, 2020
- New Franchise Regulations Become Effective in Nine Countries as Six Other Countries Consider Regulatory Proposals
October 8, 2020
- California Federal Court Grants Stay in Favor of Arbitration
October 8, 2020
- Court Granted Franchisor’s Motion to Stay Litigation and to Compel Arbitration
October 8, 2020
- Court Partially Grants Summary Judgment Motion Relating to Statute of Frauds
October 8, 2020
- Tennessee Federal Court Holds Franchisee in Contempt for Failure to Deidentify
October 8, 2020
- Tennessee Federal Court Upholds Franchisor’s Termination of Franchise Agreement Based Upon Customer Complaints
October 8, 2020
- Delaware Court Held Information Provided to Prospective Franchisee During the Franchise Sales Process Was Not Covered by Franchisor’s NDA
September 3, 2020
- Maryland Federal Court Grants Summary Judgment Dismissing Franchisee’s Counterclaim for Negligent Misrepresentation
September 3, 2020
- North Carolina Federal Court Partially Grants Franchisor’s Motion for Summary Judgment on Joint Employer Claims
September 3, 2020
- Oregon Federal Court Compels Arbitration over Objections of Fraud
September 3, 2020
- Texas Federal Court Declined to Enjoin Terminated Franchisee Under Noncompete Clause
September 3, 2020
- Tennessee Federal Court Preliminarily Enjoins Non-signatory from Violating Franchise Agreement’s Noncompete
September 3, 2020
- Update on DOJ Expedited Review of Business Conduct Related to COVID-19
August 5, 2020
- Michigan Federal Court Concludes Forum Selection Clause Is Enforceable Despite Absence of the Word “Venue”
August 5, 2020
- Federal Court in New York Rules Supplier Did Not Have a Duty to Disclose in Advance its Plans to Change its Distribution System to its Distribution Partners
August 5, 2020
- Washington Federal Court Rejects Wisconsin Distributor’s Request to Apply Wisconsin’s Fair Dealership Law
August 5, 2020
- New Jersey Federal Court Denies Prospective Distributor’s Group Boycott and Monopolization Claims Against Existing Distributor
August 5, 2020
- Third Circuit Concludes Franchisor Did Not Interfere with an Agreement to Open a New Car Dealership by Revoking Approval for Relocation
August 5, 2020
- Seventh Circuit Affirms Ruling that Distributor Breached Agreement by Failing to Secure Government Contract, but that Force Majeure Excused the Breach
August 5, 2020
- Third Circuit Reverses Dismissal of Franchise Association Claims, Concluding it Did Not Lack Standing
August 5, 2020
- Sixth Circuit Affirms Preliminary Injunction Against Holdover Franchisee
July 9, 2020
- Paycheck Protection Program Continues to Evolve
July 9, 2020
- CARES Act Increases Debt Limit under Small Business Reorganization Act
July 9, 2020
- Michigan Federal Court Denies Preliminary Injunction for Trademark and Trade Dress Infringement Because of Lack of Consumer Confusion
July 9, 2020
- Court Enjoins Franchisees from Infringing Trademarks but Declines to Enforce Noncompete Because the Parties Had No Signed Franchise Agreement
July 9, 2020
- Illinois Federal Court Finds Franchisor’s Distribution of Shared Profits to Franchisee Is Not the Same as Payment of Wages to an Employee
July 9, 2020
- New Jersey Federal Court Concludes Franchisor Lacked Sufficient Control over Franchisee to Establish Duty of Care to Franchisee’s Employees
July 9, 2020
- Pennsylvania Federal Court Enforces Forum Selection Clause Against Both Contracting and Noncontracting Parties
July 9, 2020
- Sixth Circuit Holds that AAA Rules Provide for an Arbitrator to Decide the Question of Arbitrability
July 9, 2020
- Federal Trade Commission Adjusts Monetary Thresholds for Three Exemptions in Franchise Rule
June 4, 2020
- Ohio Federal Court Allows One Breach of Contract Claim to Proceed Against Hotel Franchisor; Dismisses Others
June 4, 2020
- Connecticut Federal Court Denies Motion to Dismiss for Improper Venue
June 4, 2020
- New York Federal Court Dismisses Deaf Customer’s Claim that Subway Violated the Americans with Disabilities Act
June 4, 2020
- Court Permits Franchisee to Seek Punitive Damages Against Franchise Broker
June 4, 2020
- Michigan Federal Court Enters a Default Judgment Against Franchisee and Awards Liquidated Damages and Attorneys’ Fees to Franchisor
June 4, 2020
- Ohio Federal Court Upholds Franchise Agreement Clause Mandating Arbitration in New Jersey
June 4, 2020
- Third Circuit Concludes “Unsophisticated Party” Cannot Avoid Arbitration Provision; Remands Issue of Franchisor’s Ability to Invoke Arbitration Provision in a Contract to Which It Is Not a Party
June 4, 2020
- Michigan Federal Court Enforces Choice of Minnesota Forum
May 7, 2020
- Federal Court Dismisses ADA Claims Against Franchisor Because the Complaint Failed to Demonstrate the Franchisor Caused the Injury
May 7, 2020
- Missouri Federal Court Grants in Part and Denies in Part a Motion to Dismiss Fraud Allegations, but Creates Uphill Battle for Franchisee to Establish Reliance
May 7, 2020
- Federal Court Enjoins Terminated Franchisee from Violating Restrictive Covenants, but Declines to Enforce Bond-Waiver in Franchise Agreement
May 7, 2020
- Maryland Federal Court Awards Franchisor Permanent Injunction and Attorneys’ Fees as Part of Default Judgment Against Holdover Franchisee
May 7, 2020
- Federal Court Grants Stay of Employee Misclassification Suit Brought by Janitorial Services Franchisees and Compels Arbitration
May 7, 2020
- Connecticut Federal Court Denies Motion to Compel Arbitration in TCPA Class Action Brought by Subway Customers
May 7, 2020
- Fourth Circuit Vacates Dismissal of Claims that Franchisor Tortiously Interfered with the Business Relationship of its Franchisees
May 7, 2020
- COVID-19 Resources for Franchisors and Distributors
May 7, 2020
- California Federal Court Dismisses Dealer’s Robinson-Patman Act and Unfair Competition Claims, Among Others, but Grants Leave to Amend Those Claims
April 9, 2020
- Federal Court Allows to Proceed Dealer’s Claims Against GM Under the Minnesota Vehicle Sale and Distribution Act
April 9, 2020
- Sixth Circuit Refuses to Compel Arbitration of Antitrust Class Action, Finding No Agreement to Arbitrate
April 9, 2020
- Indiana Legislature Adopts Franchise Registration Amendment Requirements
April 9, 2020
- Federal Trade Commission and Justice Department Issue Expedited Antitrust Procedure and Guidance for Coronavirus Collaborations
April 9, 2020
- Franchise Registration States Make Accommodations to Filing Deadlines Because of the COVID-19 Pandemic
April 9, 2020
- Other COVID-19 Resources for Franchisors and Distributors
April 9, 2020
- Delaware Federal Court Declines to Dismiss Hotel Guest’s Claims Against Franchisor Based on Alleged Sexual Assault at Turkish Hotel
March 5, 2020
- Franchisee’s Misrepresentation Claims Barred by Economic Loss Doctrine
March 5, 2020
- Illinois Federal Court Concludes that Franchisees are not “Consumers” under the Illinois Consumer Fraud and Deceptive Business Practices Act
March 5, 2020
- NLRB Issues Final Rule on Joint-Employer Standard
March 5, 2020
- North Carolina Federal Court Declines to Dismiss FLSA Claim Alleging Franchisor of Convenience Store was Joint Employer
March 5, 2020
- California Federal Court Concludes that Franchisees Are not Entitled to Unpaid Overtime Wages
March 5, 2020
- Federal Court Dismisses Joint Employer Claim Against Hotel Franchisor
March 5, 2020
- Court Dismisses Ostensible Agency Claim on Motion for Reconsideration
March 5, 2020
- Federal Court Enjoins Owners of Former Franchisee from Operating Competing Business and Using Franchisor’s Confidential Information
February 5, 2020
- Florida Federal Court Agrees that Tim Hortons Properly Terminated Franchisee for Defaulting on Rent Obligation and Grants Permanent Injunction
February 5, 2020
- Missouri Federal Court Partially Grants Franchisee’s Motion to Enforce Settlement and Awards Attorneys’ Fees
February 5, 2020
- California Federal Court Dismisses Joint Employer Claim Against Chick-Fil-A
February 5, 2020
- Federal Court Declines to Retroactively Apply Oklahoma Law that Specifies a Franchisor is Not an Employer of its Franchisees’ Employees
February 5, 2020
- Ohio Federal Court Awards Damages to Matco for Breach of Contract, Trademark Infringement, and Misappropriation of Trade Secrets
February 5, 2020
- Federal Court Grants Temporary Restraining Order in Favor of Franchisor but Emphasizes Need for Showing of Independent Economic Value of Trade Secrets
January 16, 2020
- Federal Court Denies Motions to Dismiss Vicarious Liability for Sex Trafficking
January 16, 2020
- Bankruptcy Court Modifies Automatic Stay to Allow Litigation Against Former Franchisee to Proceed in Another Forum
January 16, 2020
- Federal Court Concludes that Release Does Not Violate the New Jersey Franchise Practices Act
January 16, 2020
- Federal Court Voids Contractual Limitations Period and Holds Franchisor’s Claims Are Timely
January 16, 2020
- Another Federal Court Denies, in Part, Motion to Dismiss in No-Poach Case
January 16, 2020
- Department of Labor Releases Final Joint Employer Rule
January 16, 2020
- Federal Court Dismisses Joint Employer Claim for Failure to Plead Facts Related to the Franchisor’s Purported Control of Franchisee’s Employee
January 16, 2020
- Federal Court Dismisses Franchisee Allegations of Unjust Enrichment Under Connecticut Anti-Kickback Statute
January 16, 2020
- NLRB Directs Judge to Approve Settlements in McDonald’s Case Even Though They Do Not Impose Joint Employer Liability
January 16, 2020
- Wisconsin Federal Court Applies Fair Dealership Law to Informal Distributorship
December 12, 2019
- Tennessee Federal Court Transfers Venue Pursuant to Forum Selection Clause
December 12, 2019
- Colorado Federal Court Upholds Retroactive Application of Dealer Statute
December 12, 2019
- Eighth Circuit Affirms Preliminary Injunction Barring North Dakota from Implementing Amendments to its Farm Equipment Dealer Statute
December 12, 2019
- Seventh Circuit Reverses District Court, Awards Attorneys’ Fees Under Lanham Act in “Exceptional Case” of Trademark Infringement
December 12, 2019
- Third Circuit Upholds Manufacturer’s Motion to Compel Arbitration
December 12, 2019
- Ninth Circuit Vacates Arbitration Award Because of Arbitrator’s Failure to Disclose Ownership in Arbitral Forum
December 12, 2019
- Updates Surrounding California’s AB-5
November 7, 2019
- Franchisor Obtains Injunction Against Former Franchisee From Continuing To Use Marks And Proprietary Recipes And Procedures
November 7, 2019
- Court Finds Year-Long Wait Undermines Showing of Irreparable Harm in Motion for Injunction
November 7, 2019
- Delaware Federal Court Dismisses Franchisee’s Equal Credit Opportunity Act Claim
November 7, 2019
- Court Enforces Franchisor’s Forum Selection Clause
November 7, 2019
- Federal Court In Pennsylvania Dismisses Hotel Guest’s Vicarious Liability Suit for Lack of Personal Jurisdiction
November 7, 2019
- Florida Federal Court Dismisses TCPA Class Action Suit Against Franchisor for Lack of Personal Jurisdiction
November 7, 2019
- Bankruptcy Court Concludes That A Franchisor’s Right To Injunctive Relief For A Covenant Not To Compete Constituted A Claim Under Bankruptcy Law
November 7, 2019
- Michigan Federal Court Grants Domino’s Motion To Compel Arbitration And Dismiss Franchisee’s Employees’ Anti-Trust Claims
November 7, 2019
- California Legislature Passes AB-5
October 9, 2019
- Washington State Supreme Court Provides Guidance as to What “Fair And Reasonable Price” Means Under The Franchise Investment Protection Act
October 9, 2019
- Franchisor Granted Summary Judgment in Slip and Fall Case
October 9, 2019
- Jersey Mike’s Settles Washington Antipoaching Case; Agrees to Remove Antipoaching Provisions Nationwide and Pay $150k
October 9, 2019
- Court Denies Franchisee’s Motion to Stay Enforcement of Preliminary Injunction Pending Interlocutory Appeal
October 9, 2019
- Eleventh Circuit Enforces Indemnification Provision Against Franchisee
October 9, 2019
- Court Denies Franchisor’s Motion to Compel Arbitration where Arbitration Clause was not Assumed in Writing as Part of Prior Transfer
October 9, 2019
- Second Circuit Upholds Arbitration Agreement In Prospective Francisee’s Application
October 9, 2019
- Ninth Circuit Agrees That Mcdonald’s Is Not A Joint Employer
October 9, 2019
- Mississippi Supreme Court Clarifies Time Frame for Automobile Dealers to Challenge Terminations
September 12, 2019
- Federal Court Finds that Wholesale Distributor’s Claims Under the Louisiana Unfair Trade Practices Act Claims Are Time-Barred
September 12, 2019
- Federal Court Concludes That Removal Of Administrative Hearing To Federal Court Not Permitted In Wisconsin Dealer Dispute
September 12, 2019
- Federal Court Concludes That Termination of Distribution Agreement Fell Outside of New Jersey Franchise Practices Act and Antitrust Claims
September 12, 2019
- New York Court Rules Delivery Drivers Independent Contractors, Not Employees, for Purposes of FLSA and New York Labor Law
September 12, 2019
- Sixth Circuit Affirms Dismissal of International Distributor’s Good Faith and Fair Dealing Claims Against Automobile Manufacturer
September 12, 2019
- Seventh Circuit Affirms Lost Profit Award because Contractual Damages Limitation Provision was Unconscionable
September 12, 2019
- Illinois Federal Court Denies Motion to Dismiss Franchisor’s Noncompete Claims
August 8, 2019
- North Carolina Federal Court Denies Franchisor Injunctive Relief Based on Terminated Franchisee’s Covenant Against Competition
August 8, 2019
- Court Denies Temporary Restraining Order to Franchisee Terminated for Failing Health Inspections
August 8, 2019
- Kentucky Federal Court Enforces Forum-Selection Clause After Franchisor Moved Headquarters to California
August 8, 2019
- Washington Federal Court Compels Arbitration in Colorado
August 8, 2019
- Franchisor Obtains Injunction Against Former Franchisee
August 8, 2019
- Michigan Federal Court First to Dismiss Anti-poaching Claims
August 8, 2019
- NASAA Adopts New State Cover Sheet Instructions for FDDs
July 10, 2019
- Gray Plant Mooty Urges Federal Trade Commission to Continue Franchise Rule Without Change
July 10, 2019
- Nevada Federal Court Vacates Entry of Default Against Franchisor
July 10, 2019
- Florida Federal Court Enjoins Former Tim Hortons’ Franchisee From Infringing Marks
July 10, 2019
- Texas Federal Court Denies Area Franchisee’s Request for Temporary Restraining Order
July 10, 2019
- New York Federal Court Enjoins Former Subway Franchisee From Using Similar Marks After Termination
July 10, 2019
- Delaware Federal Court Denies Franchisor’s Motion to Dismiss Fraud Claim
July 10, 2019
- Missouri Federal Court Grants Franchisor’s Motion to Compel Individual Arbitration in Antipoaching Class Action
July 10, 2019
- Alabama Legislature Adjourns Before Taking Up Comprehensive Franchise Relationship Bill
June 5, 2019
- Court Denies Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction
June 5, 2019
- Court Denies Franchisor’s Motion to Dismiss or Compel Arbitration of Franchisee’s Claims
June 5, 2019
- Pennsylvania Court Grants Preliminary Approval of Class Action Settlement
June 5, 2019
- Deputy Assistant Attorney General for Antitrust Explains DOJ Filings in Anti-Poaching Cases
June 5, 2019
- Federal Court in Michigan Denies Franchisor’s Motion to Dismiss Anti-Poaching Complaint
June 5, 2019
- Kentucky Federal Court Partially Grants Franchisor’s Request for a Preliminary Injunction
June 5, 2019
- Franchisee’s Motion to Enjoin Termination Denied for Failure to Establish Irreparable Harm
June 5, 2019
- Ninth Circuit Disregards <em>Patterson</em> in Finding <em>Dynamex</em> “ABC Test”Applies to Decades-Old Franchise Dispute
June 5, 2019
- Supreme Court Holds That Rejection of a Trademark License by a Bankrupt Licensor Does Not Deprive The Licensee of Its Rights to the Trademarks
June 5, 2019
- Washington State to Enact Law Regulating Noncompetes
May 2, 2019
- Alabama Introduces Comprehensive Franchise Relationship Bill
May 2, 2019
- Washington No-poaching Cases Settle Following Amicus Briefs
May 2, 2019
- Georgia Court of Appeals Reverses Trial Court’s Denial of Franchisor’s Motion for Directed Verdict on Advertising Fees Claim
May 2, 2019
- Injunction Requiring Compliance With System Standards Upheld
May 2, 2019
- Court Grants Summary Judgment on Breach of Contract Claim After Finding No Contract
May 2, 2019
- Sanctions Reissued Against Franchisee For Breach Of Consent Injunction After Third Circuit Remand
May 2, 2019
- Department Of Labor Proposes A Different Joint Employer Rule
May 2, 2019
- Ninth Circuit Vacates Judgment Dismissing Franchisees’ Misclassification Claims and Request for Injunctive Relief
May 2, 2019
- Sixth Circuit Affirms Grant of Summary Judgment in Favor of Franchisor on Malicious Litigation Counterclaim
May 2, 2019
- Idaho Supreme Court Upholds Judgment for Distributor on Protected Accounts
April 4, 2019
- Florida Federal Court Partially Denies Distributor’s Motion for Summary Judgment on Statutory Unfair and Deceptive Trade Practices Claims
April 4, 2019
- Furniture Retailer’s Antitrust Claims Against Manufacturer are Dismissed, but Claims for Breach of Contract Survive
April 4, 2019
- Antiwaiver Statute Defeats Choice of Law Provision in Contract Entered Into Eight Years Before Statute’s Enactment
April 4, 2019
- Wisconsin Federal Court Refuses to Apply State Franchise Law Requirements to Dealer-Distributor Relationship
April 4, 2019
- Sixth Circuit Affirms Summary Judgment Dismissing Dealer’s Discrimination Claims
April 4, 2019
- Sixth Circuit Holds Medical Device Manufacturer Did Not Breach Distributor Agreement or Implied Covenant of Good Faith and Fair Dealing
April 4, 2019
- Supreme Court Bars Courts from Deciding “Wholly Groundless” Claims of Arbitrability
April 4, 2019
- North Carolina Court of Appeals Affirms That Contractual Limitations Period Begins to Run When Franchisees Signed Agreements
March 6, 2019
- Majority of Area Representatives’ Claims Permitted to Proceed Against Franchisor and its Officers
March 6, 2019
- Court Denies Franchisor’s Motion for Summary Judgment in Dispute Related to Area Developer’s Renewal Rights
March 6, 2019
- California Court Finds Arbitration Agreement Enforceable Despite Procedural Defects
March 6, 2019
- Federal Court Holds Ohio Business Opportunity Law Does Not Void Entire Arbitration Clause
March 6, 2019
- Franchisee’s Employee Pleads Plausible Joint-Employer Claim
March 6, 2019
- New Jersey Appellate Court Denies Former Franchisee’s Challenge to Settlement Agreement
February 7, 2019
- Court Upholds Arbitration Award Concluding That Termination of License Agreement Was Not “Enforcement” of the Agreement
February 7, 2019
- California Federal Court Grants Dealer’s Motion for Preliminary Injunction Under PMPA
February 7, 2019
- Former Franchisee Held in Contempt of Preliminary Injunction Order
February 7, 2019
- Ohio Federal Court Preliminarily Enjoins Franchisee’s Breach of Post-Termination Covenant Against Competition
February 7, 2019
- Class Certification Granted in Employee Misclassification Case
February 7, 2019
- Ohio Federal Court Approves $1 Million Wage And Hour Class Action Settlement Involving Franchisee and Franchisor
February 7, 2019
- California Court Finds Franchisor Is Not Joint Employer, but Denies Summary Judgment on Ostensible Agency Theory
February 7, 2019
- NLRB Overrules 2014 <em>Fedex</em> Decision and Returns Independent Contractor Analysis to Common Law Test
February 7, 2019
- DOJ Will File Statement Supporting Application of the Rule of Reason to No-Poaching Clauses in Franchise Agreements
February 7, 2019
- D.C. Circuit Embraces “Indirect Control” and “Reserved Right” Joint Employer Standard, but Remands <em>Browning-Ferris</em> Case to NLRB
January 10, 2019
- Court Rejects <em>Per Se</em> Theory but Allows Anti-Poaching Class Action to Proceed Based on Quick-Look Doctrine
January 10, 2019
- Court Finds That Domino’s Pizza is Not a Joint Employer
January 10, 2019
- Franchisee Compelled to Arbitrate Post-Expiration Dispute
January 10, 2019
- Louisiana Federal Court Dismisses Franchisee’s Last-Minute Attempt to Avoid Arbitration
January 10, 2019
- Michigan Federal Court Denies Venue-Based Motion to Dismiss or Transfer
January 10, 2019
- District Court Grants Preliminary Injunction Enforcing Noncompete Provision Against Franchisee
January 10, 2019
- Franchisor Fails to Secure Trade Dress and Noncompete Injunction Against Ex-Franchisee
January 10, 2019
- Texas Court Requires More Facts Before Deciding Whether State Franchise Act Claims are Barred by Choice of Law Provision
January 10, 2019
- Court Grants in Part Dealer’s Motion to Amend Its Contract-Based Claims
December 6, 2018
- Kansas Federal District Court Grants in Part and Denies in Part Motion to Dismiss Epipen Antitrust Class Action
December 6, 2018
- California Federal Court Dismisses Distributor’s Antitrust Claims Against a Competitor
December 6, 2018
- Federal Court Denies Hyundai’s Motion to Dismiss Antitrust Counterclaims Finding a Relevant Market In Replacement Parts for Hyundai Automobiles
December 6, 2018
- Court Decides Distributor’s Antitrust Claim Does Not Relate to Distributor Agreement, Denies Motion to Compel Arbitration
December 6, 2018
- Court Grants Motion to Dismiss Putative Class Action Lawsuit Under California’s Unfair Practices Act
December 6, 2018
- Court Finds Distributor Is Not a Dealership Under Wisconsin Fair Dealership Law
December 6, 2018
- Equipment Manufacturer Defeats Claims Under Minnesota and Wisconsin Dealer Statutes
December 6, 2018
- Iowa Federal Court Upholds Choice of Law Provision, Dismisses California Unfair Competition Claim
December 6, 2018
- Seventh Circuit Finds Distributor’s Claims Time-Barred By Statutes of Limitations
December 6, 2018
- Statements to Retailer’s Representatives Were “Published”For Purposes of Slander Claims Under New York Law
December 6, 2018
- Financial Accounting Standards Board Releases Guidance for Franchise Industry Implementation of Revenue Recognition Rules
November 8, 2018
- Review of FTC Franchise Rule Will Begin by December
November 8, 2018
- Franchisor Entitled to Only Portion of Accounting Records Requested in Discovery
November 8, 2018
- Investors’ Vicarious Liability Claims Against RE/MAX Allowed to Proceed Under Apparent Authority Theory
November 8, 2018
- Delaware Bankruptcy Court Finds That Franchise Agreements Were Not Terminated Prior to Bankruptcy Petition
November 8, 2018
- Economic Loss Doctrine Does Not Bar Claim That Franchisor Promised to Mediate Franchisee Dispute
November 8, 2018
- Court Allows Insurance Agent to Pursue Connecticut Franchise Act Claim Against Allstate
November 8, 2018
- Colorado Court Denies Franchisor’s Motion to Dismiss Breach of Contract Counterclaim That Was Based On the Implied Covenant of Good Faith And Fair Dealing
November 8, 2018
- Franchisee’s Complaint Dismissed Due to Insufficient Allegations
November 8, 2018
- Texas Federal Court Grants Franchisee’s Motion to Remand
November 8, 2018
- Tenth Circuit Reverses Dismissal of Department of Labor’s Complaint Against Franchisor for Alleged Misclassification of Employees Under FLSA
November 8, 2018
- Federal Court Enforces Liquidated Damages Provision Under Washington Law
October 3, 2018
- Illinois Federal Court Awards Franchisor Preliminary Injunction and Compels Arbitration
October 3, 2018
- North Carolina Federal Court Holds Terminated Franchisee in Contempt for Violating Preliminary Injunction Enforcing Nonsolicitation Covenant
October 3, 2018
- Filing Amended FDD Registration Application in California Requires Redisclosure
October 3, 2018
- Court Transfers Franchisee’s Second-Filed Action
October 3, 2018
- Defendants Granted Summary Judgment on Trademark Infringement Claim
October 3, 2018
- S.D.N.Y. Dismisses Franchisee’s Fraud Claims Based on Acts Occurring After Contracting
October 3, 2018
- NASAA Proposes New State Cover Sheets to FDDs
September 13, 2018
- Collection of Royalty Fees Under Franchise Agreement Subject to Gross Receipts Tax in New Mexico
September 13, 2018
- Wyoming Supreme Court Upholds Termination of Franchise Executives for Pursuit of Another Franchise Opportunity
September 13, 2018
- Employee’s Sherman Act Claim Based on Anti‐Poaching Agreement Allowed to Continue Against Jimmy John’s
September 13, 2018
- Maine Federal Court Denies Franchisor’s Motion For TRO
September 13, 2018
- ALJ Rejects Proposed Settlement in Mcdonald’s Joint Employer Litigation
September 13, 2018
- Wendy’s May Be Liable Under Title VII as Joint Employer
September 13, 2018
- Fourth Circuit Vacates Franchisee’s Award of Lost Profits Due to Lack of Consideration
September 13, 2018
- Nebraska Supreme Court Upholds Contractual Provision Allowing Franchisee to Rebrand
August 9, 2018
- Court Grants Preliminary Injunction Based on Franchisee’s Use of Franchisor’s Trademarks at Unauthorized Location
August 9, 2018
- Court Partially Grants Injunction to Block Distributor Termination
August 9, 2018
- Wholesaler Liable for Violation of Arkansas Farm Equipment Retailer Law
August 9, 2018
- New Jersey Federal Court Dismisses Challenge to Immediate Termination
August 9, 2018
- Texas Court Partially Grants Mattress Retailer’s Motion for Summary Judgment on Claims Brought by Manufacturers
August 9, 2018
- Ninth Circuit Affirms Dismissal of Antitrust Claims for Failure to Plead That Exclusive Dealing Agreements Foreclosed Competition
August 9, 2018
- Distributor Cannot Proceed With Duplicative Lawsuit
August 9, 2018
- Franchisee Must Exhaust Administrative Remedies Before Filing Action in State Court
August 9, 2018
- North Carolina Federal Court Compels Dealer to Arbitrate Claims in Minnesota
August 9, 2018
- California Brings GDPR to the USA
July 12, 2018
- New Investigations of Franchisors’ Anti-Poaching Practices Announced
July 12, 2018
- U.S. Supreme Court Expands Sales Tax Nexus
July 12, 2018
- Federal Court Upholds Clause Selecting South Carolina Venue
July 12, 2018
- Franchisee Cannot Recover Attorneys’ Fees After Franchisor’s Voluntary Dismissal
July 12, 2018
- New Mexico Federal Court Denies Franchisees’ Request for a Temporary Restraining Order
July 12, 2018
- Court Grants Franchisor’s Motion for Preliminary Injunction Against Franchisee Operating Competing Ice Cream Shop
July 12, 2018
- Court Allows Former Employee’s Antitrust Claim Challenging “No-Hire” Clause in Mcdonald’s Franchise Agreement to Proceed
July 12, 2018
- Franchisee Fails to State Claim for Constructive Termination
July 12, 2018
- Illinois Federal Court Enforces One-Year Contractual Limitations Period
July 12, 2018
- Termination Upheld Under Plain Language of Franchise Agreements
July 12, 2018
- Federal Court Finds Washington’s Franchisee Bill of Rights Provides Franchisees Recourse Only Under the Consumer Protection Act
July 12, 2018
- Indiana Federal Court Grants Dismissal of Allegations of Fraud, Franchise Act Violations, and Practices Act Violations
July 12, 2018
- Shareholder of Named Plaintiff Ordered to Pay Franchisor’s Costs of Defending Class Action Initiated by Corporate Franchisee
June 6, 2018
- License Agreement Is Not a Personal Services Contract
June 6, 2018
- Case Remanded for New Trial Due to Prejudicial Closing Statements by Opposing Counsel
June 6, 2018
- Appeals Court Rejects Franchisee’s “Unclean Hands” Defense
June 6, 2018
- Northern District of Georgia Dismisses Claims That Franchisor, Franchisees, and Contractors Comprised an “Enterprise” Under Rico
June 6, 2018
- Forum Selection Clause Does Not Survive Termination
June 6, 2018
- New Jersey Federal Court Allows Franchisor to Seek Damages Following Entry of Declaratory Judgment
June 6, 2018
- Michigan Federal Court Denies Motion to Enjoin Related Proceedings Pending in Texas State Court
June 6, 2018
- Court Denies Injunction After Franchisor Fails to Show Breach of Franchise Agreement
June 6, 2018
- Continued Performance of Expired Franchise Agreement Justifies Enforcement of Noncompete Provision Against New Competing Business
June 6, 2018
- Supreme Court Upholds Class Action Waivers in Employment Agreements
June 6, 2018
- New FDA Menu Labeling Rules Take Effect on May 7, 2018
May 4, 2018
- Tennessee Federal District Court Refuses to Overturn Arbitration Award in Favor of Franchisee
May 4, 2018
- Court Denies Petition to Vacate Arbitration Award Under Arbitrator Misconduct and “Exceeding Powers” Standards of Review
May 4, 2018
- Court Rejects Franchisor’s Motion to Dismiss Fraud Claims Under Pennsylvania’s “Gist of the Action” Doctrine
May 4, 2018
- Court Grants in Part and Denies in Part Franchisor’s Summary Judgment Motion
May 4, 2018
- Federal Court in Indiana Rejects Underreporting Claim Based on Estimated Gross Sales
May 4, 2018
- Browning-Ferris Appeal Reinstated Because of “Extraordinary Circumstances” Surrounding NLRB Joint-Employer Standard
May 4, 2018
- Federal Court Holds That Franchisee’s Refusal to Install a New POS System Is Valid Grounds for Termination
May 4, 2018
- Court Holds That Termination of Franchise Agreements Did Not Breach Contracts or Violate California Law
May 4, 2018
- Federal Court in Wisconsin Awards Plaintiff Damages on Breach of Exclusive Distributor Contract
April 5, 2018
- Court Dismisses Tortious Interference Claim Brought by Distributor Against Competitor
April 5, 2018
- Court Finds Exclusivity Agreements with Distributors May Give Rise to Anticompetitive Conduct Claim Against Dominant Manufacturer
April 5, 2018
- Florida Federal Court Dismisses Dealer’s Fraud Claims Stemming from End of Product Line
April 5, 2018
- North Dakota District Court Enjoins Enforcement of Amended Farm Equipment Dealership Law
April 5, 2018
- Federal Court Grants Summary Judgment on “Substancial Change in Competitive Circumstances” Claim Under Minnesota Statutes
April 5, 2018
- Georgia Court of Appeals Upholds Arbitration Agreement
March 8, 2018
- District Court Grants Summary Judgment for Franchisor, Dismissing Its Former Employee’s Claim for Indemnification of Legal Fees in a Criminal Investigation
March 8, 2018
- Maryland Federal Court Holds Attorneys’ Fees Provision Did Not Apply to Franchisees’ Precontractual Tort Claims
March 8, 2018
- Franchisor Allowed to Proceed With Lost Future Royalties Claim in Southern District of Florida
March 8, 2018
- Federal Court Grants Franchisor a Preliminary Injunction Preventing Trademark Infringement
March 8, 2018
- Missouri Federal Court Enjoins Terminated Franchisees’ Competing Businesses in Two H&R Block Cases
March 8, 2018
- Federal Court in California Denies Plaintiffs Summary Judgment on Joint Employer Claim
March 8, 2018
- NLRB Vacates <em>Hy-brand</em>, Returns to <em>Browning-Ferris</em> Joint Employer Standard
March 8, 2018
- FTC Franchise Rule Scheduled for Review in 2018
March 8, 2018
- Responding to Gray Plant Mooty’s Comments, Virginia Regulator Changes Substantial Investment Exemption Proposal
February 7, 2018
- Federal Court Finds Franchisor Not To Be Joint Employer of Subfranchisee’s Employee
February 7, 2018
- Federal Court Grants Summary Judgment Based on Franchisee’s Admissions That There Was No Misrepresentation
February 7, 2018
- Court Upholds Prohibition on Advertising Halal Chicken, Affirming Franchisor’s Broad Control Over Ads
February 7, 2018
- Seventh Circuit Awards Franchisor Attorneys’ Fees as Sanction Against Franchisee’s Vexatious Post-Arbitration Litigation
February 7, 2018
- Eleventh Circuit Confirms That Franchisor’s Breach of Franchise Agreement Does Not Relieve a Franchisee From Debts Incurred in Purchasing the Franchise
February 7, 2018
- Wide-Reaching EU General Data Protection Regulation Goes Into Effect on May 25, 2018
January 11, 2018
- Illinois Appellate Court Upholds Consequential Damages Waiver
January 11, 2018
- Maryland Federal Court Denies Cross Motions for Summary Judgment on Further Renewals in Franchise Agreements
January 11, 2018
- Floating Forum Selection Clause Insufficient to Confer Personal Jurisdiction Over Franchisee Under Florida’s Long-Arm Statute
January 11, 2018
- Ohio Federal Court Holds Licensor May Assert Lanham Act Claims Without Terminating License Agreement
January 11, 2018
- Arbitration Clause in Rescinded Franchise Agreement Enforced by Maryland Federal Court
January 11, 2018
- Florida Federal Court Grants Partial Dismissal of Claims Arising From Transfer of Franchise
January 11, 2018
- District Court Finds Plaintiff Had No Right to Become a Franchisee
January 11, 2018
- Pennsylvania Court Denies Motion to Dismiss Joint Employer Claims Based on Common Franchise Agreement Provisions
January 11, 2018
- NLRB Overrules <em>Browning Ferris</em> Joint Employer Standard
January 11, 2018
- Fourth Circuit Affirms Injunction Enforcing Noncompete From Date of Compliance
January 11, 2018
- Robinson-Patman Act Claim Survives Summary Judgment in Price Discrimination Suit Against Maker of 5-Hour Energy
December 7, 2017
- Distributor Limited to Lost Profit Damages Incurred During 90-Day Notice Period
December 7, 2017
- District Court Grants Summary Judgment for Supplier, Denying Claim That Supplier Unlawfully Refused to Grant Transfer Request
December 7, 2017
- Manufacturer Violated State Dealer Law by Failing to Comply With the Statute’s Notice and Right-to-Cure Requirements
December 7, 2017
- Wisconsin Federal Court Uses State’s Anti-Forum Shopping Statute of Limitations in Dismissing Accidental Franchise Claim
December 7, 2017
- Franchisor Found Not Liable for Constructive Termination and Breach of the Covenant of Good Faith and Fair Dealing
December 7, 2017
- Texas Federal Court Denies Distributor’s Motion for Summary Judgment on Competitive Activities Counterclaim Despite Absence of Competitive Sales
December 7, 2017
- Third Circuit Affirms Summary Judgment in Favor of Manufacturer on Distributor’s Fraud Claims
December 7, 2017
- SBA Establishes Franchise Directory, Allows New Negotiated SBA Addenda, and Eliminates Lender Duties to Independently Determine Whether Business Eligibility Requirements Are Satisfied
November 9, 2017
- State of Virginia Proposes Substantial Investment Exemption to Franchise Registration Law
November 9, 2017
- Oregon Court Affirms Ruling That Franchisees Are Employees of Franchisor for Purposes of Unemployment Insurance Tax
November 9, 2017
- California District Court Dismisses Fraud Complaint Against Franchisor for Failure to Meet Heightened Pleading Standards
November 9, 2017
- Court Enforces Personal Guaranty
November 9, 2017
- Termination Upheld Despite Franchisee’s Expressed Willingness to Pay
November 9, 2017
- De Facto Franchisee’s Contacts With Franchisor Not Sufficient to Confer Personal Jurisdiction
November 9, 2017
- Court Enforces Noncompete Agreement Using Rule of Reason
November 9, 2017
- Texas Federal District Court Denies Post-Termination Motion for Preliminary Injunction
November 9, 2017
- Eleventh Circuit Affirms Denial of Franchisor’s Motion for Preliminary Injunction Due to Failure to Mediate
November 9, 2017
- Franchisor’s Motion to Dismiss Class Action Claim Granted
October 12, 2017
- Michigan Court Dismisses Earnings Claims With Prejudice
October 12, 2017
- Arizona Federal Court Refuses to Enforce Franchise Agreements’ Choice of Law and Forum Selection Clauses
October 12, 2017
- Federal Court Dismisses Price Discrimination and Unlawful Tying Claims Against Franchisor
October 12, 2017
- Court Grants Franchisor’s Motion for Summary Judgment on Vicarious Liability Claims Brought by Franchisee’s Customer
October 12, 2017
- Franchise Agreement’s Post-Term Noncompete Withstands Franchisee’s Motion to Dismiss in Colorado District Court
October 12, 2017
- Federal Court Denies Franchisor’s Request for a Preliminary Injunction Finding No Likelihood of Irreparable Harm
October 12, 2017
- Noncompete Extended to Cover Familial Nonsignatories
October 12, 2017
- A Fee Charged by a Franchisor to a Designated Supplier, Which Is Passed Along by the Supplier in the Price It Charges Franchisees for Products, Is Not a Fee Imposed by the Franchisor on Franchisees
October 12, 2017
- Seventh Circuit Interprets Anti-Discrimination Obligations Under Indiana Deceptive Franchise Practices Act
October 12, 2017
- Franchisee’s Misclassification Claim Barred by Res Judicata
October 12, 2017
- Court Denies Petition to Vacate Arbitration Award Under Evident Partiality and Exceeding Power Standards of Review
September 14, 2017
- Procedural Disputes Subject to Arbitration
September 14, 2017
- Federal Court Denies Franchisor’s Efforts to Compel Arbitration
September 14, 2017
- Court Grants Franchisor Summary Judgment on Franchisee’s Tortious Interference Counterclaim
September 14, 2017
- Illinois Appellate Court Upholds Dismissal of Emotional Distress Suit Against Franchisor
September 14, 2017
- Franchisor Dismissed From Customer Discrimination Case
September 14, 2017
- Pennsylvania Court Dismisses Cases Claiming Franchisor Is Joint Employer
September 14, 2017
- Federal Court Finds Sufficient Evidence of Joint-Employer Relationship to Survive Motion to Dismiss
September 14, 2017
- Maryland District Court Enforces Forum Selection Clause
September 14, 2017
- Seventh Circuit Reverses Class Certification and Settlement Related to Subway’s “Footlongs”
September 14, 2017
- Claim for Breach of Implied Duty of Good Faith and Fair Dealing Arising Out of Termination Allowed to Proceed
August 3, 2017
- Dealer Fails to State Fradulent Concealment Claim Against Manufacturer Seeking to Open New Location
August 3, 2017
- Court Denies Motion to Exclude Expert Testimony on Lost Profits
August 3, 2017
- Third Circuit Clarifies Test to Establish Trademark Ownership in Disputes Between Manufacturers and Distributors
August 3, 2017
- Sixth Circuit Finds Ownership Change Provision in Franchise Agreement Consistent with Ohio Law
August 3, 2017
- Court Denies Class Certification in Price Discrimination Case Against the Maker of 5-Hour Energy
August 3, 2017
- Settlement Agreement Does Not Give Rise to Heightened Duties of Loyalty and Good Faith
July 13, 2017
- California Court Reverses Finding That Landlord Was Not the Successor to Rights in a Restaurant Franchise
July 13, 2017
- New Jersey Appellate Court Enforces Arbitration Agreement
July 13, 2017
- Franchisee Denied Injunction to Block Software Upgrade
July 13, 2017
- Federal Court in California Denies Class Certification to Franchisees Claiming to be Employees
July 13, 2017
- Addendum Replacing Liquidated Damages Provision Precludes Summary Judgment on Franchisor’s Breach of Contract Claims
July 13, 2017
- Sixth Circuit Affirms Dismissal of Kentucky Consumer Protection Act Claim
July 13, 2017
- Ninth Circuit Affirms Dismissal of Franchisee’s Complaint for Alleged Intentional Interference With Economic Relations
July 13, 2017
- Texas Court Denies Motion to Compel Arbitration
June 8, 2017
- Kansas Federal Court Denies Franchisor’s Motion to Dismiss Franchisee’s Breach of Fiduciary Duty Claim
June 8, 2017
- Washington Federal District Court Denies Motion to Dismiss Vicarious Liability Lawsuit, Grants Leave to Amend
June 8, 2017
- California Federal Court Rejects Joint Employer Claim by Unit Franchisees of Master Franchisees
June 8, 2017
- Court Dismisses FLSA Claims for Lack of Employer Relationship But Leaves Door Open For Joint-Employer Basis
June 8, 2017
- Eighth Circuit Overturns Damages Award for Trademark Infringement
June 8, 2017
- Second Circuit Affirms Dismissal of Putative Class Action Against Franchisor and Franchisees Regarding Sales Tax Charges
June 8, 2017
- Summary Judgment Is Granted in Franchisor’s Favor After Franchisee Fails to Respond
May 4, 2017
- Federal Court in Arizona Grants Motion to Dismiss Claims Alleging Improper Termination of Hotel Membership Agreement
May 4, 2017
- Actual Notice of Default Letter Overrides Franchisor’s Failure to Comply Strictly With Notice Provision
May 4, 2017
- Texas Court Clarifies Standard for Modification of an Arbitration Award
May 4, 2017
- Illinois Federal Court Confirms Arbitration Award for Franchisor
May 4, 2017
- Franchised Black-Car Drivers Are Not Employees for Purposes of Federal and State Labor Laws
May 4, 2017
- Michigan Court Holds That Federal Motor Vehicle Franchise Contract Arbitration Fairness Act Does Not Apply to Foreign Dealers
April 5, 2017
- Distributor’s California Unfair Competition Law Claim Allowed Despite No Distribution in California
April 5, 2017
- Bathtub Manufacturer’s Licensing Arrangement Created an Accidental Franchise, but Court Finds Limited Remedies
April 5, 2017
- Wisconsin District Court Denies Motion to Dismiss Claim That Distributor Failed to Comply With Agreement’s Notice Requirement
April 5, 2017
- iPhone Users Have Standing to Sue Apple for Antitrust Violations
April 5, 2017
- Tenth Circuit Affirms Dismissal of Illegal Tying Claim in Medical and Surgical Supply Market
April 5, 2017
- Florida Appellate Court Reinstates Defamation Case
March 8, 2017
- Federal Court Holds That Franchisor Unreasonably Delayed Lawsuit for Unapproved Products
March 8, 2017
- Court Denies Enforcement of Post-Termination Obligations and Awards Franchisee Damages on Counterclaims
March 8, 2017
- Eighth Circuit Affirms District Court’s Dismissal of North Dakota Franchise Investment Law Claim
March 8, 2017
- Agreement to Arbitrate Did Not Delegate Question of Arbitrability to Arbitrator
March 8, 2017
- Court Affirms Arbitration Award Under Manifest Disregard Standard
March 8, 2017
- Maryland District Court Equitably Tolls Noncompetition Period for Franchisor
March 8, 2017
- Fourth Circuit Finds Franchisor Not Liable for Guest’s Death in Terrorist Attack
March 8, 2017
- District Court Grants Nonsignatory-Franchisor’s Motion to Compel Arbitration
February 7, 2017
- Court Dismisses Prospective Supplier’s Claims Against Domino’s
February 7, 2017
- Wisconsin District Court Declines to Impose Joint-Employer Liability on Franchisor Under FLSA and State Law
February 7, 2017
- Franchisee’s Intentional Interference Claim Survives Motion to Dismiss
February 7, 2017
- Oklahoma District Court Dismisses Bad Faith and Unfair Practices Claims Against Franchisor
February 7, 2017
- Sixth Circuit Affirms District Court’s Finding That Sale of Upgraded Equipment Was Grant of Franchise
February 7, 2017
- Franchisee’s Wrongful Termination and Breach of Good Faith Claims Rejected Under Missouri Law
February 7, 2017
- Texas District Court Awards Preliminary Injunction Enforcing Post-Termination Obligations and Noncompete
January 11, 2017
- Franchisor Found Not to be Joint Employer of Franchisee’s Staff
January 11, 2017
- Illinois Court Affirms Dismissal of Franchisee’s Complaint in Light of Arbitration Clause
January 11, 2017
- District Court Orders Franchisor and Franchisee to Proceed to Arbitration After Granting Franchisor’s Preliminary Injunction
January 11, 2017
- Consolidation of Individual Arbitrations Must be Determined by Arbitrator
January 11, 2017
- Eleventh Circuit Affirms District Court’s Dismissal of Franchisee’s Challenges to Arbitration Award
January 11, 2017
- Court Enforces Arbitration Agreement Contained in Franchise Application
January 7, 2017
- Appellate Court Upholds Permanent Injunction Prohibiting Enforcement of U-haul’s Covenant Against Competition in California
December 14, 2016
- Auto Dealer States Good Faith and Fair Dealing Claim
December 14, 2016
- First Circuit Affirms Decision Finding That Claims Based on Alleged Exclusive Distributor Arrangement Were Time Barred
December 14, 2016
- Ninth Circuit Affirms That Manufacturer of Equipment Did Not Engage in Anticompetitive Practices in Repair Market
December 14, 2016
- Third Circuit Reverses Dealer’s Verdict Against Telecom Equipment Manufacturer
December 14, 2016
- Functional Availability Defense Bars Dealer’s Price Discrimination Claims
December 14, 2016
- Ohio Federal Court Denies Dismissal of Price Discrimination Claim
December 14, 2016
- Manufacturer May Limit Sales of Large-Pack Goods to Discount Chains Without Committing Price Discrimination
December 14, 2016
- Dealer Price Discrimination Claim Dismissed
December 14, 2016
- Franchising Could be Affected by Announced Federal Focus on WageCollusion, Noncompetes, and “Other Anticompetitive Practices”
November 17, 2016
- Court Dismisses Antitrust Claim Because Requirement to PurchaseProducts from Exclusive Supplier Did Not Establish Relevant Market
November 17, 2016
- Court Finds That Waiver by Litigation Conduct Precludes Arbitration
November 17, 2016
- New York Appellate Court Affirms Administrative Ruling That Franchisee Is an Employee of Franchisor
November 17, 2016
- Florida Court Enforces Franchisor’s Noncompete Agreement
November 17, 2016
- Florida Federal Court Enjoins Former Franchisee’s Use of Confidential Information and Operation of a Competing Business
November 17, 2016
- California Federal Court Denies Franchisor’s Motion to Dismiss Claims Under California Customer Records Act
November 17, 2016
- Federal Court Denies Franchisor’s Motion to Dismiss Fraudulent Inducement Claim Despite Franchisee’s Release
November 17, 2016
- Franchisee’s Fraud and Breach of Contract Claims Survive Franchisor’s Motion to Dismiss
November 17, 2016
- French Parliament Passes Labor Law Requiring Franchisors to Establish a Dialogue Forum for Labor Issues Pertaining to All Employees in the Franchise System
October 12, 2016
- OFAC Clarifies That Iranian Sanctions Program Remains in Place
October 12, 2016
- Franchisor Awarded Permanent Injunction but Not Future Royalties
October 12, 2016
- New York District Court Declines to Dismiss Employment Claims Against Franchisor
October 12, 2016
- Tenth Circuit Affirms Termination Following Franchisee’s Refusal to Use Mandatory Meal Pricing
October 12, 2016
- New York Court Declines to Find Liability for Franchisor In Class Action Sales Tax Collection Dispute
October 12, 2016
- Franchisees May Pursue Misclassification Claims Against Commercial Cleaning Franchisor on Class-wide Basis
October 12, 2016
- Appellate Court Affirms That Franchisor is Not Vicariously Liable for Franchisee’s Acts
September 1, 2016
- Indemnification Provision in Franchise Agreement Not Unenforceable Due to Lack of Consideration
September 1, 2016
- Federal Court in Arizona Enforces Covenant Not to Compete Against Former Franchisee
September 1, 2016
- Illinois Court Denies Motion to Dismiss, Permits Franchisor to Seek Declaratory Judgment That Termination Without Cure is Lawful
September 1, 2016
- Court Denies Motion to Dismiss Claims Based on Alleged Failure to Maintain Brand
September 1, 2016
- Court Grants Plaintiffs’ Motion For Voluntary Dismissal
September 1, 2016
- District Court Denies Franchisor’s Petition to Vacate Arbitration Award Finding That Termination Was Unreasonable
September 1, 2016
- Court Partially Grants Truck Manufacturer’s Request for Preliminary Injunction
August 4, 2016
- Distributor Preliminarily Enjoined from Violating Noncompetition and Nonsolicitation Agreements
August 4, 2016
- Distributor Not Required to Repurchase Merchandise Under Statutory Buy-Back Provision
August 4, 2016
- Court Finds Franchisor’s Hauling Agreement Is Not Governed by Wisconsin Fair Dealership Law
August 4, 2016
- Sixth Circuit Affirms Application of Ohio Alcohol Distributor Protection Law’s Successor-Manufacturer Exception to Parent-Level Sale
August 4, 2016
- Preventative Measures for Manufacturers
August 4, 2016
- Watch Supplier Is Not a Franchisor but May Have Provided Promotional Benefits to Retailers Unequally
August 4, 2016
- Dealer Fails to State a Claim Under Indiana Franchise Act but Can Proceed With Unfair Practices Claim
August 4, 2016
- Third Circuit Affirms Termination of Dealer Agreement Without Cause
August 4, 2016
- Georgia Appellate Court Declines to Award Damages to Franchisee for Negligent Misrepresentation
July 13, 2016
- Franchisor Not Liable Under Texas Business Opportunity Act for Failure to Provide Franchisee With Disclosure Document
July 13, 2016
- New Jersey Federal Court Grants Franchisor’s Motion for Summary Judgment on Franchisee’s Counterclaims
July 13, 2016
- Appeals Court Upholds Cancellation of Fraudulently Procured Trademark Under “Actual Knowledge” Standard
July 13, 2016
- Seventh Circuit Affirms Dismissal of $20 Million Claim Based on FDD
July 13, 2016
- New Jersey Court Declines to Find Liability for Franchisor in Class Action Sales Tax Collection Dispute
July 13, 2016
- Class of Mcdonald’s Workers Certified in California
July 13, 2016
- Court Dismisses Affiliate of Franchisor from Putative Class Action Based on Lack of Personal Jurisdiction
July 13, 2016
- Continued Interaction Between Franchisor and Subfranchisor After Franchisor Moved Its Headquarters Supports Jurisdiction Over Subfranchisor in Franchisor’s New Home State, Appeals Court Holds
July 13, 2016
- Arbitration Panel Finds Entirely in Favor of Del Taco in Case Involving Alleged Misrepresentations
July 13, 2016
- New Legislation Provides Federal Protection for Trade Secrets
June 8, 2016
- Consumer Financial Protection Bureau Proposes Rule Banning Arbitration Clauses That Prevent Class Action Lawsuits
June 8, 2016
- Connecticut Federal Court Denies Franchisees’ Request for Preliminary Injunction
June 8, 2016
- Texas-Based Franchisor Establishes Specific Personal Jurisdiction Over European Defendants on Appeal
June 8, 2016
- Court Grants Franchisor’s Motion to Dismiss Claims for Breach of Contract, Promissory Estoppel, and Misrepresentation
June 8, 2016
- Franchisor Not Liable for Workers’ Compensation Claim Brought by Franchisee’s Employee
June 8, 2016
- Court Denies Franchisor’s Motion to Dismiss Labor Law Claims Premised on Joint Employer Theory
June 8, 2016
- Supreme Court Will Not Hear Challenge to Seattle’s $15 Minimum Wage Law
June 8, 2016
- Nebraska Implements New Noncompete Legislation
May 4, 2016
- Court Allows Counterclaims for Fraudulent Inducement to Proceed Despite Franchise Agreement Protections for Franchisor
May 4, 2016
- Franchisor Not Liable as Joint Employer Under Title VII
May 4, 2016
- Franchisee Is Prohibited From Obtaining Discovery From Shareholder of Franchisor
May 4, 2016
- Court Denies Franchisor’s Motion for Summary Judgment and Motion to Compel Arbitration
May 4, 2016
- Ninth Circuit Declines to Enforce Arbitration Clause After Finding Contract Containing the Clause Was Not Binding
May 4, 2016
- Franchisees Fail to State Claim for Violation of Waiting Period Under Wisconsin Franchise Investment Law
May 4, 2016
- Fifth Circuit Affirms Dismissal of Franchisee’s Deceptive Trade Practices Act Counterclaims
May 4, 2016
- Court Enforces Noncompete Provision Against Successor
May 4, 2016
- Third Circuit Affirms Holding That Franchisee Violated Injunction but Vacates Sanctions Award
May 4, 2016
- New Hampshire Supreme Court Upholds Amendment to Dealer Bill of Rights
April 6, 2016
- Minnesota Supreme Court Holds Motor Vehicle Act Requires Good Cause for Relocation of Existing Dealership
April 6, 2016
- Exceptions to the Statute of Frauds Do Not Save Distributor’s Claim for Breach of Contract Based on Oral Agreement
April 6, 2016
- Wisconsin Fair Dealership Law Does Not Preclude Transfer of Action to Florida Pursuant to Forum Selection Clause
April 6, 2016
- Competitors’ Cross-Supply Agreement Deemed Anticompetitive for Antitrust Claims and Procompetitive Under Relationship Statute
April 6, 2016
- Federal Court Denies ExxonMobil’s Motion to Dismiss Price Discrimination and Franchise Claims
April 6, 2016
- Wisconsin District Court Finds Undisclosed Transfer of Dealership Constitutes Good Cause for Termination Under Texas Dealer Statute
April 6, 2016
- Court Declines to Uphold Termination Without Cause
April 6, 2016
- Individual Allowed to Seek “Dealer” Protection
April 6, 2016
- Ontario Court of Appeal Dismisses Class Action Lawsuit
March 9, 2016
- New Jersey Federal Court Denies Franchisor’s Request for Injunction
March 9, 2016
- Denial of Motion for Preliminary Injunction Underscores Importance of Expediency After Defaults
March 9, 2016
- Court Denies Franchisee’s Motion to Compel Arbitration Based on Plain Language of Franchise Agreement
March 9, 2016
- Litigation of Maryland Franchise Claims Stayed Pending Arbitration
March 9, 2016
- Court Approves Consumer Class Settlement Involving Franchisor
March 9, 2016
- Gray Plant Mooty Adds Ryan Palmer and Lavon Emerson-Henry
March 9, 2016
- Sale of Upgraded Equipment Construed As Grant of a Franchise Under Michigan Franchise Investment Law
February 10, 2016
- Federal Court in Minnesota Dismisses Franchisee’s Fraud Claim Under Minnesota Franchise Act
February 10, 2016
- Connecticut Federal Court Assesses Application of the EconomicLoss Doctrine to Misrepresentation Claims
February 10, 2016
- Court Dismisses Franchisee’s Fraudulent Misrepresentation Claim Based on Disclaimer in Franchise Agreement
February 10, 2016
- Federal Court in Colorado Rules Franchisor Is Not Entitled to Insurance-Paid Defense of Lawsuit Brought by Franchisees
February 10, 2016
- Third Circuit Adopts Rigorous Standard Regarding What Is Required for Parties to Delegate Question of Class Arbitrability to Arbitrators
February 10, 2016
- California AB 525 Creates Myriad Problems for Franchisors, But Some Can Be Addressed With Franchise Agreement Revisions
January 13, 2016
- Federal Court Denies Motion to Strike Jury Trial Demand Despite Jury Waiver Provisions, but Does so Without Prejudice
January 13, 2016
- Court Upholds Enforcement of Personal Guaranty
January 13, 2016
- Federal Court in North Carolina Enforces Forum Selection Clause in Hotel Franchise Agreement and Transfers Case
January 13, 2016
- Court Dismisses Minnesota Franchise Act Claims Asserted by a Franchisor Because No Franchise Relationship Existed
January 13, 2016
- New York Federal Court Dismisses Claim That “Freestyle” Soda Machines Violate the Americans with Disabilities Act
January 13, 2016
- Hotel Company and FTC Enter Into Stipulated Order for Injunction in Cybersecurity Case
January 13, 2016
- Supreme Court Reiterates Strong Federal Policy Favoring Arbitration and Overturns California Appellate Court’s Invalidation of Arbitration Agreement
January 13, 2016
- California Federal Court Orders Arbitration of Franchisee’s Employment Claims
January 13, 2016
- Update on NASAA’s Proposed for Commentary
January 10, 2016
- Court Grants Partial Summary Judgment on Distributor’s Claims for Fraud and Misrepresentation Under Florida Law
December 3, 2015
- Court Denies Summary Judgment on Dealer’s Cancellation Claim
December 3, 2015
- South Carolina Federal Court Denies Terminated Distributor’s Request for Preliminary Injunction
December 3, 2015
- Formerly Exclusive Distributor’s Motion to Dismiss Is Granted in Part and Denied in Part by Federal Court
December 3, 2015
- Avoiding Collusion With Competitors
December 3, 2015
- Resale Price Control Claims Against Contact Lens Maker Survive
December 3, 2015
- Court Allows Price Discrimination Claim to Proceed, but Dismisses Sherman Act Claim for Failure to Plead Viable Relevant Market
December 3, 2015
- Ninth Circuit Affirms Dismissal of Class Action Conspiracy Case
December 3, 2015
- Second Circuit Holds That de Minimis Lost Sales Are Insufficient to Establish Price Discrimination
December 3, 2015
- EU-U.S. Safe Harbor for Data Transfer No Longer Valid
November 4, 2015
- NASAA Issues Proposed Commentary on Financial Performance Representations
November 4, 2015
- New Jersey Appellate Court Affirms Decision Regarding Exclusivity Provision in Lease
November 4, 2015
- Missouri Federal Trial Court Certifies Class of Former Managers of Franchisor-Owned Restaurants in Employment Dispute
November 4, 2015
- Federal Court Holds Forum-Selection Clause in Nonrestaurant Franchise Agreement Does Not Violate Arkansas Public Policy
November 4, 2015
- Georgia District Court Enforces Noncompete Clause Against Former Franchisee and Employee
November 4, 2015
- Court Enforces Forum Selection Clauses and Statutes of Limitation in Mass Action Against Franchisor
November 4, 2015
- NLRB Majority Redefines Joint Employer Standard; Impact On Franchising Unclear
September 2, 2015
- Franchisor Not Liable On Appeal for Injury at Franchised Location
September 2, 2015
- Appeals Court of Massachusetts Upholds Finding That Franchisor is Not Liable for Wrongful Death of Franchisee’s Employee
September 2, 2015
- California Federal Court Rejects Negligence <em>Per Se</em> Claim Based on Alleged Failure to Make Disclosures Under the FTC Franchise Rule
September 2, 2015
- Indiana Court Allows Evidence of Concessions to Out-of-State Franchisees to Show Discrimination Under the IDFPA
September 2, 2015
- Court Addresses FDD-Based Fraud and Misrepresentation Claims
September 2, 2015
- Fourth Circuit Bifurcates Common Law Claims From Statutory Claims Pursuant to Federal Arbitration Act
September 2, 2015
- Court Holds Former Franchisee in Contempt of Preliminary Injunction Enforcing Covenant Not to Compete
September 2, 2015
- Third Circuit Confirms FTC’s Authority to Regulate Cybersecurity in Case Against Franchisor
September 2, 2015
- Distribution Changes Provide Biggest Risks for Manufacturers
August 4, 2015
- Wisconsin Court of Appeals Affirms Jury Finding That Grantor Lacked Good Cause for Terminating Dealership Agreement
August 4, 2015
- Federal Court Bars Claims for Breach of Oral Distribution Agreement
August 4, 2015
- Federal Court Determines Diminished Value of Distributorships Exceeds $3 Million
August 4, 2015
- First Circuit Upholds Forum Selection Clause in Sales Invoices
August 4, 2015
- Wisconsin District Court Grants Distributor’s Motion for Summary Judgment as to Liability Under Texas Dealer Statute
August 4, 2015
- Third Circuit Limits Repurchase Obligations Under Delaware Statute
August 4, 2015
- Court Denies Motion to Dismiss Robinson-Patman Act Claim Based on Alleged Inducement of Discriminatory Pricing
August 4, 2015
- Eleventh Circuit Affirms FTC Finding That Manufacturer’s Exclusive Dealing Program Was Created to Maintain Monopoly Power
August 4, 2015
- Ruling That Apple Conspired With Book Manufacturers Affirmed
August 4, 2015
- FTC Injunction to Block Merger of Food Service Distributors Upheld by Federal District Court
August 4, 2015
- Seventh Circuit Affirms Finding That Constructive Termination Violated Duty of Good Faith and Fair Dealing
August 4, 2015
- Court Finds Common-Law Fraud Is Barred by Franchise Disclaimer Clause, but Statutory Fraud Is Not
July 1, 2015
- Hawaii Federal Court Denies Franchisor’s Motion to Dismiss; Finds Harley-Davidson License Agreement May Constitute Franchise
July 1, 2015
- Wisconsin Federal Court Holds Franchisees’ General Liability Insurance Policy Does Not Cover Defense of Suit Seeking Injunctive Relief
July 1, 2015
- Federal Court Grants Summary Judgment in Breach of Contract Claim Based Upon Franchisees’ Unilateral Decision to Raise Prices
July 1, 2015
- Third Circuit Holds Franchisor Liable for Predecessor’s Debts
July 1, 2015
- Court In Texas Confirms That “Franchise Rule” Contains No Private Right of Action and Dismisses Franchisee’s Claims
June 4, 2015
- Texas Court Grants Motion to Dismiss Franchisee’s WFIL Claims
June 4, 2015
- Federal Court Denies Franchisee Request to Stay Injunction Motion
June 4, 2015
- Federal Court Imposes Permanent Injunction Prohibiting Competitor From Using Similar Trademarks in Its Advertising
June 4, 2015
- Illinois Court Upholds Arbitrator’s Award Against Individual Who Tried to Act As Both Franchisor and Franchisee
June 4, 2015
- Nonsignatory Franchisor Compels Subfranchisees to Arbitrate
June 4, 2015
- Federal Court Compels Arbitration, Finding Employee Exemption of Federal Arbitration Act Did Not Apply to a Franchise Agreement
June 4, 2015
- Second Circuit Rules That District Court Could Not Enjoin Licensee From Making Merit-Based Arguments to Arbitration Panel Edit
June 4, 2015
- Court Holds Sales Agreement With Indefinite Duration Is Not Terminable at Will if Its Terms Provide Otherwise
June 4, 2015
- Court Denies Franchisor’s Motion for Summary Judgment on Breach of Franchise Agreement Claims Due to Comanagement of Franchises
June 4, 2015
- Texas Court of Appeals Reverses Jury Verdict That Had Found Franchisor Vicariously Liable for Delivery Driver Accident
May 1, 2015
- Georgia Supreme Court Reverses Favorable Franchisee Award of Rescission and Damages
May 1, 2015
- Franchisee’s Attorney Disqualified for Paying a Fact Witness
May 1, 2015
- Nebraska Court Refuses to Invoke Blue Pencil Rule and Deems Post-Term Noncompete Unenforceable
May 1, 2015
- Franchisor Properly Pled Breach of Contract Claim Against Franchisees Operating Competing Business
May 1, 2015
- Pennsylvania Federal Court Certifies Class of Franchisees, Allowing Contractor Misclassification and State Wage Claims to Proceed
May 1, 2015
- Second Circuit Affirms Grant of Summary Judgment to Hotel Franchisor and Enforces Liquidated Damages Provision
May 1, 2015
- Federal Court Dismisses Trademark Infringement Claim Based Upon Franchisee’s Sale of Genuine Products at a Competing Store
May 1, 2015
- Supreme Court Holds That TTAB Rulings on Likelihood of Confusion May Bind A Court in a Later Proceeding
May 1, 2015
- Jury Finds Franchisor Not Liable for Tortious Interference by Termination of a Franchisee’s Development Agreement
May 1, 2015
- Third Circuit Affirms Dismissal of Franchisee’s Claims That Franchisor Misrepresented Startup Costs and Constructively Terminated Franchise
May 1, 2015
- Appointment of a New Dealer in Existing Dealer’s Market Does Not Violate Pennsylvania Board of Vehicles Act
April 2, 2015
- Class Certification Denied for Independent Apple Specialists
April 2, 2015
- Court Finds Issue of Material Fact With Respect to Distributor’s Claim Under the Wisconsin Fair Dealership Law
April 2, 2015
- Distribution Agreement Not a “Franchise” Under Minnesota Franchise Act
April 2, 2015
- Federal Court Upholds Manufacturer’s Right to Terminate
April 2, 2015
- Second Circuit Opinion Highlights Difference Between “Expiration” and “Termination” of Distribution Agreement
April 2, 2015
- Wisconsin District Court Holds Discriminatory Offering of Package Sizes for Resale May Violate Robinson-Patman Act
April 2, 2015
- Federal Court in Texas Allows Plaintiff to Proceed With Price Discrimination Claim Against Nike
April 2, 2015
- Manufacturer Wins Jury Verdict Defeating Antitrust and Other Claims by Terminated Distributor
April 2, 2015
- Master Franchisee Responsible for Workers Compensation Premiums
March 11, 2015
- Franchisors Continue to Struggle With Joint Employer Claims
March 11, 2015
- Court Enjoins Former Franchisee From Using Trademarks
March 11, 2015
- Federal Court Finds Arbitration Clause Applies In Suit Against Former Franchisee’s Continued Use Of Trademarks and Related Claims
March 11, 2015
- Courts in Pennsylvania and California Uphold Arbitration Clauses and Class Action Waivers
March 11, 2015
- Court Holds Nonexclusive Forum Selection Provision Is Not Barred by the Minnesota Franchise Act
March 11, 2015
- Georgia Federal Court Rejects Franchisees’ Supply Chain Kickback Claims
March 11, 2015
- Court Denies Summary Judgment Against One Guarantor Because Signatures of Co-Guarantors May Have Been Forged
February 5, 2015
- Recent Events In <em>NLRB v. Mcdonald’s</em> Offer Little Insight Into Conduct Alleged to Support Joint Employer Finding
February 5, 2015
- Federal Court in California Applies <em>Patterson</em> to Find Franchisor Not Employer of Franchisee Employees
February 5, 2015
- Court Bars Evidence Related to Affirmative Defense of Inducement
February 5, 2015
- Contractual Limitations Limitations Clause Reduces Available Recovery but Does Not Bar Claims
February 5, 2015
- Enforcing Arbitration Provision, District Court Dismisses Putative Class Action by Franchisee
February 5, 2015
- Seventh Circuit Finds No “Manifest Disregard of the Law”
February 5, 2015
- Ninth Circuit Affirms Summary Judgment in Franchisor’s Favor
February 5, 2015
- Court Grants Preliminary Injunction Enforcing Covenant Not to Compete Against Former Franchisee
February 5, 2015
- Georgia Court Holds Franchisor May Recover Lost Future Royalties
January 8, 2015
- Court Examines Pleading Requirements for Fraud
January 8, 2015
- Motion to Dismiss Fraud and Misrepresentation Claims Denied
January 8, 2015
- Court Enjoins Franchisees’ Post-Termination Trademark Infringement but Declines to Enforce Noncompete Agreement
January 8, 2015
- Wisconsin Federal Court Grants Preliminary Injunction Prohibiting Former Franchisee’s Use of Similar Trademark
January 8, 2015
- Court Strikes Franchise Agreement’s Choice of Law Provision
January 8, 2015
- Wisconsin Federal Court Grants Preliminary Injunction Barring Former Franchisee From Broadcasting Misleading Radio Ad
January 8, 2015
- Medical Clinic Licensor Liable for Sale of Unregistered Franchise Under Illinois Law
January 8, 2015
- Federal Court Denies Motion Seeking to Enjoin the Expiration of a Distributor Agreement Under the Minnesota Franchise Act
January 8, 2015
- Federal Court in California Declines to Extend Patterson Ruling Outside of a Franchise Context
January 8, 2015
- As Part of Recent Actions, National Labor Relations Board Alleges Mcdonald’s Is a “joint Employer” in Unfair Labor Complaints Filed Against Mcdonald’s Franchisees
January 8, 2015
- Court Declines to Dismiss Claim Brought by Audi Dealer After Manufacturer Puts Another Dealership Nearby
December 11, 2014
- Wisconsin Federal Court Upholds Jury Verdict for Dealer on Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing
December 11, 2014
- Distributor Must Have a Sales Location Within New Jersey to Succeed On NJFPA Claim
December 11, 2014
- Low Volume Seller Not a Franchisee Under Connecticut Act
December 11, 2014
- Federal District Court Wrestles With the Effect of State Public Policy on the Validity of a Forum-Selection Clause
December 11, 2014
- Claim For Inducing Price Discrimination Dismissed Because Complaint Failed to Allege Sufficient Knowledge of Price Difference
December 11, 2014
- Court Denies Competing Summary Judgment Motions in Suit for Wrongful Termination of Equipment Dealer in Puerto Rico
December 11, 2014
- Second Circuit Affirms Denial of Preliminary Injunction Under PMPA to Party Terminated for Failure to Pay Fees
December 11, 2014
- Ninth Circuit Refuses to Apply “Stranger” Defense to Interference Claim After Right of First Refusal Exercise
December 11, 2014
- Court Finds Technical Violations of Registration and Disclosure Laws, but Refuses to Award Damages or Rescission
November 5, 2014
- Franchisor’s Refusal to Grant Additional Franchises to an Existing Franchisee Is Not an Unfair or Deceptive Trade Practice
November 5, 2014
- New Jersey Federal Court Dismisses Claims Alleging That Hotel Franchisor Sold a Franchise Knowing That It Would Fail
November 5, 2014
- Court Confirms Arbitration Award Against Franchisee and Alter Ego
November 5, 2014
- Court Bars Guarantor’s Affirmative Defenses Raised in Bankruptcy
November 5, 2014
- Court Allows Consumer Class Action Against Franchisor to Proceed
November 5, 2014
- Franchisor Awarded More Than $480,000 In Attorneys’ Fees and Costs In Litigation to Collect Amounts Owed and to Enforce Post-Termination Obligations
November 5, 2014
- DC Trial Court Holds Consumer Protection Action Challenging Franchisor’s Product Marketing Not Preempted by FDA Law
October 2, 2014
- Six Quick Lessons From Jimmy John’s Data Breach
October 2, 2014
- NASAA Adopts Multi-Unit Commentary
October 2, 2014
- Governor Vetoes Revisions to California Franchise Relations Act
October 2, 2014
- Plaintiff Successfully Pleads a “Place of Business” in New Jersey
October 2, 2014
- Court Grants Franchisor’s Motion for Summary Judgment on Unjust Enrichment, Conversion, and Conspiracy Claims
October 2, 2014
- Franchisee Required to Litigate In Venue Specified by Franchise Agreement’s Forum Selection Clause
October 2, 2014
- Federal Court Orders Former Franchisees to Stop Using Franchisor’s Trademarks and Finds the Termination Valid, Not Pretextual
October 2, 2014
- Federal Court Holds Disclaimer Can Preclude Only Part of Financial Performance Representation Claim Under New York Law
October 2, 2014
- Michigan Federal District Court Denies Conditional Certification of Wage and Hour Action Against McDonald’s Corporation
October 2, 2014
- Franchisor Granted Preliminary Injunction After Prosecution of Duplicative Second-Filed Action
October 2, 2014
- Franchisees Entitled to Rescission Based on Sales Fraud
September 4, 2014
- Texas Federal Court Dismisses Franchisee’s Breach of Contract and Deceptive Trade Practices Act Counterclaims, but Allows Claims for Fraud and Negligent Misrepresentation
September 4, 2014
- District Court Allows Franchisees’ Claim for “Employee” Protection Under the Fair Labor Standards Act
September 4, 2014
- Franchisors Continue to Face “Joint Employer” and “Single Enterprise” Wage and Hour Claims by Franchisees’ Workers
September 4, 2014
- Federal Court Declares Arbitration Clause Ambiguous and Sets Issue for Jury Trial
September 4, 2014
- Third Circuit Rules That the Availability of Classwide Arbitration Is a Question for the Courts, Not an Arbitrator
September 4, 2014
- After-the-Fact Arbitration Policy Did Not Constitute an “Agreement to Arbitrate”, Seventh Circuit Affirms
September 4, 2014
- Franchisor Not Liable to Unit Franchisee for Most of Master Franchisee’s Acts
September 4, 2014
- Ninth Circuit Affirms Finding of No Vicarious Liability for Telephone Consumer Protection Act Violation
September 4, 2014
- California Supreme Court Rules in Favor of Franchisor in <em>Patterson v. Domino’s</em> Case
August 28, 2014
- Massachusetts Supreme Court Clarifies Manufacturer’s Duty to Defend
August 6, 2014
- Court Broadly Interprets Inventory Repurchase Obligations Under the North Carolina Farm Machinery Franchise Act
August 6, 2014
- Supplier’s Summary Judgment Motion Denied by Washington Federal Court on Claims Related to Sale of Products in the Philippines
August 6, 2014
- Federal Court Denies Request for Injunction to Prevent Termination
August 6, 2014
- Dealer’s Wrongful Termination Suit Survives Motion to Dismiss
August 6, 2014
- Federal Court Finds Oklahoma Statute Requires Cause for Nonrenewal of Dealership Agreement
August 6, 2014
- New York Federal Court Rejects Claims Based on Single-Brand Market
August 6, 2014
- Court Denies Motion to Dismiss Robinson-Patman Act Claim Based on Uneven Application of Incentive Program
August 6, 2014
- Restraint of Trade Claims Go Forward Against Football “Franchises” and League
August 6, 2014
- Grocery Store’s Market-Division Claim Against Wholesalers Survives Summary Judgment
August 6, 2014
- Fourth Circuit Upholds Summary Judgment for Manufacturer in Exclusive Dealing Case
August 6, 2014
- California Federal Court Denies Summary Judgment on Termination
July 8, 2014
- Puerto Rico Federal Court Upholds Clause Selecting Florida Forum
July 8, 2014
- Federal Court Awards Default Judgment Damages From Guarantors
July 8, 2014
- New Jersey Federal Court Dismisses Termination Challenge Under State’s Franchise Practices Act
July 8, 2014
- Agreement Partially Enforced in New York, Despite Argument That Franchisor Failed to Provide Proper Sales Disclosure to Franchisee
July 8, 2014
- Court Finds FTC Sufficiently Alleged That Franchisor and Other Defendants Operated as a Common Enterprise in Data Breach Case
July 8, 2014
- Ninth Circuit Affirms Approval of Class Settlement, Including Fees
July 8, 2014
- Supreme Court Holds Company Can Sue Competitor for Unfair Competition Even if It Complies With FDA Labeling Regulations
July 8, 2014
- Franchisees Fail to Establish Any Element of RICO Claim
June 5, 2014
- New Jersey Court Rules Contract and Statute Preclude Claims
June 5, 2014
- New Jersey Appellate Court Confirms Terminated Insurance Agents Are Not in Franchise Relationship With Insurer
June 5, 2014
- California Adopts Electronic Franchise Filings; CALEASI Is Replaced
June 5, 2014
- Federal Court in New Hampshire Finds Franchisor Did Not Forfeit Right to Arbitrate Dispute by Seeking Preliminary Injunction
June 5, 2014
- Lender’s Private Foreclosure Sale to Franchisor Deemed Commercially Reasonable Under California UCC
June 5, 2014
- Minnesota Federal Court Lacks Personal Jurisdiction Over Franchisor’s Directors
June 5, 2014
- Court Denies Franchisee’s Motion to Dismiss Counterclaims
June 5, 2014
- Vague Allegations Regarding Lack of Franchisor Marketing Insufficient for Franchisee to Survive Summary Judgment
June 5, 2014
- Eleventh Circuit Concludes That Franchisee’s Kickback-Scheme Claims Were Not Barred by a One-Year Limitations Provision
June 5, 2014
- Supreme Court This Week Issues Two Decisions Favoring Defendants in Patent Litigation
June 5, 2014
- Missouri District Court Awards Attorneys’ Fees and Costs in Termination Case
June 5, 2014
- Federal Court in California Denies Motion of Franchisee’s Supplier to Intervene in Franchisor’s Action Against the Franchisee
May 1, 2014
- Court Enforces Noncompete After Expiration
May 1, 2014
- Court Holds That Franchisor May Be Liable for Data Breach at Franchised Location
May 1, 2014
- Class Certification Denied in Customer’s Federal Lawsuit Regarding Unsolicited Text Messages
May 1, 2014
- Court Holds Former Franchisee in Contempt for Failing to Comply with Temporary Restraining Order
May 1, 2014
- Franchisor Uses Uniform Domain-Name Dispute-Resolution Policy to Obtain Control Over Infringing Domain
May 1, 2014
- California Federal Court Denies Franchisee’s Preliminary Injunction Motion to Prevent Franchisor’s Arbitration of Dispute
May 1, 2014
- New Government Contractor Affirmative Action Requirements Took Effect Last Month
April 3, 2014
- “Warranty Cost Recovery Charge” Violates Illinois Act
April 3, 2014
- Franchise Relationship Found Under New Jersey Statute
April 3, 2014
- Ohio Court Dismisses Takings Claim Against Successor Manufacturer
April 3, 2014
- Court Declines Invitation to Stray From Language of Agreement
April 3, 2014
- Dealer’s Encroachment Claims Dismissed
April 3, 2014
- Court Denies Preliminary Injunction for Termination of Oral Dealer Agreement and Alleged Discrimination
April 3, 2014
- Distributor’s Antitrust Claims Dismissed on Summary Judgment
April 3, 2014
- Tying and Other Claims by Service Competitor Rejected
April 3, 2014
- Texas Court Enforces Forum-Selection Clause Against Guarantor
March 10, 2014
- Federal Court Requires Franchisee to Plead Place of Business to Succeed on a New Jersey Franchise Practices Act Claim
March 10, 2014
- Federal Court Confirms Arbitration Award Against Alter-Ego
March 10, 2014
- Former Franchisee’s Failure to Fully Deidentify Deemed Infringement
March 10, 2014
- New York Franchise Sales Act Claims Withstand Summary Judgment
March 10, 2014
- Court Allows Claim for FTC Franchise Rule Violation to Proceed Under “Negligence Per Se” Theory
March 10, 2014
- Seventh Circuit Grants Stay Pending Appeal to Decide Whether Franchise Agreement and Related Real Property Lease Should Be Treated as a Single Executory Contract Under Bankruptcy Law
March 10, 2014
- Federal Court Dismisses Rescission Claim Against Franchisor
March 10, 2014
- Court Grants Summary to Hotel Management Company
March 10, 2014
- Appellate Court Vacates Order Denying Franchisor’s Motion for Preliminary Injunction; District Court Then Grants Summary Judgment to Franchisor and Enters Final Injunction
March 10, 2014
- New Jersey Federal Court Dismisses Franchise Sales Fraud Claims Without Prejudice
February 5, 2014
- Licensee Whose Business Plan Denied Franchisee Status Estopped From Claiming It Was a Franchisee
February 5, 2014
- District Court Grants Franchisor’s Motion for Stay While Seventh Circuit Considers Application of Federal Arbitration Act to “Non-Binding” Arbitration Clause
February 5, 2014
- Court Finds Franchisee Who Orally Assumed a Franchise Agreement Is Not Bound by the Agreement’s Arbitration Clause
February 5, 2014
- Washington Federal Court Denies Motion to Hold Defendants in Contempt of Consent Judgment for Trademark Infringement
February 5, 2014
- California Court of Appeal Upholds Order Dissolving Preliminary Injunctive Relief in Favor of Franchisee
January 9, 2014
- Franchise Dispute Over Advertising Fund Not Subject to Dismissal
January 9, 2014
- Court Rejects Challenge to Arbitration Award by Franchisee Who Claimed That Franchisor’s Lawyer Engaged in Unethical Conduct
January 9, 2014
- Court Examines Arbitrability of Wage Act Claims in the Awuah Dispute
January 9, 2014
- New Mexico District Court Finds Franchisor May Be Vicariously Liable for Death of Franchisee’s Employee
January 9, 2014
- Fourth Circuit Affirms District Court’s Decision That Expiration of a Franchise Agreement Did Not Constitute Termination
January 9, 2014
- Missouri District Court Upholds Termination of Franchise Based on Fraud
January 9, 2014
- West Virginia Supreme Court Affirms Termination of Distributorship
December 12, 2013
- Court Denies Summary Judgment on Statutory and Equitable Claims in Missouri Dealer Termination Suit
December 12, 2013
- Court Dismisses Complaint Finding No Exclusive Arrangement in the Parties’ Distribution Agreements
December 12, 2013
- Pennsylvania District Court Dismisses Beer Distributor’s Amended Complaint Against MillerCoors
December 12, 2013
- Court Grants Partial Judgment to Distributor on Commission Claim
December 12, 2013
- Ohio Supreme Court Allows Successor Manufacturer to Terminate Distributorship Under the Ohio Alcoholic Beverages Franchise Act
December 12, 2013
- Community of Interest Fact Questions Under Wisconsin Fair Dealership Law Prevent Summary Judgment
December 12, 2013
- Repurchase of Inventory Claim Survives Summary Judgment Under Virginia Equipment Dealers Protection Act
December 12, 2013
- New York Federal Court Finds Local Advertising Requirement Does Not Constitute Franchise Fee
December 12, 2013
- Seventh Circuit Affirms Denial of Preliminary Injunction Finding PMPA Termination for Failure to Pay Was Proper
December 12, 2013
- Illinois District Court Grants in Part and Denies in Part Supplier’s Motion to Dismiss for Failure to State a Claim
December 12, 2013
- Maryland Attorney General Announces Franchise Advisory Committee, Extends Date for Filing Financial Statements
November 7, 2013
- Maryland Bar Franchise Committee Will Not Back Franchise Law Proposal; Sponsor Will Not Introduce Bill
November 7, 2013
- California Federal Court Dismisses Case for Improper Venue
November 7, 2013
- Federal Court in New Jersey Holds That Minnesota Franchise Act Does Not Preclude Litigating in Forums Other Than Minnesota
November 7, 2013
- Bankruptcy Stay Prevents Injunctive Relief Against Franchisee’s Corporate Operating Company
November 7, 2013
- Florida Federal Court Also Grants Preliminary Injunction After Franchisor’s Immediate Termination Without Advance Notice
November 7, 2013
- New York Federal Court Grants Preliminary Injunction to Franchisor Based on Rescission of Franchise Agreement
November 7, 2013
- Federal Court Dismisses Franchisee’s Fraud and Misrepresentation Claims Because the Franchise Agreement Directly Contradicts Alleged Misrepresentations
November 7, 2013
- Illinois Appellate Court Affirms Dismissal of Franchisee’s Fraud Claims
November 7, 2013
- Court Approves Settlement in Class Action Lawsuit Filed Against Franchisor
November 7, 2013
- South Korea Adopts Franchisee Protectionist Legislation
October 16, 2013
- Article Highlights Ways to Increase Price Paid for Franchise Systems
October 9, 2013
- Texas Federal Court Determines Claims for Injunctive Relief Are Not Subject to Arbitration
October 9, 2013
- Federal Court Finds That Size of Underlying Arbitration Claims Should Be Used to Measure Diversity Jurisdiction in Court Case
October 9, 2013
- Kansas Federal Court Allows Claim for Breach of Contract
October 9, 2013
- Minnesota Federal Court Dismisses Franchisee’s E-Commerce Claims
October 9, 2013
- Canadian Arbitration Panel Concludes Required Software Is Part of Franchise System
September 12, 2013
- Federal Court Remands Case to Arbitration
September 12, 2013
- Court Finds New Jersey Franchise Practices Act Applies to Development Agreement and Declines to Enforce Forum Clause
September 12, 2013
- Court Grants Dismissal of Discrimination Claims Against Franchisor
September 12, 2013
- Maryland District Court Denies Franchisee’s Earnings Claims
September 12, 2013
- Court Issues Preliminary Injunction Against Franchisees Who Failed to Follow Promotion
September 12, 2013
- New Jersey Federal Court Holds That Integration Clause Bars Claims Based on Precontractual Representations
September 12, 2013
- Economic Loss Doctrine Bars Franchisee Tort Claims Premised on Pre-Agreement Misrepresentation
September 12, 2013
- Court Awards Franchisor $3.1 Million in Attorneys’ Fees Based on Contractual Fee-Shifting Provision in Franchise Agreement
September 12, 2013
- Franchisor Wins Latest Round in the <em>Awuah</em> Saga
September 12, 2013
- Eighth Circuit Denies Injunction to Stop Competition by Former Franchisee, and District Court Allows Counterclaim
September 12, 2013
- Missouri Federal Court Dismisses Portions of Dealer’s Franchise Act Claims Based on Notice, but Allows Other Claims to Proceed
August 14, 2013
- Court Holds New Issues Arise When Manufacturer Terminates Dealership Franchise After Previous Litigation
August 14, 2013
- Massachussetts Federal Court Defines “Community of Interest” as It Relates to Massachussetts Franchise Law
August 14, 2013
- Court Rules Integration Clause Bars Both Parties’ Claims Involving Preagreement Representations
August 14, 2013
- Eighth Circuit Affirms Summary Judgment for Plaintiff Finding No Breach of Contract
August 14, 2013
- Ninth Circuit Affirms Summary Judgment Against Plaintiff’s Robinson-Patman Act and Sherman Act Allegations
August 14, 2013
- Hotel Franchisor Must Stand Trial After Sickness at Franchised Unit
July 18, 2013
- Massachusetts Supreme Court Rules Modified “Right of Control” Test Applies to Vicarious Liability Claims Against Franchisor
July 18, 2013
- Class Action Lawsuits Against Subway for Misleading Advertising Are Centralized by Judicial Panel for Multidistrict Litigation
July 18, 2013
- Federal Court Upholds Franchise Agreement Forum Selection Clause
July 18, 2013
- “Unclean Hands” Defense Does Not Help Franchisee Who Continued to Accept Benefits Under Its Franchise Agreement
July 18, 2013
- Kentucky District Court Concludes It Lacks Personal Jurisdiction Over Guarantors to Franchisees’ Promissory Notes
July 18, 2013
- Court Denies Franchisee’s Motion for Injuction Against Termination
July 18, 2013
- Court Dismisses Licensee’s Fraud Claim Based on Parol Evidence Rule
July 18, 2013
- Second Circuit Finds Insurance Agent Is Not a Franchisee
July 18, 2013
- Ninth Circuit Once Again Affirms $16 Million Verdict in Favor of Licensee
July 18, 2013
- A Rhode Island Court Rejects Wendy’s Franchisee’s Challenge to the Nearby Development of a McDonald’s Franchise
June 13, 2013
- Texas Appeals Court Holds Franchisor Not Entitled to Award of Fees in Enforcing Noncompete Agreement That Was Reformed
June 13, 2013
- Court Finds That Clear Language in Agreements Disproves Franchisee’s Reasonable Reliance on Franchisor’s Promises
June 13, 2013
- Wisconsin Court Rules That Exculpatory Clauses in Parties’ Contract Do Not Bar Franchisee From Bringing Misrepresentation Claim
June 13, 2013
- Court Finds Personal Jurisdiction Over Franchisee Despite Competing Clauses in Agreements
June 13, 2013
- Court Transfers Employment Action to Franchisor’s Home State
June 13, 2013
- Franchisee’s Breach of Contract and Breach of Good Faith and Fair Dealing Claims Dismissed in Termination Case
June 13, 2013
- Court Finds Employee’s Wage and Hour Claim Falls Within Arbitration Provision of Online Employment Application
June 13, 2013
- The Trademark Clearinghouse Is Now Accepting Registrations
May 16, 2013
- Georgia Federal Court Dismisses Franchisor’s Claims for Unjust Enrichment, Negligence, and Punitive Damages
May 16, 2013
- New Jersey Court Finds No Evidence That Franchise Agreement Was “Unconscionable” Where Parties Negotiated Terms
May 16, 2013
- Minnesota Federal Court Denies Franchisor Lost Future Royalties
May 16, 2013
- Northern District of Illinois Grants Attorneys’ Fees Against Franchisee and Pro Se Guarantor in Termination Case
May 16, 2013
- Franchisor Recovers Lanham Act and Actual Damages From Holdover Franchisee
May 16, 2013
- Franchisor’s Claim for Insurance Coverage Dismissed Based on Contractual Exclusion
May 16, 2013
- Eastern District of Missouri Enforces Provisions Waiving the Right to a Jury Trial, Punitive Damages, and Lost Future Profits
May 16, 2013
- Fourth Circuit Reverses District Court’s Ruling That Franchise Arbitration Clause Was Unconscionable
May 16, 2013
- Iowa Court Denies Damages and Attorneys’ Fees to Dealer That Prevailed in Wrongful Termination Suit
April 23, 2013
- Oklahoma Appellate Court Reverses Finding of Agency Relationship Between Ford Motor Company and Dealer
April 23, 2013
- New Hampshire Supreme Court Holds Settlement of Termination Dispute Violates Statute
April 23, 2013
- State Appeals Court Holds That Terminated Distributors Cannot Assert Claims Under the Texas Deceptive Trade Practices Act
April 23, 2013
- Minnesota Court of Appeals Affirms Dismissal of Dealership’s Unfair Practices and Pricing Discrimination Claims
April 23, 2013
- Court Denies Manufacturer’s Motion to Dismiss New Jersey Franchise Practices Act Claim
April 23, 2013
- Nebraska Supreme Court Provides Its First Interpretation of State Antitrust Act Provision in Credit Report Reseller Dispute
April 23, 2013
- Two Manufacturers’ Grants of Exclusive Dealerships to Home Depot Held Not Enough to Allege Illegal Agreement
April 23, 2013
- Federal Court Holds Manufacturer Did Not Timely Exercise Right of First Refusal
April 23, 2013
- Court Finds Minnesota Sales Representative Act Not Applicable Despite the Parties’ Choice of Minnesota Law
April 23, 2013
- Texas Federal Court Refuses to Require Distributor to Prevent Encroachment by Dealers Against Each Other
April 23, 2013
- Sixth Circuit Rejects Arbitration That It Finds “Was a Model of How Not to Conduct One”
April 23, 2013
- New Jersey Federal Court Upholds Forum Selection Clause
March 13, 2013
- Insurer Coverage Denial for Contractual Exclusion in Franchise Dispute Is Upheld
March 13, 2013
- Federal District Court Rules That Similarity of a Former Franchisee’s Trademark to the Franchisor’s Warrants an Injunction
March 13, 2013
- Court Refuses to Certify Customers as Class Because They Failed to Demonstrate They Suffered the Same Injury
March 13, 2013
- District Court Affirms Bankruptcy Court Determination That Option Holder Had Standing Under Texas Deceptive Trade Practices Act
March 13, 2013
- Federal Court Enforces Settlement Terms Sheet
March 13, 2013
- Pennsylvania Federal Court Enforces Immediate Termination and Eviction for Underreporting of Sales
March 13, 2013
- Ninth Circuit Affirms $16 Million Verdict in Favor of Licensee
March 13, 2013
- Kentucky Federal Court Allows Franchisee to Proceed With Claim That Financial Projections Violate Minnesota Act
March 13, 2013
- Iowa Federal Court Enforces Arbitration Provision
February 13, 2013
- Franchisor Found Vicariously Liable for Franchisee Advertising
February 13, 2013
- Washington Court Declines to Vacate Order Compelling Arbitration Absent Showing of Prejudice
February 13, 2013
- District Court Upholds Arbitration Finding of Constructive Termination Under Wisconsin Statute
February 13, 2013
- Court Upholds Narrow Definition of “Consumer” Under Illinois Consumer Fraud and Deceptive Business Practices Act
February 13, 2013
- Federal Court Finds It Lacks Jurisdiction Over FTC Act Claim
February 13, 2013
- Federal Court Rules Dispute Resolution Clause Must Be Followed Prior to Litigation and Stays Pending Proceedings
February 13, 2013
- Preliminary Injunction Enforcing Post-Term Noncompete Applied to Former Franchisees and Others Acting in Concert With Them
February 13, 2013
- Court Denies Challenge to Venue in Franchisor’s Home State
February 13, 2013
- Pizza Franchisor’s Trade Dress Infringement Claims Fail
February 13, 2013
- United States Supreme Court Holds Broad Covenant Not to Sue Moots Trademark Infringement Action
February 13, 2013
- Gray Plant Mooty Adds Mark Kirsch and Jan Gilbert
February 13, 2013
- Connecticut Court Enforces Arbitration Clause Against Franchisee Association
January 9, 2013
- Separate Courts Deny Hotel Franchisors’ Motions to Dismiss Consumer Class Action Complaints
January 9, 2013
- Court Rejects State Law Good Faith and Fair Dealing Claim
January 9, 2013
- Ontario Appeals Court Upholds Decision Dismissing Franchisees’ Class Action Claims
January 9, 2013
- Virginia Considering Technical Changes to Virginia Franchise Rules
January 9, 2013
- Maryland Federal Court Grants Franchisor’s Motion to Dismiss Landlord/Tenant Dispute
January 9, 2013
- Court Upholds Franchisor’s Rejection of Franchisees’ Proposed Transfers of Franchises
January 9, 2013
- Federal Court Denies Franchisor’s Motion for Preliminary Injunction to Enforce Noncompete
January 9, 2013
- Covenant Not to Compete in Settlement Agreement Enforced Against Former Franchisee
January 9, 2013
- Federal District Court Follows e<em>Bay v. Mercexchange</em> In Not Applying Presumption of Irreparable Harm in Trademark Cases
January 9, 2013
- Development Agent Not Covered by Alabama Sales Representative Commission Statute
January 9, 2013
- Second Circuit Upholds Arbitration Award Pursuant to Business Opportunity Law
January 9, 2013
- Federal Court of Appeals Enforces a Franchisor’s Arbitration Requirement
January 9, 2013
- Court Refuses to Dismiss or Transfer Manufacturer’s Declaratory Judgment Suit Against Former Distributor
December 11, 2012
- Court Denies Manufacturer’s Motion to Dismiss Counterclaims Regarding an Unauthorized Transfer of Dealership
December 11, 2012
- New York Court Finds No Fiduciary Duty Between Supplier and Dealer
December 11, 2012
- New York Appeals Court Affirms Summary Judgment for Dealers in Dispute Over Incentive Program
December 11, 2012
- Distributor Survives Summary Judgment by Using Customer Affidavits to Demonstrate Existence of Trademark License
December 11, 2012
- New York Appellate Court Upholds Claim of Oral Distribution Agreement Against Supplier
December 11, 2012
- Indiana Federal Court Allows Claim for Breach of Oral Contract
December 11, 2012
- Court Concludes That Remedies Under Maine’s Unfair Trade Practices Act Do Not Apply to Relationships Governed by Franchise Act
November 19, 2012
- Court Dismisses Franchisee’s Fraud and Statutory Claims
November 19, 2012
- Court Enforces Contract Despite Inability to Produce Signed Copy
November 19, 2012
- Illinois Federal Court Grants Motion to Compel Arbitration
November 19, 2012
- California Federal Court Approves ADA Class Action Settlement
November 19, 2012
- Franchisor Enforces Post-Expiration Noncompete Agreement
November 19, 2012
- Courts Routinely Enforce Compliance With System Standards Following <em>Dunkin’ Donuts v. Priya</em>
November 19, 2012
- Gray Plant Mooty Welcomes Sandy Bodeau to Its Franchising Mergers & Acquisitions Team
November 19, 2012
- Court Grants Injunction Requiring Franchisees to Stop Violating Covenant Not to Compete
October 18, 2012
- Court Holds Franchisees in Contempt but Finds Franchisor Failed to Prove Franchisees Were Violating Noncompete
October 18, 2012
- Court Transfers Termination Action After Franchisee and Personal Guarantors Move to Dismiss on Jurisdiction and Venue Grounds
October 18, 2012
- Dispute Over Merits of Franchise Agreement Termination Is Not Enough to Defeat Summary Judgment on Trademark Infringement
October 18, 2012
- Court Rules for Plaintiff Franchisor on Summary Judgment
October 18, 2012
- Motion to Compel Individual Arbitration Granted
October 18, 2012
- Court Allows Franchisor’s Action to Force Arbitration Against Individual Member of Franchisee Association
October 18, 2012
- Tying Claim Against Franchisor Ultimately Fails on Other Grounds
October 18, 2012
- Court Denies Injunction to Franchisee Who Failed to Meet Current Performance Standard After Renewal
October 18, 2012
- Michigan Federal Court Grants Franchisors’ Motion for Summary Judgment and Dismisses Franchisees’ Claims
October 18, 2012
- Court Approves Settlement of Franchisees’ Class Action FLSA Claims
September 17, 2012
- California Court Finds That Franchisor Could Be Held Liable for Restaurant Patron’s Injuries Based on Agency Relationship
September 17, 2012
- Liquidated Damages Provision Upheld in Face of Alleged Oral Promise
September 17, 2012
- Court Holds Noncompete Agreement Enforceable Only Where Franchise Agreement Is Terminated, Not When It Expires
September 17, 2012
- Federal Court Enters Preliminary Injunction to Enforce Covenant Against Competition
September 17, 2012
- Court Dismisses Claims Against Website and Lanham Act Claims Pertaining Only to Registered Marks
September 17, 2012
- Wisconsin Court Finds Franchisee Waived Its Right to Trial by Jury
September 17, 2012
- Franchisor Awarded Damages; Franchisee’s Claims Based on Franchisor Duties Dismissed on Summary Judgment
September 17, 2012
- Franchisee Able to Pursue Wrongful Termination Claim Based Under Indiana Act Despite Time-Barred Claim Under Distributor Agreement
September 17, 2012
- Connecticut Franchise Act Does Not Extend Protection to Terminated Insurance Agent
September 17, 2012
- Seventh Circuit Denies Franchisor Right to Terminate Franchisee for Failing to Follow New Pricing Policy
September 17, 2012
- Eighth Circuit Reverses District Court Finding That Franchise Agreement Was Renewable in Perpetuity
September 17, 2012
- Court Applies Statute of Limitations to Bar Franchisee’s Claim
September 17, 2012
- Illinois State Court Dismisses Plaintiff’s Claims Against Hotel Franchisor on <em>Forum Non Conveniens</em> Grounds
September 17, 2012
- Revisions to Ohio Business Opportunity Law Could Affect Some Franchisors
August 10, 2012
- New Jersey Federal Court Grants Franchisor Summary Judgment Upholding Its Termination of Franchisee for Failure to Pay Fees
August 10, 2012
- New Jersey Court Disqualifies Firm Based on Conflict of Interest
August 10, 2012
- Maryland Federal Court Examines Fraud and Antitrust Claims
August 10, 2012
- Franchise Agreement Waiver of Jury Trial Upheld
August 10, 2012
- Franchisor Not Liable for Text Message Marketing Campaign Conducted by Franchisees
August 10, 2012
- Limitations Period Under California Franchise Investment Law Runs From Time of Disclosure
August 10, 2012
- Silence on Class Arbitration Does Not Necessarily Bar All Class Actions in Arbitration Forum, First Circuit Holds
August 10, 2012
- Florida Federal Court Dismisses Trademark Claims Due to Plaintiff’s Incorrect Citations
August 10, 2012
- Dismissal Granted in Part and Denied in Part on Franchise System Distributor’s Claims Relating to E. Coli Outbreak in 2006
August 10, 2012
- Court Grants Franchisee Summary Judgment in Dispute Over Franchisor’s Attempt to Enforce Pricing and Promotions Policy
August 10, 2012
- Federal Court Declines to Enter Preliminary Injunction to Enforce Covenant Against Competition
August 10, 2012
- Non-Compete Provision Extending to All Business Products and Services Found Overly Broad
August 10, 2012
- What Franchise Trademark Owners Need to Know About the New Internet Generic Top-Level Domains (gTLDs)
July 12, 2012
- Washington Court Holds That a Deduction From Commission Payments May Be a Franchise Fee
July 12, 2012
- Court Rejects Claim Under PMPA Because Plaintiff Not a Franchisee
July 12, 2012
- Court Compels Arbitration Against Distributor’s Spouse
July 12, 2012
- Court Affirms Preliminary Injunction Preventing Termination of Distributors
July 12, 2012
- Unsigned Contract Does Not Create Binding Commitment to Distributor
July 12, 2012
- Fourth Circuit Interprets Contract Integration Clause Narrowly in Declining to Excuse Obligations
July 12, 2012
- The Sixth Circuit Upholds Lower Court’s Allocation of a Jury’s Damages Award
July 12, 2012
- Contractual Ambiguity Causes Court of Appeals to Remand $1.9 Billion Damages Award
July 12, 2012
- Covenant Against Competition in Consultant Agreement Does Not Violate Sherman Act
July 12, 2012
- Federal Court Grants Summary Judgment for Defendant on Claim of Monopolization
July 12, 2012
- State Court Decisions Reflect Continued Lack of Consistency Regarding Treatment of Vertical Resale Price Maintenance
July 12, 2012
- Federal Court Dismisses Franchisee’s Case and Compels Arbitration
June 14, 2012
- Few Encroachment Claims Brought in Recent Years
June 14, 2012
- Florida Federal Court Stays Litigation Pending Franchisor’s Motion to Compel Arbitration
June 14, 2012
- Missouri Federal Court Finds That Arbitrator Has Power to Decide Whether to Allow Collective Arbitration
June 14, 2012
- Court Grants in Part Franchisor’s Motion to Dismiss Franchisee’s Claim for Breach of Implied Covenant of Good Faith and Fair Dealing
June 14, 2012
- Court Holds Franchisee in Contempt for Violation of Injunction
June 14, 2012
- Injunction Action Allowed as Exception to Mandatory Mediation
June 14, 2012
- Washington State Passes Technical Amendments to Franchise Act
June 14, 2012
- Court Finds Franchisee Did Not Have Absolute Right to Purchase Territory Adjacent to His Exclusive Territories
June 14, 2012
- Maryland District Court Dismisses Franchisee Defendants From Case After Finding Lack of Personal Jurisdiction
May 10, 2012
- Closing Addendum and Integration Clause Defeat Claim of Unlawful Financial Performance Representation
May 10, 2012
- Court Finds Former Franchisee in Contempt
May 10, 2012
- Georgia District Court Bars Certain Claims Arising From Franchisor’s Failure to Disclose an Owner’s Interest in Designated Supplier
May 10, 2012
- Court Holds Franchise Agreement Not a Personal Services Contract
May 10, 2012
- Keyword Advertising Claims Against Google Resurrected
May 10, 2012
- Franchisee’s Notice to Customers Regarding End of Franchise Relationship Does Not Constitute Trademark Infringement
May 10, 2012
- Court Denies Preliminary Enforcement of Noncompete Covenant Based on Failure to Show Irreparable Injury
May 10, 2012
- Federal Court Grants Preliminary Injunction Enforcing Covenant
May 10, 2012
- What Has Followed From <em>Collins v. IDQ</em>?
May 10, 2012
- Post-Termination Cases After <em>McDonald’s v. Robertson</em>
April 12, 2012
- Court Grants Summary Judgment for Franchisor on Claim That Content of Advertising Campaign Breached Implied Covenant
April 12, 2012
- Potential Good Faith and Fair Dealing Claim Allowed to Proceed
April 12, 2012
- New Manitoba, Canada Franchise Regulations Proclaimed
April 12, 2012
- New Chinese Franchise Administrative Measures Adopted
April 12, 2012
- Canadian Court Dismisses Tim Hortons Putative Class Action
April 12, 2012
- Court Upholds Franchisors’ Decision Not to Renew Franchise
April 12, 2012
- Court Partially Grants Franchisor’s Motion to Dismiss
April 12, 2012
- Federal Court Denies Former Franchisees’ Motion for Summary Judgment on Their Claim for Violation of Michigan Statute
April 12, 2012
- Court Rejects Franchisees’ “You Breached First” Defense
April 12, 2012
- Florida Court Protects Franchisor’s Training and Operations Manuals From Discovery in Connection With Vicarious Liability Claim
April 12, 2012
- Court Finds Personal Jurisdiction Over Spouse of Franchise Owner
April 12, 2012
- Market Forces Alone Not Sufficient Basis for Coercion Under Alabama Motor Vehicle Franchise Act
March 8, 2012
- Sales Lost to Competitor Adequate to State Claim of Price Discrimination
March 8, 2012
- Arkansas Court Dismisses Online Retailer’s Sherman Act Claims
March 8, 2012
- Court Denies Dismissal of Claims for Breach and Interference
March 8, 2012
- Court Upholds Distributor’s Right to Authorize Multiple Dealerships
March 8, 2012
- Savings Clause Undermines Motion to Compel Arbitration
March 8, 2012
- Texas Court of Appeals Finds Manufacturer Failed to Use Best Efforts to Settle Dispute
March 8, 2012
- District Court Reverses Bankruptcy Court’s Ruling On Severability of Workout Agreements and Reinstates Franchise Agreements
February 8, 2012
- California Appellate Court Finds No Breach in the Renewal of Franchise Agreements
February 8, 2012
- Federal Court Denies Franchisor’s Motion for a Preliminary Injunction Following Termination of Franchisee
February 8, 2012
- California Federal Court Enjoins Use of Confusingly Similar Name
February 8, 2012
- California Court of Appeals Reverses Lower Court’s Grant of Summary Judgment in Favor of Franchisor
February 8, 2012
- Court Upholds Arbitration Clause But Finds Unconscionable Requirement That Plaintiff Advance Costs
February 8, 2012
- Arbitration Venue and Choice of Law Provision in Franchise Agreement Struck Down
February 8, 2012
- Court Denies Franchisees’ Motion to Dismiss Claim of Breach Based on Underpayment of Royalties and Noncompete Violation
February 8, 2012
- Clause Barring Former Franchisee From Employment in Any Capacity in Competing Business Voided in Georgia as “Overly Broad”
February 8, 2012
- Court Enjoins Former Franchisees From Competing for Two Years Within 100 Miles of Former Territory or That of Any Other Franchisee
February 8, 2012
- What Happened After the Americans With Disabilities Act Cases of the 1990s?
February 8, 2012
- Insurer’s Duty to Defend Franchisee Triggered in Trademark Infingement Case
January 11, 2012
- Ninth Circuit Affirms Summary Judgment Under CFIL
January 11, 2012
- Court Holds That New Jersey Consumer Fraud Act Does Not Apply to Sale of Franchises
January 11, 2012
- Colorado Federal Court Denies Franchisor’s Motion for Summary Judgment on Its Trademark Claim
January 11, 2012
- Court Rejects Extraterritorial Application of Lanham Act
January 11, 2012
- Court Rules Holdover Franchisee’s Continued Unauthorized Use of Franchisor’s Trademark Constitutes “Counterfeit” Use of the Mark and Entitles Franchisor to Enhanced Damages
January 11, 2012
- Former Buffalo Wild Wings Franchisees Are Enjoined From Using Franchisor’s Trademarks
January 11, 2012
- Court Enforces Covenant Against Third-Party Nonsignatories and Against Conduct Through a Related Business
January 11, 2012
- China’s MOFCOM Amends Franchise Measures
January 11, 2012
- FTC Franchise Rule to Be Enforced by Consumer Financial Protection Bureau
January 11, 2012
- New York Adopts “2012 Franchise Expo” Registration Exemption
January 11, 2012
- What Has Followed From <em>Broussard v. Meineke</em>?
January 11, 2012
- No Equitable Estoppel in Four Year Old Trademark Claim
December 15, 2011
- District Court Denies Request for Certification of Direct Appeal From the Bankruptcy Court to Eighth Circuit
December 15, 2011
- Court Dismisses Suit Against Franchisor, Judge, and Arbitration
December 15, 2011
- Negligent Misrepresentation Counterclaim Against Franchisor Barred By Economic Loss Rule
December 15, 2011
- Late Counterclaim Not Allowed to Derail Judgment for Franchisor
December 15, 2011
- Court Holds That Lantham Act Claims Are Not Required to Be Pled With Particularity
December 15, 2011
- California Federal Court Grants Supplier’s Motion to Dismiss
December 15, 2011
- Non-Renewal Is Not a Breach of Good Faith Covenant
December 15, 2011
- New Jersey Federal Court Holds That Forum Selection Clause Does Not Bar Right to Seek Transfer to More Conveniant Forum
December 15, 2011
- Franchisor Not Liable for Franchisee’s Construction Costs
December 15, 2011
- Court Dismisses Claims for Breach of Implied Covenant of Good Faith and Fair Dealing Based on Differential Treatment
December 15, 2011
- Court Grants Summary Judgment to Local Officials in Suit Involving Enforcement of Anti-Franchise Law
December 15, 2011
- Ninth Circuit Holds Washington Franchise Statute Does Protect California Franchisee
December 15, 2011
- Court Refuses to Extend Protections of Minnesota Franchise Act to Out of State Distributor
December 15, 2011
- Kentucky Surpreme Court Finds Franchisor Not Liable for Workers’ Compensation Benefits Paid to Franchisee Employee
December 15, 2011
- Looking Back on How the Most Significant Cases and Issues Have Developed Between Issues 101 and 150 of <em>The GPMemorandum</em>
December 15, 2011
- Senate Committee Approves Resale Pricing Legislation
November 17, 2011
- Court Rejects Dealer’s Challenge to Arbitrate Award
November 17, 2011
- Multiple Agreements with Distributor Entities Not Grounds to Invalidate Venue and Arbitration Clauses
November 17, 2011
- Tenth Circuit Upholds Business Competitor Privilege Against Tortious Interference Claim
November 17, 2011
- Affidavit From Dealership’s President Could Not Establish Applicability of Connecticut Franchise Act
November 17, 2011
- Manufacturer Found in Violation of Connecticut’s Business Opportunity and Unfair Trade Practices Laws
November 17, 2011
- Illinois Appeals Court Confirms That Motor Vehicle Franchise Act Does Not Apply to ATVs, Snowmobiles
November 17, 2011
- Alabama Court Affirms Franchisor’s Termination of Franchisee For Ongoing Breach
November 17, 2011
- Distributor Was Not Tiffany’s Exclusive Distributor
November 17, 2011
- Motive Irrelevant in Evaluating Decision to Terminate
November 17, 2011
- Manufacturer Cannot Use State Relationship Law to Trump Contract Provisions More Favorable to Dealer
November 17, 2011
- On Reconsideration, Court Declines to Dismiss Franchisee Association Case Challenging Franchisor’s Rules and Practices
October 14, 2011
- Court Denies Summary Judgment to Franchisor on Fraud Claim
October 14, 2011
- Franchisee’s Fraud Claim Dismissed in Light of Clear Disclosure and UFOC Receipt
October 14, 2011
- North Dakota Federal Court Denies Franchisor Summary Judgment
October 14, 2011
- Court Denies Franchisee’s Motion to Dismiss Claim Alleging Breach of Contract Based on Underreporting of Sales
October 14, 2011
- New Jersey Court Upholds Compliant Franchisee’s Rights to Renew
October 14, 2011
- Court Denies Franchisee’s Motion for Summary Judgment, Finding That Franchisor Could Recover Lost Future Profits
October 14, 2011
- Statutue of Frauds Satisfied Despite No Signature From the Franchisee
September 15, 2011
- Summary Judgment Granted on Nearly All Claims by Three Cleaning Franchisees
September 15, 2011
- Court Enforces Arbitration Clause While Issuing Injunction
September 15, 2011
- Eighth Circuit Applies Recent Supreme Court Ruling to Require Arbitration in Franchise Case
September 15, 2011
- Court Upholds Termination Based on Franchisee’s Failure to Pay
September 15, 2011
- Court Finds in Favor of Franchisor on Registration and Earnings Claims
September 15, 2011
- New York Federal Court Finds Franchisor Not Vicariously Liable for the Unpaid Debts of Its Franchisee
September 15, 2011
- New York State Court Denies McDonald’s Motion for Summary Judgment on Vicarious Liability Claim
September 15, 2011
- Court Grants Summary Judgment to Franchisor on Claim by Franchisee’s Employee
September 15, 2011
- Massachusetts Supreme Court Issues Damages Ruling In <em>Awuah</em>
September 15, 2011
- Court Holds That Franchsees Can Proceed With Action For Defamation Based on Statements Appearing on Franchisor’s Website
September 15, 2011
- Court Grants Preliminary Injunction Against Franchise for Health/Food Safety Violations Based Primarily on Trademark Infringement Instead of Contract Claims
September 15, 2011
- Arbitration Clause on Website and Invoice Not Part of Agreement
August 15, 2011
- Wisconsin Supreme Court Declines to Exercise Personal Jurisdiction Over Foreign Parent of American Subsidiary
August 15, 2011
- First Circuit Affirms Lower Court’s Decision That Franchisors Did Not Violate the PMPA
August 15, 2011
- Wisconsin Fair Dealership Law Applies to Girl Scouts Organization
August 15, 2011
- Court Allows Claim Based on an Illegal Tying Arrangement to Proceed
August 15, 2011
- Eighth Circuit Affirms Summary Judgment for Supplier of Medical Supplies in Antitrust Class Action
August 15, 2011
- Cure Opportunity Did Not Waive Right to Terminate at Will
August 15, 2011
- Court Finds Lack of Good Cause to Terminate Under Wisconsin Law
August 15, 2011
- Court Grants Summary Judgment to Hyundai and Its Credit Subsidiary on Dealer’s Day in Court Act Claim
August 15, 2011
- Court Dismisses Distributors’ Counterclaims That Were Contradicted by Their Distributorship Agreements
August 15, 2011
- Notice of Termination Does Not Constitute Termination
August 15, 2011
- First Circuit Rejects Claim for Breach of Franchise Agreement Under Massachusetts Dealer’s Bill of Rights
August 15, 2011
- Court Allows Franchisee Association to Pursue Challenge to Franchisor’s Rules and Practices
August 4, 2011
- Court Allows Claims Based on Fraudulent Cost Projections
July 20, 2011
- No Claim for Refusal to Provide Same Store Sales Under Old Rule
July 20, 2011
- Court Finds Arbitration Provision in Franchise Agreement Covers Claims Arising Out of Related Agreement
July 20, 2011
- Panel Upholds Franchisor’s Power to Enforce Policies
July 20, 2011
- Fourth Circuit Upholds Arbitration Award; Reference to AAA Rules Confers Intention of Binding Arbitration
July 20, 2011
- Illinois Federal Court Dismisses Claims Against Individual Investor in a Franchisor
July 20, 2011
- Court Denies Franchisor’s Motion for Summary Judgment on Vicarious Liability Claim
July 20, 2011
- Alabama Federal Court Refuses to Grant Complete Injunction
July 20, 2011
- Michigan Court Grants Franchisor’s Motion for Preliminary Injunction on Noncompete and Lanham Act Claims
July 20, 2011
- District Court Decertifies Class of Former 7-Eleven Franchisees
July 20, 2011
- Massachusetts Court Awards Attorneys’ Fees and Costs to Prevailing Franchisees on Claims They Were Misclassified
July 20, 2011
- Appellate Court in Georgia Reverses Ruling That Franchisee Was Franchisor’s Employee
July 20, 2011
- Court Grants Franchisee’s Motion to Enjoin Franchisor From Enforcing Policy to Control Menu and Pricing
July 20, 2011
- Franchisee May Pursue Change to Franchisor Policy to Control Menu and Pricing
June 10, 2011
- Discharge Injunction Does Not Prohibit Enforcement of Valid Non-Competition Clause
June 10, 2011
- Court Permits Class Action to Proceed Against Franchisor
June 10, 2011
- Court Dismisses Claim for Violation of New York Franchise Act on Statute of Limitations Grounds
June 10, 2011
- Court Refuses to Allow Grammar Expert to Testify in Dispute Over Definition of Net Sales
June 10, 2011
- Court Awards Liquidated Damages on Franchisor’s Breach of Contract Claim
June 10, 2011
- Court Refuses to Impose Liability on Franchisor’s Officer
June 10, 2011
- Seventh Circuit Affirms Decision That Plaintiffs Abandoned Trademark by Not Exercising Reasonable Control
June 10, 2011
- Federal Court Denies Former Franchisee’s Motion to Stay Injunction Pending Appeal
June 10, 2011
- New Jersey Appeals Court Requires Discovery Before Dismissal Pursuant to Arbitration Clause
June 10, 2011
- Court Denies Franchisee’s Motion to Enjoin Arbitration
June 10, 2011
- Court Denies Confirmation of Arbitration Award for Lack of Jurisdiction
May 10, 2011
- Federal Court Dismisses Franchisee’s Claim for Breach of Settlement Agreement
May 10, 2011
- Franchisor Did Not Waive Arbitration by Moving to Dismiss for Improper Venue
May 10, 2011
- Court Dismisses Discrimination and Vicarious Liability Claims Against Franchisor Where No Plausible Facts Existed to Demonstrate Employment Relationship With Franchisee
May 10, 2011
- Bankruptcy Court Denies Franchisor’s Motion for Relief From the Automatic Stay to Enforce District Court’s Order Granting Preliminary Injunction
May 10, 2011
- Two of Supplier’s Antitrust Tying Claims Survive Franchisor’s Motion to Dismiss
May 10, 2011
- Court Rejects Franchisee’s Economic Duress Defense to Franchise Agreement Obligations
May 10, 2011
- Fourth Circuit Holds Franchisors Can Recover Future Damages for Breach of Franchise Agreement
May 10, 2011
- Colorado Court Applies UCC to Dealership Agreement
April 14, 2011
- Court Grants Summary Judgment to Beer Supplier on Distributor’s Breach of Implied Contract Claim
April 14, 2011
- Illinois Court Finds No Franchise Relationship Between Supplier and Distributor Under Connecticut Law
April 14, 2011
- Iowa Appeals Court Allows Monetary Damages Under State Farm Implements Dealer Law
April 14, 2011
- No Attorneys’ Fees Awarded in Distributor’s Case Under New Jersey Law
April 14, 2011
- Buyer Not Obligated to Continue Under Distribution Agreement As “Mere Continuation” of Seller
April 14, 2011
- Court For Now Rejects Manufacturer’s Attempt to Terminate Dealership That Failed to Sign Current Form of Agreement
April 14, 2011
- “Successor Manufacturers” Under ABFA Also Must Comply With Terms of Distributor Agreements Regarding Termination
April 14, 2011
- Under Ohio Law, Manufacturers’ New Joint Venture Could Not Terminate Beer Distributors Without Just Cause
April 14, 2011
- Abuse of “House Accounts” Clause Amounted to Constructive Termination of Sales Representative Agreement
April 14, 2011
- Post-<em>Leegin</em> Challenges to Resale Price Controls Continue to Have Varied Success
April 14, 2011
- Fourth Circuit Allows Monopolization Attack on Multi-Year Agreements
April 14, 2011
- Michigan District Court Upholds Jury Waiver by Franchisee
March 10, 2011
- Court Grants Declaratory Judgment to Franchisees in Dispute Regarding Right to Determine National Advertising Strategy
March 10, 2011
- New York Federal Court Grants Preliminary Injunction Enforcing Covenant Not to Compete
March 10, 2011
- California District Court Dismisses Attempted Franchisee Class Action Against IHOP
March 10, 2011
- Eighth Circuit Upholds Award of Damages in Lanham Act Case Despite Lack of Actual Confusion
March 10, 2011
- Court Confirms Arbitrator’s Clarification of Prior Arbitration Award
March 10, 2011
- Massachusetts Federal Court Narrowly Interrupts The Meaning of an Operational Default
March 10, 2011
- Franchisor’s Failure to Disclose Amounts Recieved From Affiliate Did Not Constitute Fraud
March 10, 2011
- New Brunswick’s Franchise Law in Effect as of February 1, 2011
February 9, 2011
- Court Grants Franchisor’s Motion for Preliminary Injunction and Denies Franchisee’s Motion to Transfer Venue
February 9, 2011
- Court Dismisses Claims That a Franchisor’s Sales Agent Interfered With Area Development Agreement
February 9, 2011
- Court Awards Past Due Fees and Liquidated Damages
February 9, 2011
- Federal Court Enforces Noncompete Provision and Finds Harm to Goodwill Satisfies Jurisdictional Monetary Threshold
February 9, 2011
- Franchisor Obtains Summary Judgment for Liquidated Damages
February 9, 2011
- California and New York Have Varied Success in Attacks on Resale Price Controls
February 9, 2011
- Washington Federal Court Dismisses Parts of Franchisee Action
February 9, 2011
- Illinois Court Denies Statute of Limitations Defense on Claims Under the Illinois Franchise Disclosure Act
February 9, 2011
- Minnesota Federal Court Dismisses Florida Franchisee’s Claim Under the Minnesota Franchise Act
February 9, 2011
- Tennessee Federal Court Rules That Franchisor is Entitled to More Than $700,000 in Liquidated Damages
January 13, 2011
- Adding Territory to Existing Agreement Without Additional Disclosure Is Basis for Fraud Claim
January 13, 2011
- Federal Court Finds Franchisor Had Good Cause to Terminate Under New Jersey Franchise Practice Act
January 13, 2011
- Court Denies Franchisor’s Motion for Summary Judgment on Florida Deceptive and Unfair Trade Practices Act Claim
January 13, 2011
- Franchisor Held Not Liable for Its Franchisee’s Alleged Wage and Hour Violations
January 13, 2011
- Pennsylvania District Court Enjoins Former Franchisee From Competing With Franchisor
January 13, 2011
- California Appeals Court Reinstates Stay of Litigation in Favor of Arbitration in Colorado
January 13, 2011
- Florida Federal Court Grants Burger King’s Motion to Dismiss Franchisee Class Action Suit
January 13, 2011
- Iowa Supreme Court Upholds District Court’s Decision That Iowa May Access Income Taxes on Out-of-State Franchisors
January 13, 2011
- Court Applies Federal Law to Uphold Forum Selection Clause
December 15, 2010
- First Circuit Affirms Honda’s Decision Concerning Internet Sales of Extended Warranties
December 15, 2010
- Court Rules That Competitor Privilege Defense Trumps Tortious Interference Claim
December 15, 2010
- Court Grants Summary Judgment to Automobile Manufacturer on Dealer’s Breach of Contract Claim
December 15, 2010
- Change in Identity of Distributor Negates Claim by Dealer Under North Carolina Wine Act
December 15, 2010
- Court Rejects Dealer’s Claims for Wrongful Termination
December 15, 2010
- Court Finds No Just Cause for Termination in Ohio Absent Breach of Distributorship Agreement
December 15, 2010
- Court Enjoins Termination of Dealer Agreement, Finding New Jersey Franchise Practices Act Likely Will Apply
December 15, 2010
- Wisconsin Appeals Court Rejects Seventh Circuit’s Community of Interest Test
December 15, 2010
- Minnesota Court Finds That Minimum Sales Requirement and Purchase of Excess Inventory Can Constitute Franchise Fees
December 15, 2010
- Fifth Circuit Upholds Dismissal of Plaintiff’s Amended Complaint in <em>PSKS v. Leegin</em>
December 15, 2010
- Federal Appeals Court Affirms Dismissal of Vertical Price Fixing Allegations
December 15, 2010
- Appellate Court Enforces Franchisee’s Obligation to Defend
November 11, 2010
- Court Grants Franchisor’s Motion to Compel Arbitration and Enforces Forum Selection Clause
November 11, 2010
- Massachusetts Court Limits Plaintiff’s Damages in Franchisee Misclassification Case
November 11, 2010
- Injunction Against “Use” of Mark’s Did Not Require Franchisee to Take Them Down
November 11, 2010
- Missouri Federal Court Upholds Contractual Agreement to Waive Jury
November 11, 2010
- Franchisor Not Obligated to Enforce Territory Restrictions Against Other Franchisees
November 11, 2010
- Ohio Federal Court Denies Wendy’s Second Motion to Dismiss Franchisee’s “Lock-In” Tying Claim
November 11, 2010
- Federal Court Denies Certification of Consumer Obesity Claims
November 11, 2010
- California Court Enforces Washington Choice of Law Provision
November 11, 2010
- Alabama Federal Court Upholds Covenant Not to Compete
November 11, 2010
- Franchisee Surveys Deemed Potentially Relevant in Good Faith Claim
November 11, 2010
- California Appeals Court Affirms Summary Judgment for Franchisor in Nonpayment Case
October 12, 2010
- Maryland Court Rules that Use of the Internet Did Not Confer Personal Jurisdiction Over Breakaway Franchisee’s Manager’s Operation of an Identical Business in South Carolina
October 12, 2010
- New Hampshire Court Upholds In-Term Covenant, but Fact Issues Preclude Summary Judgment on Damages and Infringement
October 12, 2010
- Federal Magistrate Recommends Preliminary Injunction Against Franchisee for Violating Covenant Not to Compete
October 12, 2010
- Disclaimer and Integration Clause Defeat Claims of Fraud and Performance Representation
October 12, 2010
- Court Denies Franchisees’ Motion for Reconsideration and Awards Franchisor Damages
October 12, 2010
- Minnesota Federal Court Enforces Arbitration Clause
October 12, 2010
- Ninth Circuit Finds Arbitration Clause Unenforceable Under California Law
October 12, 2010
- Court Dismisses Franchisee’s Fraud Claims
September 13, 2010
- Reference From the Bankruptcy Court is Denied
September 13, 2010
- California Federal Court Approves Burger King Class Action Settlement in ADA Case
September 13, 2010
- California Appellate Court Upholds Class Action Waiver Provision Despite Unconscionability Arguments
September 13, 2010
- Pennsylvania Court Refuses to Grant “Severe” Sanctions Against Franchisees Deliberately Destroying Evidence During Litigation
September 13, 2010
- Court Strikes Franchisees’ Jury Trial Demand Based Upon Waiver Provision in Promissory Notes
September 13, 2010
- Court Rules That the Michigan Franchise Investment Law Does Not Apply, Finding that No Franchise Fee Was Paid
September 13, 2010
- Federal Court Stays Matter Pending Arbitration
September 13, 2010
- Minnesota Court Enjoins Website From Trademark Infringement
September 13, 2010
- Colorado Federal Court Refuses Preliminary Injunction to Enforce In-Term Noncompete
September 13, 2010
- Missouri Court Narrowly Construes Guaranty in Franchise Agreement
September 13, 2010
- Court Refuses to Dismiss Franchisee’s Claims, Including Claim for Breach of Fiduciary Duty
September 13, 2010
- Five-Day Training at Franchisor’s Headquarters Was Key to Establishing Jurisdiction Over Out-of-State Franchisee
August 11, 2010
- Court Upholds Mediation Provision Under California Law
August 11, 2010
- Ninth Circuit Upholds Restriction on Application of Washington Franchise Investment Law to Conduct in State
August 11, 2010
- Two Circuit Courts Affirm Awards, Despite Arguments That Arbitrators Disregard the Law
August 11, 2010
- Court Enforces Arbitration Clause Against Personal Guarantors, but Restricts Venue
August 11, 2010
- Ninth Circuit Vacates District Court’s Preliminary Injunction Order Regarding Use of an Internet Domain Name
August 11, 2010
- California Federal Court Dismisses Claim by Franchisees Under CFIL
August 11, 2010
- Tennessee Federal Court Allows Franchisor to Maintain Claim for Lost Future Royalties
August 11, 2010
- New Jersey Court Affirms Termination for Nonpayment and Holds That Franchisee’s Claim That Franchisor Breached Franchise Agreement Did Not Eliminate Obligation to Pay
August 11, 2010
- Krispy Kreme Obtains Post-Termination Injunction Against Former Franchisee Under Heightened Standard
August 11, 2010
- Despite Earlier Lack of Registration, Court Enforces in Term Noncompete Against Master Franchisor and Affiliated Parties
August 11, 2010
- Forum-Selection Clause of Expired Supplier Agreements Not Enforceable
July 7, 2010
- No Community of Interest Means No Dealership Under WFDL
July 7, 2010
- Third Circuit Upholds Dismissal of Monopolization and Conspiracy Claims Against Manufacturer and Dealers
July 7, 2010
- First Circuit Holds That Franchisee’s Antitrust Counterclaim Was Properly Dismissed on Summary Judgment
July 7, 2010
- Federal Court Dismisses Terminated Distributor’s Antitrust Claims Against Honeywell
July 7, 2010
- Eighth Circuit Rejects Dealer’s Claims for Breach of Distributorship Agreement
July 7, 2010
- Seventh Circuit Affirms Summary Judgment in Favor of Franchisor Regarding Termination Under PMPA
July 7, 2010
- Court Allows Claim to Proceed Despite Impossibility Defense Raised by Brewer After Sale of Brands
July 7, 2010
- Eighth Circuit Rejects Distributor’s Wrongful Termination Claims
July 7, 2010
- Australia Amends Franchise Code
June 10, 2010
- Red Flags Rule Update – Another Postponement
June 10, 2010
- Noncompete Issues Could Be Excluded From Arbitration
June 10, 2010
- Franchisor Obtains Relief From the Automatic Stay to Enforce Post-Termination Obligations of Former Franchisees
June 10, 2010
- California Court of Appeal Voids Florida Forum Selection Clause Under California Franchise Relations Act
June 10, 2010
- Arizona Federal Court Holds Injunction Motion Not Moot
June 10, 2010
- Continued Use of Domain Names After Termination Found to Constitute Trademark Infingement
June 10, 2010
- Washington Federal Court Find Expiration Same As Termination, but Still Refuses to Enforce Noncompete Clause
June 10, 2010
- Minnesota Federal Court Enforces In-Term Covenant Under Texas Law
June 10, 2010
- Franchise System Cannot Be “Enterprise” Requires for RICO Claim
June 10, 2010
- State Appellate Court Construes Washington Act
June 10, 2010
- Required Upgrade Near End of Term Not A Constructive Breach of Franchise Agreement
June 10, 2010
- Franchisees’ Injunction Motion Under Implied Covenant Fails When Termination Was Based on Plain Language of Agreements
June 10, 2010
- California Federal Court Grants Motion to Dismiss Breach of Contract Claims but Allows Good Faith and Fair Dealing Claim
June 10, 2010
- Court Denies Summary Judgment to Franchisor on Basis of Franchisee’s Fraudulent Inducement Claim
June 10, 2010
- Court Grants Summary Judgment Enforcing Termination of Franchise Agreements and Rejecting Counterclaims
June 10, 2010
- Court Allows Association to Proceed Only on Good Faith and Fair Dealing Portion of Challenge to Burger King Price Plan
June 10, 2010
- Supreme Court Ruling Against NFL Raises Question of Applicability to Non-Sports Franchisors
June 10, 2010
- Franchisor Ultimately Prevails in Massachusetts Federal Court on Whether Franchisees Are Employees
June 10, 2010
- Franchisor Not Vicariously Liable for Death Caused by Disease Outbreak at Franchisee’s Hotel
May 5, 2010
- Despite Choice of Law Provision, Court Refuses California Franchisee’s Request to Apply Washington Law to Dispute
May 5, 2010
- Franchisees’ Motion to Dismiss Based on Improper Venue Denied
May 5, 2010
- Court Grants Summary Motion to Strike Jury Demand in Connecticut Franchise Act Case
May 5, 2010
- Court Denies Franchisee’s Fraud Claims Against Franchisor
May 5, 2010
- Franchisor Prevails on Summary Judgment Against Applicant’s Discrimination Claims
May 5, 2010
- Franchisor’s Motion to Annul Automatic Stay is Denied Based Upon Consideration of Debtor’s Other Creditors
May 5, 2010
- Court Denies Class Certification for Alleged False Representations
May 5, 2010
- Franchisee’s Claims to Trademark Rejected
May 5, 2010
- Court Grants Franchisor’s Motions to Compel Arbitration of Claims on an Individual Basis and to Dismiss Class Action
May 5, 2010
- Arkansas Supreme Court Holds Claims Under Arkansas Franchise Practices Act Are Subject to Arbitration
May 5, 2010
- Third Circuit Confirms Arbitration Award, Ruling Franchisee Had Waived Statutory and Contractual Limitations Arguments
May 5, 2010
- Supreme Court Stokes Controversy Over Class Arbitration
May 5, 2010
- Bankruptcy Court Allows Contract Claim to Proceed Against Franchisor That Granted Franchise 2.17 Miles From Plaintiff
May 5, 2010
- Massachusetts Federal Court Compares Franchising to a “Ponzi Scheme” and Labels Franchisees as Employees
May 5, 2010
- Disgorgement Not Provided by New Jersey Franchise Act
March 17, 2010
- California Federal Court Grants Judgment Against Plaintiff
March 17, 2010
- Federal Court Issues Preliminary Injunction Enforcing Noncompete Under Montana Law
March 17, 2010
- Split Results for Franchisors in Eastern District of Michigan
March 17, 2010
- Court Vacates Award Because of Arbitrator’s Bias
March 17, 2010
- Court Denies Quiznos’ Motion for Summary Judgment on False Advertising Claims Brought by Doctor’s Associates
March 17, 2010
- Franchisor Obtains Judgment Against Guarantors
March 17, 2010
- Court Dismisses Class Action Claims Against Pet Store Franchisor
March 17, 2010
- Remaining Claims Against Mail Boxes Etc. And UPS Store Dismissed
March 17, 2010
- Court Holds That It Has Jurisdiction Under the Class Action Fairness Act Over Franchisees’ Complaint
March 17, 2010
- Colorado Court Vacates Dismissal of Franchisees’ Claims of Fraudulent Nondisclosure
March 17, 2010
- Ninth Circuit Affirms Specific Performace to Renew Franchise Agreement
March 17, 2010
- Supreme Court Decides for Franchisor on PMPA Claims for Constructive Termination and Nonrenewal
March 17, 2010
- Wisconsin Court Allows Terminated Distributor’s Claims to Proceed Under WFDL
February 18, 2010
- Wisconsin Court Dismisses Claim That Forum Selection Clause Violates the Wisconsin Franchise Investment Law
February 18, 2010
- Dealer’s Claim Against Auto Manufacturer That He Was Promised a Dealership Is Rejected by the Court
February 18, 2010
- Auto Manufacturer’s Request for Specific Performance Rejected
February 18, 2010
- Claims Against Major Distributor Survive Motion to Dismiss
February 18, 2010
- License Agreement Did Not Constitute A Franchise; Licensor’s Request for Injunctive Relief is Denied
February 18, 2010
- Kentucky Federal Court Grants Supplier Summary Judgment Dismissing Dealer’s Claims
February 18, 2010
- Supreme Court Hears Oral Argument on PMPA Claims for Constructive Termination and Nonrenewal
February 18, 2010
- Third Circuit Confirms Narrow Scope of Robinson-Patman Act
February 18, 2010
- New Jersey Expands Its Franchise Practice Act
February 18, 2010
- Bill to Renew Vertical Price-Fixing Ban May Head to Full Vote in the U.S. House of Representatives
February 18, 2010
- California Court Affirms Grant of Summary Judgment to Franchisor on Hotel Patron’s Vicarious Liability Claim
January 21, 2010
- Court Declines to Award Attorneys’ Fees Because Forcing Arbitration Was Only a Procedural Victory
January 21, 2010
- Louisiana Appellate Court Refuses to Enforce Arbitration Clause
January 21, 2010
- California Federal Court Denies Motion to Dismiss Claim Alleging <em>Alter Ego</em> Liability
January 21, 2010
- Court Allows Some Claims to Proceed Against Franchisor
January 21, 2010
- Franchisor Survives Motion to Dismiss on Nondischargeability Complaint for Injury Resulting From Breach of Noncompete
January 21, 2010
- U.S. Supreme Court Weighs NFL’s Antitrust Status
January 21, 2010
- Termination of Franchise Upheld by the Seventh Circuit
January 21, 2010
- Alleged Oral Representation About Perpetual Use of Trademark Did Not Extend License Agreement Beyond Expiration Date
January 21, 2010
- Summary Judgment Granted Against Franchisee Who Continued to Operate Stores After Termination
January 21, 2010
- California Court Upholds Immediate Termination of Franchise for Sale of Unapproved Products
January 21, 2010
- Australian Government Announces Changes to Strengthen Its Oversight of Franchising
December 3, 2009
- New Jersey Federal Court Finds Enough Basis for “Community of Interest” to Allow Case to Proceed
December 3, 2009
- Franchisor Obtains Split Decisions on Injunction Claims
December 3, 2009
- Court Holds That Advertising Coorperative May Arbitrate Claims Against Franchisor and Litigate Claims Against Franchisees
December 3, 2009
- California Federal Court Upholds Agreement to Arbitrate
December 3, 2009
- Court Enforces Franchise Agreement’s Forum Selection Clause
December 3, 2009
- Court Dismisses Interlocutory Appeal of Discovery Order Concerning Protection of Trade Secrets in Deposition Testimony
December 3, 2009
- Florida Court Upholds Immediate Termination of Franchisee Who Solicited a Minor Over the Internet
December 3, 2009
- Franchisees Were Not Fraudulently Induced to Enter Into Franchise and Loan Agreements
December 3, 2009
- Second Circuit Affirms Ruling in Favor of Hilton on Franchisee Claims Arising Out of Sale of Red Lion Brand
December 3, 2009
- Internet Sales Into Franchisee Territory Found Not a Breach of Contract, but Could Violate Covenant of Good Faith
December 3, 2009
- Michigan Federal Court Enjoins Former Dealer From Using Valvoline Signage
November 5, 2009
- Refusal to Approve Transfer Does Not Give Rise to Tortious Interference
November 5, 2009
- Court Denies Temporary Restraining Order to Prevent Termination of Dealership
November 5, 2009
- No Dismissal of Terminated Dealer’s Tortious Interference Claim Against New Dealer
November 5, 2009
- Court Denies Amazon.com’s Motion to Dismiss Tying Claim Brought by Putative Class of “Print on Demand” Publishers
November 5, 2009
- Federal Court Certifies Class Action Against Babies “R” Us
November 5, 2009
- Connecticut Franchise Act Found Inapplicable, but Court Relies on Unfair Trade Practices Statute to Block Distributor Termination
November 5, 2009
- Honda Did Not Violate Rhode Island Dealer Law by Banning Certain Internet Sales
November 5, 2009
- New Jersey State Court Finds Constructive Termination of Dealer Violates New Jersey Franchise Practices Act
November 5, 2009
- Ninth Circuit Holds That Gap Is Not a Franchisor Under California Franchise Relations Act
November 5, 2009
- Red Flags Rule Update
November 5, 2009
- Franchisor Obtains Summary Judgment Against Terminated Franchisee for Liquidated Damages with Interest
October 9, 2009
- Court Denies Quizno’s Motion to Dismiss Claim for Breach of Area Director Marketing Agreement
October 9, 2009
- Court Finds Domino’s Had No Obligation to Renew a Development Agreement
October 9, 2009
- Eleventh Circuit Affirms Franchisor’s Termination of Franchise Agreement for Nonpayment
October 9, 2009
- Court Certifies Class Action Against Franchisor
October 9, 2009
- District Court Denies Wendy’s Motion to Dismiss Franchisee’s Sherman Act §1 Tying “Lock-In” Claim
October 9, 2009
- Court Enforces Restrictive Covenant
October 9, 2009
- Amendments to Illinois’ Franchise Disclosure Act Effective October 1, 2009
October 9, 2009
- North Carolina Federal Court Limits Lost Royalty Claim, but Grants Summary Judgment for Franchisor on Other Issues
September 10, 2009
- Franchise Applicant Could Proceed on State Business Discrimination Claims, but Not Under Employment Laws Because Franchisor Was Not “Employer” of Franchisees
September 10, 2009
- Texas Federal Court Grants Preliminary Injunction for Franchisor in Nonpayment Case
September 10, 2009
- Preliminary Injunctions to Enforce Termination and Enjoin Use of Trademarks Deemed Prohibitory, Not Mandatory
September 10, 2009
- Use of Franchisor’s Trademarks to Promote Strip Club Leads to Award of Treble Damages
September 10, 2009
- Texas Court of Appeals Holds That Franchisor Is Liable for Terminated Franchisee’s Lease Obligations
September 10, 2009
- Oil Change Franchisor Unable to Enforce Noncompete
September 10, 2009
- Virginia Federal Court Grants Injunction and Applies Covenant Not to Compete Against Nonsignatory
September 10, 2009
- Citing Disclaimers, Vermont Federal Court Grants Motion to Dismiss Fraudulent Inducement Claims
September 10, 2009
- Pennsylvania Court Allows Some Claims to Proceed Against Quizno’s
August 7, 2009
- Disclaimers in Franchise Documents Help Defeat Franchisee’s Sales Fraud Claims Against Cold Stone
August 7, 2009
- Supplier Cannot Compel Arbitration Because It Was a Nonsignatory to the Dealership Agreement
August 7, 2009
- Court Refuses to Order Franchisor to Pay for Nonparty Franchisee Association’s Discovery Costs
August 7, 2009
- New Jersey Court Holds That Hotel Franchisor Properly Terminated Franchise Agreement
August 7, 2009
- Franchisor Did Not Waive Its Right to Terminate for Nonpayment
August 7, 2009
- Sixth Circuit Affirms Summary Judgment in Favor of Wendy’s
August 7, 2009
- Georgia Court Restricts In-Term Covenants Against Competition
August 7, 2009
- Eleventh Circuit Upholds Burger King’s Right to Enforce Menu Change and Its Procedure for Doing So
August 7, 2009
- Update on Red Flags Rule
August 7, 2009
- New York Creates Extension Process and Clarifies Issues Relating to New Franchisor Tax Reporting Requirements
August 7, 2009
- Pennsylvania Federal Court Takes Broad View of “Competitors” in Robinson-Patman Act Claim
July 8, 2009
- District Court Dismisses Truck Distributor’s Sherman Act §1 Claims
July 8, 2009
- Court Dismisses Gas Station’s Good Faith and Fair Dealing Claim
July 8, 2009
- Sixth Circuit Rejects Dealer’s Encroachment Claim Where Contract Did Not Contain an Exclusive Territory Provision
July 8, 2009
- Non-Mandatory Service Fees Do Not Constitute “Franchise Fees” Under Michigan Franchise Law
July 8, 2009
- Distributor’s Previous Terminations of Distributorship Agreements with Cause Did Not Waive Right to Terminate at Will and Without Cause
July 8, 2009
- Federal Court Applies New Jersey Franchise Act to Stop Termination
July 8, 2009
- GM’s Litigation with Dealers Predates Recent Dealer Reduction Announcements
July 8, 2009
- GM, Chrysler Bankruptcy Filings Spur Debate – And Lawsutis – Over Dealership Terminations
July 8, 2009
- New Federal Regulations for Gift and Stored-Value Cards Passed in Credit Card Act of 2009
July 8, 2009
- New York Imposes New Tax Reporting Requirements on Franchisors
July 8, 2009
- Federal Bankruptcy Court Finds Failure to Transfer Agreements to Corporation Left Obligations in Name of Individual
June 3, 2009
- Illinois Federal Court Denies Motion for Class Certification
June 3, 2009
- Federal Court Upholds a Franchisor’s Arbitration Award
June 3, 2009
- Franchisees’ Default for Failure to Comply with Discovery Overturned
June 3, 2009
- U.S. Court of Appeals Upholds Award of Liquidated Damages to Franchisor
June 3, 2009
- NASAA Adopts Final Version of Commentary on 2008 Franchise Registration and Disclosure Guidelines
June 3, 2009
- FTC Posts New FAQs
June 3, 2009
- Court Holds That Franchisor Did Not Engage in Witness Tampering
May 6, 2009
- Court Grants Motion to Dismiss Under the Doctrine of <em>Forum Non Conveniens</em>
May 6, 2009
- Amount in Controversy in Action to Confirm Arbitration Award Is Based on Original Amount of Damages Sought
May 6, 2009
- Franchisee’s Sales Fraud Claims Found to Be Time Barred
May 6, 2009
- Franchisee’s Signing of One Franchise Agreement Did Not Bind It Regarding Earlier Agreements
May 6, 2009
- Parties Failed to Agree on Essential Terms
May 6, 2009
- Protected Territory Found to Be Ambiguous
May 6, 2009
- Franchisor Awarded Attorneys’ Fees and Costs for Early Termination of Franchise
May 6, 2009
- Courts Upholds Termination Desptie Passage of Time
May 6, 2009
- District Court Refuses to Dismiss Franchisee’s Tying Claim
May 6, 2009
- District Court Dismisses Franchisee’s Tying Claim Because Market for Franchises Was Not Relevant Market
May 6, 2009
- Franchisees’ Class Action Certification Denied
May 6, 2009
- Social Media and Legal Issues
May 6, 2009
- Fourth Circuit Rejects Distributor’s Attempted Use of <em>Leegin</em> Decision
April 8, 2009
- Licensor Did Not Breach Agreement by Competing in Franchisees’ Territory with Another Brand
April 8, 2009
- Automobile Dealer Lacked Standing to Challenge Relocation of New Neighboring Dealer
April 8, 2009
- Minimum Purchase Requirement and Product Mark-Up Were Not Franchise Fees Under Minnesota Franchise Act
April 8, 2009
- Alabama Motor Vehicle Franchise Act Does Not Preclude Retrospective Release of Claims
April 8, 2009
- Girl Scout Councils Are “Dealers” Under Wisconsin Fair Dealership Law
April 8, 2009
- Distributor Is Not a Dealer Under Wisconsin Fair Dealership Law
April 8, 2009
- Market Withdrawal Is Not “Good Cause” for Termination Under the Arkansas Franchise Practices Act
April 8, 2009
- Discontinuation of a Brand Is Good Cause for Termination of a Distributor Agreement Under the Maine Franchise Act
April 8, 2009
- Court Grants Partial Summary Judgment on Franchisor’s Claim of Trademark Infringement
March 18, 2009
- Court Rejects Prospective Franchisee’s Discrimination Claim
March 18, 2009
- California Federal Court Grants Remand to State Court
March 18, 2009
- Connecticut Federal Court Allows State Franchise Act and Tortious Interference Claims Against Franchisor
March 18, 2009
- Franchisor’s Claim for Future Royalties Denied by Colorado Federal Court
March 18, 2009
- Pennsylvania Federal Court Confirms Franchisor’s Arbitration Award
March 18, 2009
- United States Supreme Court Holds Court Must “Look Through” Petition to Compel Arbitration to Find if There Is a Federal Question Sufficient for Removal From State Court
March 18, 2009
- Developing an Action Plan to Prevent Unionization
March 18, 2009
- What the EFCA Would Do
March 18, 2009
- Employee Free Choice Act Introduced in Congress
March 18, 2009
- Court Upholds Discipline Against Attorney Who Failed to Provide Competent Franchise Law Advice to a Franchisor
February 25, 2009
- Franchisor Held Not Liable for Franchisee’s Alleged Discriminatory Acts
February 25, 2009
- Franchisor’s Chairman and Ex-CEO Not Required to Give Deposition Testimony Regarding Personal Financial Gains
February 25, 2009
- Citing Franchise Agreement, Court Grants Injunction Against Operation of Gripe Site
February 25, 2009
- Signed UFOC Receipt Triggers Statute of Limitation; Franchisee’s Failure to Disclose Claim Defeats Own Fraud in the Inducement Claim
February 25, 2009
- Court Upholds Award in Favor of Franchisor, Finding That Arbitrator Did Not Manifestly Disregard the Law
February 25, 2009
- California Appellate Court Confirms Arbitration Award Against Franchisor
February 25, 2009
- First Circuit Holds That Court – Not Arbitrator – Should Decide Whether Arbitration Provision Is Unconscionable
February 25, 2009
- California Court Compels Arbitration but Strikes Portions of Arbitration Clause as Unconscionable
February 25, 2009
- Court Denies Motion to Remand Class Action, Finding No Exception to Class Action Fairness Act Applied
February 25, 2009
- California Federal Court Refuses to Dismiss ADA Class Claim Against Burger King Corporation
February 25, 2009
- Colorado Federal Court Rejects Franchisor’s Bases for Termination
February 25, 2009
- Pennsylvania Supreme Court Allows Immediate Termination of Franchisee Despite Contractual Period to Cure
February 25, 2009
- California Court Holds That A Franchisor’s Immediate Termination for Sale of Unapproved Products Was Not Unlawful Under the California Franchise Relations Act
February 25, 2009
- Ninth Circuit Reaffirms That In-Term Covenant Not to Compete Was Only Partially Enforceable Under California Law
February 25, 2009
- Court Enforces Terms of Personal Guaranty Attached to Franchise Agreement
January 21, 2009
- District Court Upholds Arbitration Award for Franchisor Despite One Franchisee’s Claimed Lack of Notice
January 21, 2009
- California Court Grants Franchisor’s Motion to Dismiss Action and Compel Arbitration
January 21, 2009
- Franchisees Must Set Forth Alleged Statements With Particularity Before Requiring Franchisor to Produce Deponent
January 21, 2009
- Franchisee Not Allowed to Call Franchisor’s Counsel as Trial Witness
January 21, 2009
- Claim Against Franchisor Survives Motion to Dismiss
January 21, 2009
- Court Rules Against Former Franchisees and Association on Challenge to Franchisor’s Expansion Plans in Detroit
January 21, 2009
- California Court Dismisses or Stays Franchisee’s Claims Arising Out of Same Facts as in Pre-Existing Colorado Case
December 18, 2008
- California Court Refuses to Apply Chosen Law of Franchisor’s Home State
December 18, 2008
- Claim for Misuse of Advertising Fees Survives Motion, But Good Faith and Fair Dealing Claim Over New Rival Location Fails
December 18, 2008
- District Court Denies Franchisee’s Third Attempt to Assert Tying Claim
December 18, 2008
- Court Rejects Argument That Continued Use of Trademarks Would Not Cause Irreparable Harm
December 18, 2008
- Texas Court Awards Lost Future Profits to Franchisor
December 18, 2008
- Georgia Federal Court Holds That Franchisees Adequately Stated Claims for Fraud and RICO Violations, but Antitrust Claims Based on Alleged “Kickbacks” to Franchisor Failed
December 18, 2008
- Arbitrator “Manifestly Disregarded” the Law in Entering Award in Favor of Franchisor
December 18, 2008
- Demand Letter Preserved PMPA Limitations Defense
November 20, 2008
- Tennessee Court Upholds Administrative Decision Prohibiting Manufacturer From Approving Relocation of an Existing Dealer Into Another Dealer’s Market Area
November 20, 2008
- Court Dismisses Claims Over Addition of Competing Dealer
November 20, 2008
- Court Enforces Arbitration Clause in Distribution Agreement
November 20, 2008
- “Good Cause” Provisions of State Act Governed Opened-Ended Contracts Even If Executed Prior to Enactment
November 20, 2008
- Discontinuation of Product Line Not a Termination or Non-Renewal Without Cause Under Indiana Statute
November 20, 2008
- Federal Court Enjoins Termination of Distributor
November 20, 2008
- Alleged Promises of Perpetual Distributorship Held Too Vague to Be Enforceable
November 20, 2008
- First Circuit Vacates Summary Judgment on Connecticut Franchise Act Claim
November 20, 2008
- Court Refuses to Enjoin Market Withdrawal Under PMPA
November 20, 2008
- First Circuit Upholds Termination of Auto Dealer
November 20, 2008
- Third Circuit Reverses Certification of Class of Ford Dealers
November 20, 2008
- Class of Purchasers of Leather Products Cannot Show Horizontal Conspiracy, So Rule of Reason Applies
November 20, 2008
- District Court Dismisses Discrimination Claims Asserted by Dealer Against Automobile Manufacturer
November 20, 2008
- Senior Trademark User Fails on Infringement and Cybersquatting Claims Against Franchise System
October 29, 2008
- Prospective Purchaser of Dealership Is Not Third-Party Beneficiary of Agreement
October 29, 2008
- District Court Refuses to Issue Injunction Compelling Hotel Franchisor to Take Reservations for After Termination Date
October 29, 2008
- Kentucky Federal Court Declines to Exercise Personal Jurisdiction Over Guarantors
October 29, 2008
- Franchisor Prevails in Motion to Transfer Case to Texas
October 29, 2008
- Arbitrators Rule for Franchisor in Supply Chain Challenge
October 29, 2008
- New Jersey Federal Court Transfers Case to California at Franchisee’s Request
September 26, 2008
- Release Upon Transfer Barred Franchisee’s $8.5 Million Win
September 26, 2008
- Federal Court Dismisses Franchisee’s Declaratory Judgment Lawsuit on Ripeness Grounds
September 26, 2008
- Third Circuit Finds Franchisee’s Claims Not Precluded by Previous Suit
September 26, 2008
- Timely Voluntary Dismissal Held Sufficient to Avoid Summary Judgment in California
September 26, 2008
- Court Declines to Enforce Choice of Law, Choice of Forum, or Arbitration Provisions in Franchise Agreements With California Franchisees
September 26, 2008
- Court Reconsiders Prior Vacation of Arbitration Award
September 26, 2008
- Sixth Circuit Overturns Arbitration Decision for Manifest Disregard of the Law
September 26, 2008
- California Court of Appeals Affirms That There Was No Meeting of Minds in Drafting of Arbitration Clause Due to UFOC State Addenda
September 26, 2008
- Seventh Circuit Upholds Judgement of Contempt Due to Franchisee’s Failure to Comply with Preliminary Injunction
September 26, 2008
- Franchisee’s Fraud Claim Does Not Bar Entry of Preliminary Trademark Injunction
September 26, 2008
- Franchisor Had No Contractual Duty to Supply a “Well Recognized” Brand
September 26, 2008
- “Reasonable” Notice of Termination Required in Termination of Dealership With No Definite Term
August 21, 2008
- Rhode Island Dealership Act Not Applied Retroactively
August 21, 2008
- Oregon Federal Court Issues Two Rulings on Termination Under Motor Vehicle Dealerships Act
August 21, 2008
- District Court Dismisses Antitrust Counterclaims Asserted by Franchisee in Response to Termination of Franchise
August 21, 2008
- Federal Appeals Court Affirms Summary Judgment on Price Discrimination Claim But Allows Restraint of Trade Claim to Proceed
August 21, 2008
- Third Circuit Holds PMPA Does Not Protect Dealer That Has No Direct Contractual Relationship
August 21, 2008
- Beverage Distributorship Determined Not to Be a Franchisee Under Minnesota Franchise Act
August 21, 2008
- Manufacturer Allowed to Seek Payment in Its Own Home Court
August 21, 2008
- Franchise Agreement Does Not Provide Basis to Dismiss Breach of Contract and Misrepresentation Claims
August 21, 2008
- Auto Dealer Wins $12 Million for Breach of Implied Covenant of Good Faith and Fair Dealing
August 21, 2008
- Manufacturer Prevails Against Distributor’s Claim for Indemnification of Defense Costs
August 21, 2008
- Georgia Court Refuses to Enforce In-Term and Post-Term Non-Compete
July 23, 2008
- Arbitration May Apply Equitable Defenses to Excuse a Party From Performing a Material Condition of a Franchise Agreement
July 23, 2008
- California State Court Upholds Denial of Motion to Compel Arbitration on Unconscionability Grounds
July 23, 2008
- Arbitration Award for Franchisor Vacated in Federal District Court
July 23, 2008
- Right to Arbitrate Not Waived by Franchisee When Previous Claim for Arbitration Withdrawn for Good Cause
July 23, 2008
- Court Enjoins Former Franchisee’s Continued Use of Franchisor’s Trademarks and Associated Telephone Number
July 23, 2008
- Franchisee’s Adoption and Use of Trademark Inures to Franchisor
July 23, 2008
- Eighth Circuit Upholds Settlement
July 23, 2008
- Franchisor’s Designation of Credit Card Processing Service Does Not Constitute Unlawful Tying Arrangement
July 23, 2008
- District Court Denies Franchisees’ Antitrust Claims for Failure to Plead a Proper Relevant Market
July 23, 2008
- English Language Proficiency Test as a Condition of Transfer Held Not Unreasonable
July 23, 2008
- Eighth Circuit Reverses District Court and Directs Judgment in Favor of Domino’s Pizza Franchisor
July 23, 2008
- Wendy’s Obtains Judgment Against Supplier That Failed to Name Franchisor As Additional Insured
June 11, 2008
- Fourth Circuit Upholds Summary Judgment in Favor of Franchisor Due to Plaintiff’s Failure to Establish Direct Liability for Negligence
June 11, 2008
- New York State Court Holds That Questionnaires Containing Disclaimers Are Not Dispositive of Claims Under the New York Franchise Act
June 11, 2008
- Bankruptcy Court Grants Franchisor’s Motion for Relief From Automatic Stay to Enforce Post-Termination Obligations Against Terminated Former Franchisee
June 11, 2008
- Court Declines to Award Prospective Damages
June 11, 2008
- Illinois Federal Court Refuses to Vacate Arbitration Award
June 11, 2008
- Unconscionability Arguments Fail in California and Washington Franchise Cases
June 11, 2008
- Appeals Court Reverses Summary Judgment, Requiring Trial on Claims by Former Mail Boxes Etc. Franchisees
June 11, 2008
- Adjusting to Life Under the Amended FTC Franchise Rule
June 11, 2008
- District Court Denies Franchisor’s Motion to Dismiss Franchisees’ Fraud, Breach of Contract and Economic Duress Claims
May 6, 2008
- Court Holds That Franchisees’ Allegations of Indirect Termination Were Sufficient to State a Claim for Breach of the Duty of Good Faith and Fair Dealing Under Pennsylvania Law
May 6, 2008
- Missouri District Court Grants Motion for a More Definite Statement
May 6, 2008
- Three Courts Address Jurisdiction Issues in Franchising Context
May 6, 2008
- District Court Dismisses Franchisees’ Federal and State Antitrust Claims Based on Relevant Market Definition
May 6, 2008
- Former Gasoline Station Franchisee’s Claims Denied
May 6, 2008
- Court Awards Attorneys’ Fees to Franchisor That Prevailed on Motion for Preliminary Injunction
May 6, 2008
- Franchisor Wins Liquidated Damages and Treble Damages for Trademark Infringement
May 6, 2008
- Court Awards Lost Future Profits and Attorneys’ Fees to Franchisor Under Development Agreement
May 6, 2008
- Court Rejects Application of RICO Statute to Franchise System
May 6, 2008
- Court Upholds Two-Year Ban on Post-Term Competition
May 6, 2008
- Connecticut Supreme Court Orders Party to Stop Making Disparaging Remarks in Violation of Settlement Agreement
April 10, 2008
- Seventh Circuit Affirms District Court’s Dismissal of Car Dealerships’ Lawsuit
April 10, 2008
- California Franchise Law Held Not Applicable to Distribution Arrangement
April 10, 2008
- Lousiana Court Addresses Questions of Arbitrability
April 10, 2008
- New Hampshire Court Dismisses Claims Subject to Arbitration
April 10, 2008
- Michigan District Court Grants in Part Motion for Summary Judgment Based on Agreement to Arbitrate
April 10, 2008
- Virginia Federal Court Dismisses Counterclaim Against Supplier and Enforces Termination of At-Will Distribution Agreement
April 10, 2008
- Termination Following Death of Dealer Did Not Violate Missouri Statutes
April 10, 2008
- Maine Federal Court Denies Injunction to Prevent Termination of Dealership
April 10, 2008
- Third Circuit Holds That Failure to Build Showroom Constitutes Good Cause to Terminate
April 10, 2008
- FTC Seeks Comments on Proposed Business Opportunity Rule
April 10, 2008
- Court Upholds Summary Judgment in Favor of Franchisor Due to Plaintiff’s Failure to Meet Notice Pleading Requirements
March 26, 2008
- Fourth Circuit Vacates Award Because Franchisor Failed to Provide Proper Notice of Arbitration Proceeding
March 26, 2008
- With No Class Representative Remaining, Court Dismisses Putative Class Action on Reconsideration
March 26, 2008
- Franchisor Wins on Liability Issues But Must Prove Damages
March 26, 2008
- Eleventh Circuit Holds Exclusivity of Franchise Agreement Limited to Services Described in Agreement
March 26, 2008
- Federal Court Denies Protective Order to Stop Deposition of Counsel, But Grants Franchisor’s Motion to Strike Jury Demand
March 26, 2008
- Court Will Not Dismiss Tortious Interference With Contract Claim Against Acquiring Parent of Re-Branding Franchisor
March 26, 2008
- Court Denies Franchisees’ Motion for Summary Judgment, Holding Franchisor Complied With Termination Provisions
March 26, 2008
- Fifth Circuit Affirms Dismissal of Antitrust Counterclaim Against Franchisor
March 26, 2008
- Texas Court of Appeals Holds That Dispute Arising From Mutual Termination Agreement Was Subject to Arbitration Provision Contained in Franchise Agreement
February 28, 2008
- Court Enforces Mandatory Mediation Clause
February 28, 2008
- Federal Court Denies Franchisor’s Motions to Overturn Jury Verdict on Franchisees’ Counterclaim
February 28, 2008
- Florida Court Holds Franchisor’s Officers Can Be Sued in Their Individual Capacities for Not Complying With Franchise Rules
February 28, 2008
- Kentucky Supreme Court Adopts Majority “Control Over Instrumentality” Rule
February 28, 2008
- Court Refuses to Dismiss FACTA Claim
February 28, 2008
- Ninth Circuit Revives <em>Kodak</em>-Based Theory of Market Definition
February 28, 2008
- Minnesota Federal Court Denies Class Certification in Suit Brought on Behalf of Financial Advisor Franchisees
February 28, 2008
- Pennsylvania Court Finds That U.S.-Based Hertz Corp. Could Be Held Liable for the Conduct of Hertz Canada, LTD (A Canadian Company) Under Agency Relationship
January 28, 2008
- Franchisor Not Vicariously Liable for Workplace Injury to Franchisee’s Employee
January 28, 2008
- Sixth Circuit Upholds Forum Selection and Non-Compete Clauses in Franchise Agreement
January 28, 2008
- Guarantors Bound by Franchise Agreement’s Arbitration Clauses
January 28, 2008
- California Court Dismisses Dealer’s Second Attempt to Invalidate Arbitration Clause
January 28, 2008
- Court Allows Only One of Two Proposed Classes to Be Certified
January 28, 2008
- Texas Bankruptcy Court Finds Breach of the Implied Covenant of Good Faith and Fair Dealing
January 28, 2008
- Court Sets Aside Default Judgment Against Franchisees, But Upholds Injunction and Orders Payment to Franchisor
January 28, 2008
- Default Set Aside, But Franchisors Reminded Not to Rely on Franchisees to Defend Them
January 28, 2008
- Virginia District Court Enforces Waiver of Trail by Jury and Claim to Punitive Damages Contained in Franchise Agreements
January 28, 2008
- Beverage Distributorship Not a “Franchise” Under Connecticut Act
January 11, 2008
- Product Mark-Up Found Not to Be a Franchise Fee; Exclusive Distribution Rights Did Not Include Intellectual Property
January 11, 2008
- Supreme Court Reverses Dealer’s $4 Million Price Discrimination Judgment
January 11, 2008
- Supreme Court Reverses Ban on Vertical Price Fixing
January 11, 2008
- Oregon Federal Court Halts Dealer Termination Pending Determination of Good Cause
January 11, 2008
- Federal Court Refuses to Stop Termination of Gas Station Operator Under PMPA Following Franchisor Loss of Lease
January 11, 2008
- Part of Lawsuit Allowed to Stand Against Manufacturer That Sought to Sell Direct to Dealerships
January 11, 2008
- Missouri Court Addresses Challenge to Expert Opinion on Dealer Termination Damages
January 11, 2008
- Change of Business Model by Manufacturer Justified Non-Renewal of Distributor
January 11, 2008
