RECENT POSTS
Franchise 101: Competing With a Non-Compete Covenant; and Planet Interference
Franchisor 101: Competing With a Non-Compete Covenant? A federal court in Louisiana granted a preliminary injunction against a former franchisee of Liberty Tax Service for breaching post-termination covenants under a franchise agreement. Liberty Tax
Franchise 101: Defaults Sink Bathroom Remodel Franchisee; and Real Estate Amendment Not Up to Interpretation
June 2021 FRANCHISOR 101: Defaults Sink Bathroom Remodel Franchisee On competing motions for a temporary restraining order (“TRO”) by ReBath – a nationwide bathroom remodeling franchisor, and its terminated franchisee, ReBath prevailed in restraining the
Franchise 101: Can’t Break the Broker; and Bad to the Bone
Franchisor 101: Can’t Break the Broker A Minnesota federal court ruled in favor of a franchise broker on summary judgment. The court dismissed misrepresentation claims brought by a military veteran who alleged unlawful inducement to
Franchise 101: Successor Franchisor’s Territorial Takeover; and McDonald’s Cooks Up COVID-19 Insurance Coverage
Franchisor 101: Successor Franchisor’s Territorial Takeover A federal court in Connecticut ruled against an urgent care franchisor’s motion to dismiss, finding the plaintiff had standing to sue under Article III of the U.S. Constitution. The
Franchise 101: Is Matco the Next Jan-Pro? and No Legal Cure for Serial Defaults
Franchisor 101: Is Matco the Next Jan-Pro? A federal court in California certified a class of Matco Tools franchisees who claimed to be misclassified by Matco as independent contractors rather than employees. They claimed Matco
Franchise 101: Court Delivers Liquidated Damages; and Convenience Store Pays for Inconvenience
Franchisor 101: Court Delivers Pizza Franchisor Liquidated Damages The Sixth Circuit Court of Appeals recently affirmed a $2.6 million award of liquidated damages in favor of a pizza franchisor and a summary judgment order enforcing
Franchise 101: California’s Dynamex/ABC Test is Retroactive; and No Excuse for Late Notice
January 28, 2021 Franchisor 101: California’s Dynamex/ABC Test is Retroactive In 2019, the U.S. Court of Appeals for the Ninth Circuit held that the ABC Test announced in a California Supreme Court decision, Dynamex Operations
Franchise 101: AB 5’s Preemptive Strike; and Shelf the Self-Help
December 22, 2020 Franchisor 101: AB 5’s Preemptive Strike Franchisors faced unprecedented challenges in 2020. Enactment of California’s Assembly Bill 5 on January 1, 2020 was just the tip of an iceberg. As the COVID-19
Franchise 101: Court Remediates Damage to Restoration Franchisor; and Fitness Franchisee Exercises Poor Judgment
Franchisor 101: Court Remediates Damage to Restoration Franchisor A federal court in Nashville granted summary judgment on breach of contract claims in favor of a damage restoration franchisor’s lawsuit with a former California franchisee. A
Franchise 101: (Non)Competing for Care; and COVID-19 Defense Leads to Contempt
Franchisor 101: (Non)Competing for Care A U.S. Court of Appeals upheld a federal district court decision partly granting a preliminary injunction sought by a companionship and domestic care services franchisor against a former franchisee, for