RECENT POSTS
Franchise 101: Charging Toward Arbitration; and Non-Compete Jumpstarted in Bankruptcy
Franchisor 101: Charging Toward Arbitration A California federal court granted a motion to compel arbitration by retail franchisor Batteries Plus and its two executives, and dismissed a franchisee’s action alleging violations of the California Franchise
Franchise 101: All-Franchisor-Can-Eat; and Lights, Camera, Jurisdiction
Franchisor 101: All-Franchisor-Can-Eat A federal district court in New Jersey recently found that restaurant franchisor Golden Corral was entitled to nearly $1.2 million in consequential damages after terminating a franchised Golden Corral restaurant. Golden Corral
Franchise 101: Delivering Timely Terminations; and Extra Cheesed Franchisee
Franchisor 101: Delivering Timely Terminations A trial judge for the United States Bankruptcy Court in Illinois denied a franchisee’s motion to enforce an automatic stay against The UPS Store (“TUPSS”), concluding that TUPSS’ termination of
Franchise 101: Pieces of the Trademark Pie; and Frozen Out of Court
Franchisor 101: Pieces of the Trademark Pie An Illinois federal district court granted partial summary judgment in a trademark dispute against Ledo Pizza System, Inc. (“System”) and Ledo Pizza Carryouts, Ltd. (“Carryouts”), a franchisor of
Franchise 101: Joint Employer? Check √; and Braking the Competing Business
Franchisor 101: Joint Employer? Check √ A Maryland federal district court denied a restaurant franchisor’s motion to dismiss, concluding that a restaurant manager at a franchised location alleged sufficient facts to support a finding that
Franchise 101: A Tinted FDD; and Tea Up Your Business Expansion
Franchisor 101: A Tinted FDD A Tennessee federal district court granted a franchisee’s request for a preliminary injunction to prevent the franchisor from enforcing noncompete restrictions under the franchise agreement while the franchisee litigated its
Franchise 101: Getting Away With Tax (Franchisor) Evasion; and Fraud Claim Muzzled by Contractual Limitations Period
Franchisor 101: Getting Away With Tax (Franchisor) Evasion A Pennsylvania federal court refused to enforce non-competition and non-solicitation covenants in a franchise agreement of a nationwide tax preparation service franchisor. The court dismissed the franchisor’s
Franchise 101: Hunka, Hunka Confusion; and Leaky Forum Selection for Roofing Franchisor
Franchisor 101: Hunka, Hunka Confusion A federal district court in Florida denied a former moving and junk hauling franchisee’s motion to dismiss claims of trademark infringement and unfair competition by franchisor College Hunks Hauling Junk
Franchise 101: Court Holds Joint Liability is Fashionable; and Lack of Personal Training and Personal Jurisdiction
Franchisor 101: Court Holds Joint Liability is Fashionable A California federal district court held that judgment entered against individual owners of a franchisor entity, KEP Fortune, LLC, finding them jointly and severally liable with the
Franchise 101: Franchisor Cannot Massage its Way Out of Vicarious Liability; and Insurance Franchisor Cannot Mitigate Franchise Claims
Franchisor 101: Franchisor Cannot Massage its Way Out of Vicarious Liability A Texas court of appeals affirmed judgment in favor of a plaintiff who claimed a franchisor was vicariously liable for a franchisee’s employee’s wrongful